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Handbook 09-48
September 2009

Appendix B

Example of a Performance Work Statement for Grounds and Roads Maintenance

1.0 Performance Work Statement (PWS). The contractor shall provide grounds and roads maintenance procedures that shall be preventive rather than remedial in nature, including gravel emplacement. The contractor shall ensure maintenance procedures for gravel control are in place for the Mihail Kogalniceanu (MK) Airbase and Babadag Training Area (BTA) Logistics Support Area (LSA) no later than 15 June 2007, and that the service continues through 31 December 2007. The contractor shall be familiar with and comply with all applicable local and national environmental laws and regulations for maintaining a clean and safe work environment and disposing of all waste.

Grounds and road maintenance will include maintenance and minor repairs to roadways and landscaping.

1.A. Contract specifics.

Street cleaning (MK Airbase only): The contractor shall use mechanical means to clean dirt, mud, leaves, or other debris from paved roadways and parking surfaces daily at a time directed by the contracting officer's representative (COR). Contractor shall dispose of all materials from cleaning the MK Airbase in accordance with Romanian law, policies, and regulations.

Grass cutting: The contractor shall cut the grass and rake and remove the grass indicated on MK Airbase and BTA LSA biweekly. The contractor shall immediately dispose of cut grass from the MK Airbase and the BTA LSA in accordance with Romanian law, policies, and regulations. See attached map for required area. The anticipated grass-cutting season will end on approximately 31 October 2007.

Sidewalk cleaning (MK Airbase only): The contractor shall sweep and clean interlocking paving stone, wood decking, and panel sidewalks of dirt, mud, leaves, or other debris weekly. Contractor shall dispose of all materials from cleaning of MK Airbase in accordance with Romanian law, policies and regulations. See attached map for required area.

Grade gravel roads and pavements (MK Airbase and BTA LSA): Contractor shall grade gravel pads and roads to a four percent crown. All roads and gravel pads will be graded two times per month at a time and date coordinated with the COR.

Place and compact gravel: Contractor shall procure, deliver, install, and compact gravel to maintain existing roads and pads or new requirements. Contractor shall emplace approximately 250 cubic meters (m) of gravel at MK Airbase and 20 cubic meters at BTA once during the months of August, September, October, and November. Time and date of this service will be coordinated with the COR. Any additional requirements will be coordinated with the COR and the contracting office on a case-by-case basis.

Clean storm sewer inlets: (MK Airbase only) The contractor shall open and clean 140 storm sewer inlets of leaves and debris at a date and time directed by the COR.

Dust control: The contractor shall implement strict dust control measures to minimize the creation and dispersion of dust. Dust control will include application of water to control dust from roadways and other activities. Contractor shall apply clean water to gravel and un-surfaced roads.

Grass cutting in vicinity of airfield: Contractor will be required to maintain the grass in the vicinity of the airfield (see Attachment 1). Approximately 2,300,000 square meters must be maintained to a height between 7 and 14 inches (0.17m to 0.35m) to ensure an effective bird aircraft strike hazard program. At no time must the grass exceed the 14 inches (0.35m) in height. The contractor must ensure that grass heights stay within listed specifications. Mowing operations must be coordinated with the COR.

1.A. In addition to the roads indicated in the attached map, the contractor shall apply dust control measures to approximately 6.5 kilometers of dirt road linking BTA with the road between Ceamurlia de Jos and Lunca. The contractor shall provide clean water (free from salt), oil, and other deleterious material for onsite dust control. These control measures will generally consist of water applications as required to prevent dust emissions. Dust control will be accomplished as directed by the COR and consist of not less than 10 applications.

1.B. During the service period, unless otherwise specified herein, the contractor shall provide all supplies, personnel, equipment, tools, materials, supervision, and other items or services necessary for grounds and roads maintenance and related systems and equipment. No government-furnished equipment or government-furnished material will be provided.

