Attachment 1 PWS Amendment 0001-Revised_PWS_ROEs_Guam101.pdf

PERFORMANCE WORK STATEMENT (PWS)

To Obtain Right-of-Entry (ROE) documentation for lots identified as Priority 3 lots within the Area 101, Guam

Dated 17 July 2020

Revised 31 July 2020 Part 1

General Information

1.0 General: This is a performance- based acquisition (PBA) to provide support with future remedial work within Area 101 and technically assist the FUDS Area 101 project.

1.1 Objective: The purpose of this contract is to obtain deeds, maps and all land owner information (if any) to include names, addresses, and telephone numbers or contact numbers of the registered landowners of the lots identified on the map and included in the excel spreadsheet in Guam 101 area of responsibility (AOR). This effort is necessary in order to gain access to the land properties within the Area 101 and future work of Remedial investigation, feasibility study and other work within the Area 101. The government will provide the information on the lots where the data is required by providing the map and the excel spreadsheet with the parcels listed. The contractor shall also assist the government in identifying and locating access to the information on the lots that have been further subdivided to make sure that the Government receives the most current information on all the parcels requested. Additionally, the contractor shall support any public meeting events during the duration of the contract for support and assistance in getting the information of the land parcels identified in this contact. The Government will provide the spreadsheet with the information on the lots required by this PWS. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The Area 101 Formerly Used Defense Sites (FUDS) is located in the community of

Lupog, in the Municipality of Yigo, Guam and consists of approximately 842 acres, immediately south of Anderson Air Force Base (AFB), near the northeast coast of Guam. The site has been determined to be formerly used by the Department of Defense and identified as having used, stored, produced and/or tested military munitions.

1.3 Description of Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to obtain the names, addresses, telephone numbers and all contact information for the landowners of the FUDS properties listed within Area 101, Guam as defined in this Performance Work Statement. The Contractor shall also provide information on the government furnished property and services and assist in getting the signatures needed to executing the ROE. The contractor shall perform to the standards in this contract. The contractor shall not use or release to the third parties the personal information requested in this contract. The information regarding the landowners for priority 3 lots in Guam Area 101 should be the latest and most up to dated according to the local database. The following tasks are covered by this PWS:

1.3.1 Coordinate with the Environmental Branch, U.S. Corps of Engineers to obtain pertinent information. The Contractor shall coordinate with the U.S. Army Corps of Engineers Thomas Maruyama 808-835-4095 and Iwona Jeanbaptiste 808-835-4409 to review available information, to identify knowledgeable personnel and agencies in order to establish property ownership.

1.3.2 Conduct a search of the legal registered land owners for the sites depicted on the map and spreadsheet provided based on the Area 101 AOR.

1.3.3 Support map screening to ensure all the lands within priority 3 are included in the information requested

1.3.4 The contractor shall support any public meeting events during the duration of the contract for support and assistance in getting the information of the land parcels identified in this contact. For estimating purposes, the Contractor shall assume the support for two public meetings.

1.3.5 The Contractor shall use all available resources to obtain the names, addresses, and contact numbers for the registered land owners within the Area 101, Guam identified as Priority 3 lots, to include deeds and maps for all the identified lots. The Government shall provide the spreadsheet with lot numbers identified as Priority 3 lots (approximately 275 lots). Additionally, the contractor shall assist the government in identifying and locating access to the properties for priority 3 lots not included or further sub divided, (not identified in the spreadsheet). This can account for additional 10%-20% of the lots not included or sub divided in the spreadsheet provided by the government (no more than 60 lots).

1.4 Period of Performance: The period of performance shall be for 180 days after the award of this Task

Order. The deliverables are requested within 90 days of the award of the task order.

1.5 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 the minimum acceptable defect rate(s).

1.6 Quality Control (QC): The Contractor shall develop and maintain an effective Quality Control

Program (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures that work complies with the requirements of the contract. The Contractor shall provide the Contracting Officer (KO) or Contracting Officer’s Representative (COR) a copy of the Quality Control Plan upon request.

1.7 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.8 Type of Contract: The government will award a Firmed Fixed Price Task Order, Performance-based contract for the services described herein.

1.9 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.

1.10 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, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. 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 change any of the terms and conditions of the resulting order.

1.11 Inspection and Acceptance of Delivered Work: As soon as practicable after delivery of work in any installment, the COR will spot check for serious errors or an undue number of minor errors indicating mistakes, carelessness, or lack of adequate quality control on the part of the Contractor. The COR may forego a thorough inspection and return the entire submittal for rechecking and correction by the Contractor.

1.12 Key Personnel: The follow personnel are considered key personnel by the government: Thomas Maruyama, Construction Control, Iwona Jeanbaptiste, Project Management Specialist, Richard Tanaka, Project Manager and Lori-Ann Wong, FUDS Program Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential to the successful performance of the contract. The following personnel are considered key personnel by the Government:

Contractor Project Manager. The Contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the Project Manager is absent shall be designated in writing to the KO. The Contractor Project Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Project Manager or alternate shall be available between, Monday and Friday except Federal holidays.

