PWS - RRBN Rockwall Purchase Maintenance.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

RRBN Mobile Climbing Wall Purchase and Maintenance

1.0 General:

1.1 Scope: The contractor shall provide two (2) mobile climbing walls, also known as “mobile rock walls,” that meet the specifications in paragraph 5.1. The contractor shall deliver both mobile climbing walls to the New York Army National Guard (NYARNG) Recruiting and Retention Battalion (RRBN) on the Watervliet Arsenal in Watervliet, NY. The contractor shall also provide five-year maintenance and training plans for both mobile climbing walls (base year plus four option years) that meet the specifications in paragraph 5.2. The contractor shall provide all personnel, equipment, parts, tools, materials, supervision, and quality control necessary to furnish the two (2) mobile climbing walls, deliver them to the Watervliet Arsenal, Watervliet, NY, and execute a five-year maintenance and training plan on both mobile climbing walls.

1.1.1 Objectives: This contract will provide the NYARNG RRBN with two (2) mobile climbing walls and two (2) five-year maintenance and training plans to service the mobile climbing walls and instruct NYARNG RRBN Soldiers on their use. The primary objective of procuring and maintaining mobile climbing walls is to provide Recruiting and Retention Non-Commissioned Officers with opportunities to interact with prospective candidates in our target demographic of 17-35 year-olds.

1.2 Background: NYARNG RRBN currently owns a 25’ three-lane mobile climbing wall that has been a very successful recruiting tool. This wall was manufactured in 2015, however, and needs to be replaced due to its age. NYARNG RRBN looks to replace this asset with two five-lane mobile climbing walls.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year for product delivery and initial maintenance and training and 4 option years in which the contractor shall execute maintenance and training plans on both mobile climbing walls.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall be available to be contacted by the NYARNG between the hours of 0800-1600 on Monday through Friday, except on recognized US holidays. The contractor shall at all times maintain an adequate work force 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 work force are essential.

1.4.1.1 Telework: The Government will permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 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.

1.4.1.3 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, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (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 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (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 itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): 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 will 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) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved.

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Reserved.

1.4.5.4 Reserved.

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 Reserved.

1.4.5.7 Reserved.

1.4.5.8 Reserved.

1.4.5.9 Reserved.

1.4.5.10 Reserved.

1.4.5.11 Reserved.

1.4.5.12 Reserved.

1.4.5.13 Reserved.

1.4.5.14 Reserved.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Reserved

1.4.6.2 Reserved.

1.4.7 Special Qualifications: The contractor shall ensure all employees and affiliates possess all required licenses to execute maintenance and user training on mobile climbing walls. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services).

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 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 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.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings 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 that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.4.10.1 Reserved.

1.4.11 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. 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.

1.4.12 Reserved.

1.4.13 Data Rights: The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include radio and television advertisements, 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.

1.4.14 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. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

1.4.15 Reserved.

2.0 Definitions and Acronyms:

2.1 Definitions:

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 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 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 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.

2.1.5 Mobile Climbing Wall: Also known as a “mobile rock wall,” this asset is a trailer-mounted climbing wall complete with climbing holds, climbing harnesses, belay cables, automatic belay systems, and braking systems that enable climbers to safety descend in a controlled manner. This asset is towable by a standard pick-up truck.

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

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

2.1.8 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.10 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

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: Reserved.

3.2 Materials: The contractor shall provide all personnel, equipment, parts, tools, materials, supervision, and quality control necessary to furnish the two (2) mobile climbing walls, deliver them to the Watervliet Arsenal, Watervliet, NY, and execute a five-year maintenance and training plan on both mobile climbing walls.

3.3 Reserved.

3.4 Reserved.

3.5 Reserved.

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

4.1 General: The contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Reserved.

4.3 Reserved.

5.0 Requirements: The contractor shall perform the following tasks.

5.1 The contractor shall provide two (2) trailer-mounted mobile climbing walls, also known as “mobile rock walls” that meet the following specifications. The mobile climbing wall systems shall include a lightweight, durable climbing surface complete with climbing holds, climbing harnesses, belay cables, automatic belay systems, and braking systems that enable climbers to safety descend in a controlled manner. The mobile climbing walls shall have five lanes that can accommodate five climbers simultaneously, and shall be able to accommodate at least 100 climbers per hour. The mobile climbing wall shall be able to accommodate climbers within a weight range of 45-250 lbs. per climber. The mobile climbing walls shall be 26 feet high, have a surface area of 524 square feet, have a travel height of 10 feet and travel width of 8 feet, and a dry weight of 4600 lbs. The mobile climbing walls shall have an electric 12 volt brake and a fully redundant automatic belay system. The mobile climbing walls shall be mounted on a trailer system that enables the climbing walls to operate within a 200 square foot area. The mobile climbing walls must be towable by a standard pick-up truck. The contractor shall deliver both climbing walls to the Watervliet Arsenal in Watervliet, NY.