1.C. Points of contact. The contractor shall provide an English-speaking point of contact (POC) within the company to interface with designated U.S. government personnel on issues concerning grounds and road maintenance. This contractor POC shall have an English language proficiency of Level II or higher. Names, business addresses, phone numbers, and hours of operation are the minimum information requirements. Arrangements for contacting the contractor's POC after normal business hours shall also be made. The POC must be available on a 24-hour basis including Saturdays, Sundays, and local and American holidays.

2.0 Definitions. Technical definitions that are specific to a PWS.

2.A. Acceptance inspection. Contractor POC will perform an inspection on grounds and road maintenance such as gravel, leveling, and grass cutting before accepting the work. This inspection shows the overall condition of the grounds and their capability to support military vehicles or equipment, mainly 17-ton Stryker vehicles (wheeled). Discrepancies will be fixed before occupation if use of the site would aggravate a problem or if the discrepancy creates a safety hazard.

2.B. Criminal act. This results from violating a civil law.

2.C. Damaged area. An area damaged or worn-out causing the inability to drive a vehicle.

2.D. Fair wear and tear. The deterioration of items attributed to normal use.

2.E. Scheduled maintenance. Periodic prescribed inspections or servicing of areas in the temporary forward operating site.

2.F. Unscheduled maintenance. Maintenance that is not scheduled but is required to correct deficiencies.

2.G. English language proficiency, Level II:

  • Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective. Speak the language with sufficient structural accuracy and vocabulary for effective participation in most formal and informal conversations on practical, social, and professional topics.
  • Reading: Able to read various materials on unfamiliar subjects within a normal range of speed and with almost complete comprehension; rarely misinterprets text. Comprehend a variety of styles and forms pertinent to professional needs.

3.0 Contractor Services.

3.A. Services. Contractor shall ensure personnel are properly trained in maintenance procedures and are prepared for the safe and efficient operation of grounds and roads maintenance equipment.

3.A.1. Insurance. The contractor shall comply with the Federal Acquisition Regulation clause that addresses this issue. See terms and conditions of this solicitation for applicable clauses and guidance.

3.A.2. Records. The contractor should maintain records of transactions with the U.S. government, and, upon request make such records available to properly designated CORs within a reasonable period of time.

3.A.4. Condition. Ensure equipment is properly operated and maintained.

3.A.5. Safety items. The equipment used for grounds maintenance must meet all of the safety requirements and laws required of the U.S. and the host nation government.

3. B. Services. The contractor shall provide the following services:

3.B.1. Joint inspection. The contractor shall perform a joint inspection with the U.S. government COR at the time of goods/services acceptance upon contract completion and at the appropriate sites.

3.B.1.A. Acceptance inspection. The contractor shall provide an inspection sheet written in English and in duplicate. The inspection sheet must be signed and dated by both the contractor and the COR as acknowledgment of the conditions of the grounds before the exercise. The contractor and the COR will retain a copy of the inspection sheet for use during joint inspections conducted at the end of the contract period.

3.B.1.B. Random inspections. The COR will inspect areas designated in this PWS periodically by conducting a random sample to ensure compliance with this PWS and all environmental and safety requirements. The COR will use the results of these inspections and customer feedback to determine contractor performance and take any necessary corrective action.

3.B.2. Maintenance. The contractor shall perform both scheduled and unscheduled maintenance. The contractor shall provide all parts, labor, supplies, materials, equipment, and expertise necessary to complete required maintenance tasks.

3.B.3. Hours of service. Grounds and roads maintenance service must be available from 0700-1900, seven days a week, including U.S. and local holidays. Exceptions shall be coordinated by the COR and negotiated and agreed to by the contracting officer (KO).

4.0 Quality Control Program.

4. A. The contractor shall institute and maintain a complete quality control (QC) program to ensure the requirements of this contract are provided as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the COR. At a minimum, the program shall include:

4.A.1. An inspection system covering all the services required with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections and the names of the individuals who will be performing the inspections. Provide a list of the QC inspectors to the COR.