1.13 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.

1.14 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. 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.

1.6.10 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 effect 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.

1.6.11 Payments: The Contracting Officer required that the Contractor billings will be submitted to the Government and accomplished by summary of work performed during billing period. The Contractor is required to submit his/her written and signed “Release of Claims” form to the Contracting Officer with his/her final bill for services rendered under the terms of this contract. Invoices shall include all the necessary information, including any necessary supporting documentation, and will be based on the work completed for each specific task under this Project. A draft invoice shall be submitted in pdf format by email and followed up with mailing a hardcopy to the address below:

U.S. Army Corps of Engineers Honolulu District Attn: Amy Tashiro and Iwona Jeanbaptiste, Building 230 Otake Street, suite 104 Fort Shafter, HI, 96858-5440 Email:

amy.i.tashiro@usace.army.mil iwona.jeanbaptiste@usace.army.mil

During the performance of this Project, the Government shall make monthly progress payments based on the invoices submitted for the work completed and found to be acceptable by the Government. With the invoice the contractor shall submit a progress report. No modification of the contract shall occur without coordination and approval by the Contracting Officer (KO).

1.6.12 Release and Use of Information: The information developed, gathered, and assembled in fulfillment of the contract requirements as defined in or related to this PWS shall not be released by the Contractor, his/her consultants or any third parties. The information developed under this PWS will become the complete property of the government and shall, therefore not be used by the contractor for any purpose at any time without the written consent of the Contracting Officer.

1.6.13 Contract Execution and Reports: The Contractor is expected to develop an objective final product fulfillment of the terms of this contract. The Government expects that the Contractor shall properly, appropriately, and adequately include and thoroughly investigate all areas and sources of information pertinent to the objective analyses of the areas specified in the PWS.

mailto:amy.i.tashiro@usace.army.mil

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions: The following definitions and descriptions apply wherever the term, phrase, or acronym is used in this Performance Work Statement.

2.0.1 Acquisition: The acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

2.0.2 Additional Work: Any service or task that is over and beyond that which is specifically listed in the PWS but is still covered within the contract’s scope of work.

2.0.3 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 Contractor.

2.0.4 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.

2.0.5 Contracting Officer’s Representative (COR): A person designated and authorized by the KO to administer the contract. 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.

2.0.6 Discrepancy/Deficiency: A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.0.8 Equipment: A tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

2.0.9 Government: United States of America

2.0.10 Government-Furnished Property/Equipment (GFP/GFE): Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

2.0.11 Interim Risk Management (IRM): Interim Risk Management activities designed to communicate to current landowners on FUDS properties the risks associated with the current conditions of their property relative to former DoD activities.

2.0.12 Key Personnel: Contractor personnel that have important responsibilities in the performance of a contract and play a significant role in the successful completion of tasks and activities that are required in the PWS.

2.0.13 Performance-based Acquisition (PBA): An acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed.

2.0.14 Performance Requirements Summary (PRS): A summary of the performance objectives that relate directly to mission essential items. Shows contract requirements, performance standard, and performance thresholds in order to receive a satisfactory rating and the Government’s method of surveillance for each work requirement.

2.0.15 Performance Work Statement (PWS): A statement of work for PBAs that describes the required results in clear, specific and objective terms with measurable outcomes.

2.0.16 Physical Security: Actions that prevent the loss or damage of Government property.

2.0.17 Point of Contact (POC): Government personnel designated to inspect work performed under the contract and make daily contact with Contractor employee(s). The Government POC will conduct and maintain Quality Assurance Evaluations. A Point of Contact has no authority to enter into, administer, modify or terminate contracts.

2.0.18 Project Manager (PM): A PM is either a Government employee or Contractor employee responsible for overall operations of the project and assigned to act as a liaison between the Government and the Contractor on technical issues. A Project Manager has no authority to enter into, administer, modify or terminate contracts.

2.0.19 Quality Assurance (QA): The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.0.20 Quality Assurance Monitoring Form (QAMF): Form completed by COR and used as documentation of the surveillance of the Contractor’s performance.

2.0.21 Quality Assurance Surveillance Plan (QASP): A written plan specifying the surveillance method(s) to be used for surveillance of Contractor performance.

2.0.22 Quality Control (QC): All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.0.23 References: Additional material, documentation, electronic files, listings, technical exhibits, appendixes, attachments, publications, etc. that may be located within the contract or elsewhere as specified in the PWS.

2.0.24 Right of Entry (ROE): A legal document providing USACE access to private property for a limited duration of time.

2.0.25 Security: Actions that prevent the loss or damage of Government property.

2.0.26 Services: Any duties or work performed by the Contractor for the Government

2.0.27 Shall: Imperative

2.0.28 Subcontractor: One that enters into a contract with a Prime Contractor. The Government does not have privates of contract with the subcontractor.

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

2.0.30 Work Supervisor: Contractor employee responsible for performance of the work with the authority to act for the Contractor on all contract matters relating to daily operations of the contract.

2.0.31 Work Week: Monday through Friday, unless specified otherwise, however the contractor may work on the weekend if they choose to do so.