Performance Work Statement docx.docx

PERFORMANCE WORK STATEMENT (PWS)

Agilent Maintenance and Support Contract June 6th, 2023

Part 1 General Information

1. GENERAL: This is a non-personnel service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide preventative maintenance and repair of the Agilent Technologies Inc. (Agilent) branded equipment at Yuma Proving Ground, Yuma, AZ. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: This contract covers on-site maintenance and repair services (to include non-expendable Parts, Labor, and Travel) for the equipment listed in Section 1.3 below at the United States Army Proving Ground (USAYPG or YPG), Yuma, Arizona.

1.3 Scope: The Contractor shall provide non-personal service(s). The contractor will make a mandatory yearly preventative maintenance (PM) visit for covered instruments (including subsystems) as well as emergency on-demand repair visits if judged to be needed by Contracting Officer’s Representative (COR). Contractor will cover all travel and labor costs associated with the work done under this contract as well as all parts (non-consumables) required to repair and maintain the performance of the covered instruments.

The period of performance shall be for one (1) base year and two (2) option years. The Period of Performance is as follows:

Base year: 01 October 2023 - 30 September 2024 Option year 1: 01 October 2024 - 30 September 2025 Option year 2: 01 October 2025 - 30 September 2026

1.4 Objectives: Keep instruments within lab quality control limits of standard laboratory operations.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor’s existing quality assurance system shall be utilized in accordance with FAR 12.208.

1.5.2 Quality Assurance: The Government will 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 the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Friday/Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

Independence Day

1.5.4 Operating Hours: The Government facility operating hours occur between the hours of 06:30 to 17:00 Arizona Time, Monday thru Thursday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.5 Training Holidays: Reserved.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Building 2410, U.S. Army Yuma Proving Ground, Yuma, AZ 85365.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: Reserved.

1.6.2 Personnel Security Clearance Requirements: Reserved.

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.6.4 Background Checks: Contractor personnel performing work under this contract must be vetted through the Directorate of Emergency Services at YPG prior to entry on YPG to perform services. Those required to operate a motor vehicle must have a valid Driver’s License, proof of motor vehicle insurance and registration. All personnel assigned to services at YPG must maintain the level of security required for the life of the contract. Contactor personnel, subcontractor personnel, or any representatives of the contractor entering Yuma Proving Ground must abide by all security regulations. Contract personnel and property shall be subject to search and seizure upon entering the confines of the installation, while on the installation, and upon leaving the confines of the installation.

1.6.5 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: Reserved.

1.8 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. The Contracting Officer, Contracting Officers Representative (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.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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 change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: Reserved.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Contractor workspace: Reserved.

1.12.2 Contractor Identification Badges: Reserved.

1.13 Contractor Travel: Reserved.

1.14 Other Direct Costs (ODCs): Reserved.

1.15 Data Rights: Software associated with Agilent has been privately developed and is copyright registered. Any rights accompanying the subject software would be the same as those afforded any commercial transaction/customer as stated in the appropriate licensing agreement.

1.16 Non-Disclosure Requirements: Reserved.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: Reserved.

1.19 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 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.

1.20 Phase In /Phase Out Period: Reserved.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.21.1 Safety Laws and Regulations: The Contractor's employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance.

The Contractor shall comply with all OSHA, U.S. Army, U.S. Army Yuma Proving Ground, State, and other applicable industry safety standards. The Contractor shall report all accidents and occupational illnesses immediately to the Safety Office through the Contracting Officer's Representative (COR).

1.22 Environmental Compliance: The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: Reserved.

1.23 Required Training: The following provides information on training requirements.

1.23.1 AT Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training (available at the following website: http://jko.jten.mil) before admission onto USAYPG. The contractor shall submit certificates of completion for each effected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, after completion of training and before admission onto USAYPG.

1.23.2: Reserved.