5.2 The contractor shall provide five-year maintenance and user training plans for both mobile climbing walls. The period of performance for these plans shall be one (1) base year for initial maintenance and training upon product delivery and four (4) option years in which the contractor shall execute annual maintenance and user training plans on both mobile climbing walls. The annual maintenance, at a minimum, shall consist of a complete safety inspection, replacement of all five (5) belay cables, inspection and service of the braking and automatic belay systems to ensure proper operation, inspection and service of the climbing harnesses, inspection and service of the overall structure of the climbing wall to include replacement of climbing holds as needed, inspection and service of all component wiring and electrical systems, and inspection and service of the trailer that the climbing wall is mounted on. The annual user training plan shall consist of instruction for up to 15 NYARNG RRBN Soldiers on the proper towing, set-up, use, and break-down of the mobile climbing wall and all applicable safety and troubleshooting procedures. The contractor shall provide all personnel, equipment, parts, tools, materials, supervision, and quality control necessary to fulfill the annual maintenance and training plans. The contractor shall travel to the Watervliet Arsenal in Watervliet, NY in either April or May of each year of the contract to execute the maintenance and user training plans; all travel costs shall be at no additional expense to the government.

5.3 The Contractor may make recommendations to the COR for improvements.

5.4 Service Contract Reporting:

5.4.1 The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NYARNG via a secure data collection site.

5.4.2 The contractor shall completely fill in all required data fields using the following web address: https://sam.gov. Log in and select Entity Registrations and then select Service Contract Reporting. The Contractor shall report the required information annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

5.4.3 The DoD Guidebook for Service Contract Reporting in SAM, available on the DoD Procurement Toolbox at https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr. The General Services Administration (GSA) has also posted additional guidance such as quick start guides, informational videos, and frequently asked questions, that can be accessed by going to https://sam.gov and searching the “HELP” section. The SAM Federal User Guide is also available in the “HELP” section for comprehensive instructions on navigating SAM. Contractors requiring assistance using SAM should contact the Federal Service Desk at https://www.fsd.gov.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Federal Acquisition Regulation

Defense Federal Acquisition Regulation Supplement

Joint Travel Regulation (JTR)

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 (Change 1: 07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 09/09/14 (Change 1: 05/04/2018)

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019

DoD 5400.11-R Department of Defense Privacy Program

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020

DoD 8570.01-M Information Assurance Workforce Improvement Program

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016)

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors

AR 25-2

Information Assurance 04/04/2019

AR 530-1

Operations Security

AR 525-13

Antiterrorism

AR 381-12

Threat Awareness and Reporting Program (TARP) (Section II, ¶ 2-4.b)

NGR 601-1

Army National Guard Strength Maintenance Program

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification 10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security Agreement Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

5.1

The contractor shall provide two (2) trailer-mounted mobile climbing wall systems that include a lightweight, durable climbing surface, climbing holds, climbing harnesses, belay cables, an electric 12 volt brake, and a fully redundant automatic belay system.

The mobile climbing walls shall have five lanes that can accommodate five climbers simultaneously, and shall be able to accommodate at least 100 climbers per hour. The mobile climbing wall shall be able to accommodate climbers within a weight range of 45-250 lbs. per climber.

The mobile climbing walls shall be 26 feet high, have a surface area of 524 square feet, have a travel height of 10 feet and travel width of 8 feet, and a dry weight of 4600 lbs.

The mobile climbing walls shall be mounted on a trailer system that enables the climbing walls to operate within a 200 square foot area.

The mobile climbing walls must be towable by a standard pick-up truck.

The contractor shall deliver both climbing walls to the Watervliet Arsenal in Watervliet, NY.

5.2

The contractor shall provide five-year maintenance and user training plans for both mobile climbing walls; POP is base year plus four (4) option years.

The annual maintenance, at a minimum, shall consist of a complete safety inspection, replacement of all five (5) belay cables, inspection and service of the braking and automatic belay systems to ensure proper operation, inspection and service of the climbing harnesses, inspection and service of the overall structure of the climbing wall to include replacement of climbing holds as needed, inspection and service of all component wiring and electrical systems, and inspection and service of the trailer that the climbing wall is mounted on.

The annual user training plan shall consist of instruction for up to 15 NYARNG RRBN Soldiers on the proper towing, set-up, use, and break-down of the mobile climbing wall and all applicable safety and troubleshooting procedures.

The contractor shall provide all personnel, equipment, parts, tools, materials, supervision, and quality control necessary to fulfill the annual maintenance and training plans.

The contractor shall travel to the Watervliet Arsenal in Watervliet, NY in either April or May of each year of the contract to execute the maintenance and user training plans; all travel costs shall be at no additional expense to the government.

The contractor shall completely fill in all required data fields using the following web address: https://sam.gov.

The Contractor shall report the required information annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

TECHNICAL EXHIBIT 2

Deliverables Schedule

Ver. October 2022