20160718_Attachment_1_PWS.pdf

ATTACHMENT 1

PERFORMANCE WORK STATEMENT (PWS)

FOR LODGING AND MEALS

FOR THE TRANSWARRIOR FY16 PHASE 2 MISSION

AT THE PORT OF CHARLESTON, SOUTH CAROLINA

PART 1

GENERAL INFORMATION

1. General: The objective of this contract is to provide Lodging and Meals for 210 Soldiers in support of the Trans Warrior FY16 Phase 2 (TW16 PH2) mission in Charleston, South Carolina. This contract is required to successfully complete the mission parameters of the TW16 PH2.

1.1. Description of Services: The contractor shall provide lodging and meals in a manner that is safe, orderly, and timely in order to support this exercise. The contractor shall perform to the standards in this contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. The contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2. Background: This contract is required to successfully complete the mission parameters of the

TW16 PH2 at Charleston, South Carolina.

1.3. Objectives: The objective of this contract is to provide life support services, to include lodging and meals for the Soldiers involved in the TW16 PH2 mission during the performance of said mission.

1.4. Scope: Provide lodging and subsistence for up to 210 Soldiers, daily, who are participating the in the TW16 PH2. Additional requirements include access to an overnight parking lot to park at least ten vans, two buses, and five sedans daily; and laundry facilities. Daily meals will include a full hot breakfast and hot dinner for up to 210 Soldiers daily.

1.5. Period of Performance: The period of performance will begin 13 August 2016 and end o n 27

August 2016.

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 52.246-1, Contractor Inspection Requirements). The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The QCP, as a minimum, shall address continuous process improvement;

procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.7.Corrective Actions: At any time it is determined by the KO that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency. If a Contract Deficiency Report (CDR) is issued the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance and CA to the root cause to prevent recurrence and a timeline for completion.

1.8. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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.

1.9. Federal Government Holidays: The following is a list of legal Federal Holidays observed by the government and military. Any of the following holidays falling on a Saturday will be observed on the preceding Friday and holidays falling on a Sunday will be observed on the following Monday.

New Year’s Day 1st day of January Martin Luther King Jr.’s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November

1.10. Hours of Operation: The Contractor must at all times maintain as adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.11. Place of Performance: The work to be performed under this contract will be performed at the contractor’s place of business providing the lodging, meal, and additional services. The mission will be conducted at the Port of Charleston, South Carolina. Contractor facilities must be located with 25 miles of the Port of Charleston.

1.12. Type of Contract: The government will award a Firm Fixed Price (FFP) Purchase Order.

1.13. Security Requirements: Not Applicable

1.14. Physical Security: Not Applicable

1.15. Security of Classified Items, Systems and Information: The Contractor, as a general rule, shall not have access to classified information; however, should classified documents falls into possession of the Contractor, the Contractor shall immediately contact the COR for disposition instructions (if applicable).

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

1.17. Reporting of Fire and Safety Hazards: The Contractor shall train personnel to recognize fire/safety hazards and encourage personnel in the performance of their duties to report fire/ safety hazards as well as unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.18. Environment and OSHA: The Contractor shall comply with all Federal, State, and Local environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such Federal, State, and Local environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution. The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict.

The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such Federal, State, and Local laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.19. Reporting Mishaps: The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors; (2) Damage to GFM, GFP, or GFE provided to a Contractor; (3) Contractor accidents involving Army property and personnel.

1.20. Personnel Safety: The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, COR or other designated representative, and shall notify the KO of the corrective action to be taken.

1.21. Personnel: For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or Subcontractors. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable Federal, State, Local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general well being, or operational mission of the Army and the surrounding area. All Contractors’ personnel shall comply with installation security and access procedures.

1.22. Contractor’s personnel whose tasks involve operation of any vehicles shall possess a valid U.S. State driver’s license, certificates and permits applicable for the type and class of vehicle being operated.

1.23. Contractor’s personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card.

1.24. Speaking, Reading, and Understanding English: Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties.

Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.25. Conflict of Interest & Employment of Government Personnel: The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DOD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

1.26. Conduct of Employees: Contractor employees shall conduct themselves IAW installation policies concerning conduct and DOD 5500.7-R, Joint Ethics Regulation. The KO may require the Contractor to remove from the job site any employee working under this contract for reason of misconduct, security, found to be, or suspected to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises if such action is necessary in the best interests of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS. Contractor personnel will not get in a confrontational situation with Government or Government personnel. KO and COR will be responsible for providing a resolution to all disputes and disagreements.