1.23.3 iWATCH Training: The contractor and all associated sub-contractors shall brief employees assigned to perform work on USAYPG on the local iWATCH 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 briefing shall be completed before admission onto USAYPG. Written acknowledgement of completion of the briefing shall be reported to the COR before admission onto USAYPG.

1.23.4 – 1.23.5: Reserved.

1.24 – 1.28: Reserved.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

Contracting Officer – means a person with the 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.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means 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.

Contractor-acquired Property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Thursday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services:

3.1 Services: Reserved.

3.2 Facilities: The Government will provide working space within the Place of Performance to meet requirements.

3.3 – 3.8: Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 5 of this PWS.

4.2 – 4.5: Reserved

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 Basic Services: The contractor shall provide preventative maintenance and repair services for the Agilent equipment.

5.2 Tasks:

On-Demand Maintenance/Repairs: This contract shall cover unlimited, on-demand maintenance to correct emergent malfunctions encountered during normal equipment use. As needed during the period of performance, contractor will provide repair visits to USAYPG at no additional charge for labor and travel expenses. Work will be done at MAL laboratory facility, Building number 2410. After repair the contractor shall calibrate the instrument and/or pass a performance check as applicable to ensure proper functioning. Contractor needs to provide a report of all maintenance/repairs performed.

Replacement Parts: The contractor shall provide all non-consumable/expendable replacement parts. The cost for all replacement parts are considered to be included in the contract price. Non-consumable/expendable replacement parts refer only to those parts used in the performance of repairs or maintenance. This contract does not cover or include any expendable spares or consumable items/parts, which are the responsibility of the instrument owner (YPG). All replacement/repair parts installed on the equipment shall be new or factory refurbished to like-new condition.

Scheduled Maintenance: This contract requires the contractor to provide an annual preventive maintenance (PM) visit each year for the equipment listed below. This visit will be scheduled in coordination with the POC listed below. After maintenance the contractor shall calibrate the instrument and/or pass a performance check as applicable to ensure proper functioning.

Equipment requiring covered, on demand service & repair as well as requiring PM visit:

7850 ICP-MS Spectrometer, serial number: SG23021040 including subsystems:

Recirculating Chiller, serial number: 2212-00892 Controller for ICP-MS, serial number: MXL2164JMM ASX-520 CETAC Autosampler, serial number: 071171A520 RVP MS40-S TAD (Vacuum Pump), serial number: IT22525059

ECSORT MAY BE REQUIRED FOR AGILENT MAINTENANCE PERSONNEL DEPENDING ON SECURITY LEVEL.

POC FOR THIS ACTION IS: James Green 928-328-6408.

5.3: Reserved

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): None

PART 7

ATTACHMENT AND TECHNICAL EXHIBIT LISTING

7. Attachment and Technical Exhibit List:

7.1 Technical Exhibit A: Performance Requirements Summary (PRS)

7.2 Technical Exhibit B: Deliverables Schedule

TECHNICAL EXHIBIT A

Performance Requirements Summary (PRS) For Agilent Service Contract

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.

of Surveillance

PRS # 1.

The contractor shall repair the instrument.

PWS paragraph: as stated in paragraph 2.2.

After repair, the instrument performs to manufacturer’s specifications.

Inspection by the COR.

PRS # 2.

The contractor shall calibrate the instrument or pass performance check.

PWS paragraph: as stated in paragraph 2.2 and 2.4.

The instrument performs to manufacturer’s specifications.

Inspection by the COR.

PRS # 3.

The contractor shall perform an annual Preventive Maintenance visit on all covered equipment.

PWS paragraph: as stated in paragraph 2.4.

After maintenance, the instrument performs to manufacturer’s specifications.

Inspection by the COR.

PRS # 4.

The contractor shall provide a report at the end of all maintenance actions.

PWS paragraph: as stated in paragraph 2.2.

The contractor provided report.

Inspection by the COR.

TECHNICAL EXHIBIT B

DELIVERABLES SCHEDULE

email address:

james.m.green170.civ@army.mil