BPA_PWS.PDF

Blanket Purchase Agreement for

Material Handling Equipment

Part 1: General Information

1. GENERAL: This is a non-personal services contract to provide Material Handling Equipment (MHE) / and/or Material Handling Equipment with or without Other Country National (OCN) operator. 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.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform MHE Lease and/or MHE Lease with english speaking OCN operator as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: United States Forces- Afghanistan (USFOR-A) has an ongoing need for various types of MHE throughout the Combined Joint Operation Area –Afghanistan (CJOA-A). Based on past requirements, turnaround time for actions and finding the requested equipment the Government determined an established Blanket Purchase Agreement (BPA) will minimize delays and ensure equipment is readily available to support all activity requirements across CJOA- A.

1.3. Objectives: To provide MHE Lease with or without operator throughout CJOA-A to various Camps based on activities needs/requirements.

1.4. Scope: The Contractor will provide non-personal services to provide MHE Lease with or without Operator based on prices submitted and approved in the BPA. The Contractor will provide safe, operable equipment with operator (when required) in accordance with (IAW) this PWS. Services include providing equipment with or without operator as requested and IAW BPA. Provide scheduled/unscheduled maintenance support for leased equipment as needed 7 days a week.

1.5. Ordering Period: The Ordering Period for the BPA is 1 August 2018 – 31 July 2023. The Period of Performance will be identified on each Call/Order issued against this agreement.

1.6. General Information

1.6.1. Calls/Orders: BPA Calls/Orders will be placed among the Contractors awarded a BPA within their region. The Calls/Orders will be rotated among the BPA holders in turn starting with BPA holder whose cost is most advantageous to the Government first. Contractor will be provided the below information prior to BPA Calls/Orders being placed

‐ List of equipment needed ‐ Whether it is an equipment lease or equipment lease w/operator ‐ Location for delivery of equipment ‐ Time equipment needs to be delivered and delivery instructions (what gate, etc.)

‐ Who your Point of Contact will be

1.6.2. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements Any in-process inspection by the Government shall be conducted in amanner consistent with commercial practice. This BPA is being established using FAR Part 12 procedures.

1.6.3. Quality Assurance: This BPA is being established using FAR Part 12 Acquisition of Commercial items and FAR Part 13 Simplified Acquisition Procedures; therefore, no Quality Assurance Surveillance Plan (QASP) is required. The Government will rely on the Contractors assurances that the commercial supplies and/or services tendered for acceptance conform to the contract requirement. However, the Government reserves the right to inspect or test any supplies or services that have been tendered before acceptance for each BPA calls/Orders placed under this agreement.

1.6.4. Holidays: The contractor will be required to perform work on all US and Afghan Holidays.

1.6.5. Hours of Operation: The contractor is responsible for conducting business between the hours of 7:00am –5:00pm.

Hours can fluctuate based on activities requirements/location and any changes will be identified on the BPA order. Work schedule is Monday thru Sunday except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.6. Place of Performance: The work under this contract will be performed at locations within the region the BPA was awarded for (See Attachment 1 - Map of Region). Each call order will specify the particular site within the region the work will be performed at.

1.6.7. Type of Contract: The government will award a Firm-fixed price BPA.

1.6.8. Security Requirements: Security Clearance is not required for performance under this contract.

1.6.8.1. Base Access: In order to obtain base access/badge Contractor/Employees must:

- Have a valid original passport and valid LOA

- Badging application filled out in its entirety

- Pass a screening interview to include PCAST, FP Screening, or both.

- Be enrolled in the Badging Office’s Biometric System, initial enrollment to include 10-2-1-1, which means 10 finger prints, 2 iris scans, 1 DNA swab and 1 passport style photo taken from each initial enrolled local national worker.

- The company must remain elegible for base access as further described in the accompanying clause, 5152-225-5916, Mandatory Eligibility for Installation Access.

1.6.8.2. Contracting Officer Representative (COR) may request a list of names and other information in order to start the base access process

1.6.8.3. If base access is required for recovery of equipment all Contractor employees and vehicles shall be subject to search prior to entrance and exit. Employees and service vehicles transiting to and from the Camp through the gate shall require the appropriate security credentials and be subject to the appropriate searches in accordance with Camp Anti- Terrorism Force Protection procedures. Contractors shall make reasonable efforts to screen personnel to eliminate security threats. The U. S. military reserves the right to deny access to any employee of the contractor it deems to be a possible security risk. Contractor and employees shall not use phones or cameras while in the confines of the compound without the express consent of the U. S. military.

1.6.9. Safety: Operators will operate all equipment in a safe manner. If operator or mechanic observes any unsafe condition to any piece of equipment or the operation of any piece of equipment, they shall immediately halt operation and notify the COR. If the Government observes an unsafe act by the operator with the equipment, the operator will stop work upon request of the Government and wait on guidance from the COR.

1.6.10. Special Qualifications: The contractors OCN operator(s) shall be licensed on the equipment they are operating for any operation of leased equipment. License should be valid and verifiable.

1.6.11. 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, 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.

1.6.12. 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. The COR "Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions."

1.6.13. Key Personnel: The follow personnel are considered key personnel by the government: Contract Manager/ Alternate Contract Manager. The contractor shall provide a contract 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 manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate (who may be located off site) shall be available between 7:00am – 5:00pm Monday thru Sunday, except when the government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Qualifications for all key personnel are listed below: Minimum of 2 years of construction related experience, other relevant experience may be included but is not limited to project management. Must speak English to be able to address any issues or concerns with the COR or KO.