1.27. Special Qualifications: Not Applicable

1.28. 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.

1.29. 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; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies. 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 with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to changes any of the terms and conditions of the resulting order.

1.30. Key Personnel: The follow personnel are considered key personnel by the government:

Project Manager (PM)/Alternate PM. The Contractor shall provide a PM 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 KO/COR within five (5) calendar days after contract award, thereafter any changes shall be provided five (5) business days prior to expected change and no less than 24-hours after unplanned changes. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.31. Identification of Contractor Employees: 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 worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees 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 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.

1.32. 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.

1.33. Contractor Travel: Not Applicable

1.34. Organizational 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. 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.

1.35. Other Direct Costs: Not Applicable

1.36. Data Right: Not Applicable

1.37. Phase In/Phase Out Period: Not Applicable

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS: Federal Acquisition Regulation (FAR), Dictionary of US Army Terms, AR 310-25 and Authorized Abbreviations and Brevity Code, AR 310-50, are the references for definitions and acronyms not listed below.

2.1. 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.

2.2. 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.

2.3. 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.

2.4. 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.

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

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

2.7. 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.

2.8. 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.

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

2.10. 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.

2.11. 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.

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

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

2.14. SUBCONTRACTOR: One that enters into a contract with a prime contractor. The

Government does not have rights of contract with the subcontractor.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AQL Acceptable Quality Level AR Army Regulation AT Antiterrorism CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CPARS Contractor Performance Assessment Reporting System 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 DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation FPCON Force Protection Condition HIPAA Health Insurance Portability and Accountability Act of 1996 JER Joint Ethics Regulation JTR Joint Travel Regulation KO Contracting Officer

MOTSU Military Ocean Terminal Sunny Point OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out PM Project Manager 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. The Government will not provide any services, facilities, utilities, equipment, or materials to execute tasks in conjunction with this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General: The Contractor shall furnish all labor, supervision, transportation, vehicles, supplies, equipment, materials, facilities and services required to perform work under this contract.

4.2. Secret Facility Clearance: Not applicable.

4.3.Materials: The Contractor shall provide materials to support the requirements of this contract to meet the requirements under this PWS.

4.4.Equipment: The Contractor shall provide equipment to support the requirements of this contract to meet the requirements under this PWS.

PART 5 SPECIFIC

TASKS

5. Basic Services: The contractor shall provide lodging and meals.

5.1. Specific Requirements: The following outlines tasks to be completed by government and contractor.

5.1.1 Lodging. The contract will guarantee quantity available rooms to accommodate 210 personnel. Lodging will be location within 25 miles or 30 minutes driving time from the training area, Port of Charleston. Double occupancy rooms are preferred and should be maximized. One bed per person is required. Lodging facility should have interior room access for safety purposes. All rooms should have working smoke alarms and fire suppression systems places throughout the facility. The government will only pay for rooms occupied by military personnel during the period of performance and will not incur any additional cost for the hotel to hold the guaranteed rooms. The government will not pay for any additional charges incurred by occupants such as phone calls, movies, and room service.

All additional costs will be the responsibility of the individual occupant. The contractor may require personal credit cards to be kept on file.

5.1.2 Meals. The contractor shall provide meals at specified times. Dining facility should be located within the lodging area. The contractor shall provide enough meals to feed approximately 210 personnel during each breakfast and dinner. Breakfast hours are from 0500-0700 daily. Dinner hours are from 1700-1930 daily. Breakfast requires a protein, starch, fruit, water and a drink other than water offerings per meal. Dinner requires a main dish, salad, bread, dessert, water, and a drink other than water offerings per meal. An alternate and/or additional non-pork protein menu item is required on days when pork is served. Buffet styled servings are preferred for both breakfast and dinner. Meals will be served in a safe environment with sanitary conditions. The contractor is responsible for preventing all foodborne diseases by properly storing, preparing, and serving food. The government will provide only pay food meals consumed by military personnel during the period of performance.

5.1.3 Laundry. The contractor shall have an onsite self-laundry facility available for mission participants’ use throughout duration of performance period.

5.1.4 Parking. The parking area shall be available for overnight parking of vehicles as required for a fleet of up to ten vans, two buses, and five sedans daily.

5.2. CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR);

(2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's 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 Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different);

(9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

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

29 CFR 1910, Occupational Health and Safety, DoD 5200.08-R, Physical Security Program 32 CFR 147.24, The National Agency AR 190-13, The Army Physical Security AR 385-10, The Army Safety Program DA Pam 385-40, Army Accident Investigations and Reporting Executive Order 13514