1.6.14. Identification of Contractor Employees: All contract 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 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. All contractor personnel performing services on this BPA for any Camp must wear a badge at all times.

1.6.15. 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.

PART 2

DEFINITIONS & ACRONYMS

2. 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. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government 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.

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

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

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

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

2.1.13. WORK WEEK. Monday through Sunday unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Utilities: The Government will provide electric if required for performance of work while on base/camp. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.2 Fuel: The Government will provide fuel for equipment during use at the Government location.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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 3 of this PWS. The contractor shall keep the equipment in a running and fully operational condition. Equipment will be delivered within the timeframe agreed to in this BPA and must meet the minimum acceptance criteria provided on Attachment 3 -Inspection Sheet. Acceptance of the items will not be made unless equipment passes inspection or any on spot corrections are made.

4.1.1. Qualifications: The Contractor shall provide operator licenses for equipment they will be operating.

4.2. Materials: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.3. Equipment: The Contractor shall provide all equipment approved on the equipment list IAW this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide leased MHE with english speaking OCN Operator or MHE without operator in accordance with; the regions specified under Attachment 1 -Map of Regions, in accordance with the BPA and the approved price list (Attachment 2) for selected region within CJOA-A as requirements are needed.

5.2. All BPA Calls/Orders that require operators the Contractor shall ensure appropriate licenses for the type of equipment they will be operating is current and available upon request of COR. Each call/order with operator should have one english speaking operator to be able to correspond with the COR.

5.3. MHE with or without Operator: All equipment provided must be 2010 or newer. Must provide verification of year/model of equipment upon delivery/acceptance inspection. Equipment shall be delivered operational with no leaks, clean and ready for Government use upon delivery. Government will return the equipment clean back to the Contractor.

5.4. Maintenance: The contractor shall perform both scheduled and unscheduled maintenance. The Contractor should make the COR aware of any scheduled maintenance on any of the MHE delivered to the Camp 48hours in advance to allow COR to adjust work load. If the required maintenance will cause the equipment to be removed from operation for a period exceeding 48 hours, a suitable replacement will be provided. The contractor is responsible for providing all parts, labor, and expertise necessary to complete any/all required maintenance tasks. The Contractor is responsible for normal maintenance and items that must be replaced due to fair wear and tear such as but not limited to, windshield wipers, tires, headlamps, filters, fluids, hoses, and lubricants. The maintenance whether it is routine or due to necessary repair is the full responsibility of the contractor and will be completed at no additional cost to the Government.

5.5. Recovery: Upon proper notification, the contractor will recover disabled equipment within 5 days from the time of notification. The contractor shall notify the COR if recovery cannot be performed within the 5 days period. At no time will the recovery of equipment exceed 7 days.

5.6. Replacement Equipment: Replacement(s) equipment shall be provided for all equipment delivered that does not function properly within 5 days but not more than 7 days after notification/approval from the COR.

5.7. Inspection: All equipment will have an acceptance inspection done upon delivery (Attachment 3- Inspection) to the Camp by the Government/Contractor and prior to returning the equipment to Contractor. Inspection will be done as well as pictures of each piece of equipment. Pictures and Inspection sheet will be supplied to the Contracting Office within 24 hours after delivery/pick-up of equipment by COR. The inspection/pictures will apply to any equipment replaced due to maintenance or replacement.

5.8. Equipment with OCN Operators: The Contractor is required to ensure the OCN Operators secure the equipment each evening. Secure steering wheel, remove key, etc, at no time will Government personnel operate equipment during or after hours when an operator is assigned to equipment.

5.9. OCN Operators performing services in accordance with this BPA will be required to wear badges at all times

5.10. Delivery Times: All equipment will be delivered in accordance with BPA Calls/Orders issued

PART 6

ATTACHMENT/TECHNICAL EXHIBIT LISTING

6. Attachment/Technical Exhibit List:

6.1. Attachment 1 – Map of Afghan Regions

6.1.1. Attachment 2 – Schedule of Material Handling Equipment, Lease

6.1.2. Attachment 3 - MHE Inspection

6.2. Technical Exhibit 1 – Performance Requirements Summary

Performance Objective Standard Performance Threshold

Method of Surveillance

The Contractor shall provide all operators that are licensed for equipment they use. IAW PWS

4.1.1 and 5.2

The Contractor shall ensure licenses are maintained in current status for each Operator.

Zero deviation from the standard

Periodic inspections, by COR

The Contractor shall deliver all equipment ready for use IAW

PWS 5.3

The Contractor will ensure equipment has no leaks and is clean inside and out before delivery.

Not more than 2 defects per month

Acceptance Inspection

The contractor shall perform scheduled and unscheduled Maintenance IAW PWS 5.4

The Contractor shall notify the COR 48 hours in advance too allow for schedule adjustments

Zero deviation from the standard

Periodic inspections, by COR

The Contractor shall remove disabled equipment IAW PWS 5.5

The Contractor shall remove equipment within 5 days after notification (not more than 7 days if agreed to by the COR)

Not more than 1 defect per month

COR observation, customer complaint

6.3. Technical Exhibit 2 – Deliverables Schedule.

Deliverable

Operator License IAW PWS 4.1.1 and 5.2

Frequency

With Proposal and as any operators are changed out.

# of Copies

1 Copy

Medium/Format

Email

Submit To

Contracting Officer/COR