4.A.2. A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or government inspectors point out the deficiencies.

4.A.3. A file for inspections conducted by the contractor and related corrective actions. This file should include follow-up documentation of inspections to ensure corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the COR and the KO during the term of the contract.

5.0 Quality Assurance Program.

5.A. The government shall evaluate the contractor's performance under this contract. All surveillance observations shall be recorded by the government. When an observation indicates deficient or defective performance, the COR shall request the contractor's representative initial the observation.

5.B. Government verification inspections of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

5.C. The contractor may be required to meet at least weekly with the COR during the first month of the contract. Meetings shall be as often as necessary thereafter as determined by the COR.

5.D. The contractor shall maintain a current list of employees. The list shall include the employee's name, government identification number, contact information, and residence information. The list shall be validated and signed by the contractor and provided to the COR. Updated lists shall be provided when an employee's status or information changes.

6.0 COR Duties and Responsibilities.

The contractor is required to attempt to resolve all questions or problems with the COR prior to contacting the KO. The COR cannot change the performance requirements of the contract; only the KO may alter the terms of this contract, make applicable agreements, or obligate U.S. government funds.

6.A. The COR shall be responsible for continuous observations of the contractor's performance under this contract. All observations of incomplete or defective performance or safety and health standards violations shall be recorded.

6.B. The COR shall issue written notices to the contractor and shall require the contractor to reply in writing to the COR within five workdays after receipt explaining reasons for the existing conditions and the corrective actions and procedures taken to prevent recurrence.

6.C. The COR will inspect and accept the goods/services performed by the contractor. Do not sign for any goods or services not received or not to standard.

6.D. Verify quantities and/or services on the vendor's invoice.

6.E. Escort vendors on MK Airbase and BTA LSA as required.

6.F. Inform the KO of any performance problems.

6.G. The U.S. Army Contracting Command Europe will appoint the COR for this contract.

7.0 Access Procedures.

7.A. Before access is permitted to any Romanian military site or installation, a 30-day access request notification is required for all civilian contractors. The list for base access shall be provided to the COR within five working days of notification of award.

7.B. The access request notification requires the last name and first name; passport or ID card number; date of birth and place of birth information; and vehicle type and license plate number, if any. The access list shall be delivered on paper and electronically in Microsoft Excel in the format determined by the COR.

7.C. All base access requests shall be made through the COR.

7.D. Failure to comply with these procedures will result in base access for contractor personnel being denied.

7.E. Failure to comply with additional access requirements or to meet the requirements is grounds for access denial of the contractor's personnel and, if necessary, termination of the contract for cause. Contractor personnel shall travel within MK Airbase and BTA only to locations necessary to perform contracted duties. No authority to use airbase or training area facilities or make purchases is included in this agreement. Contractors may be searched upon entry. Cell phones with a camera function and cameras are prohibited.

7.F. No contractor access requests made directly with the MK Airbase authorities will be honored.

8.0 Safety and Accident Prevention.

8.A. The contractor shall formulate and submit within 30 days after the conditional contract award date a written safety and health plan for acceptance by the government. The written plan shall include the details of the contractor's safety organization, responsibilities, method of program implementation, and how hazards and deficiencies shall be identified and corrected. It shall detail employees' responsibilities for protecting government property and the safety of others as well as reporting all accidents and reporting or correcting unsafe conditions, hazards, or practices. The plan shall also contain accident notification and reporting procedures. The contractor shall have a central English-speaking POC for safety and health related issues. The POC shall be identified in writing to the COR.

8.B. The contractor shall ensure employees have all required Romanian safety training when engaged in activities involving government facilities, personnel, or equipment. The proof of training (certificates) must be provided upon request.

8.C. The contractor shall immediately notify the COR and designated U.S. government safety officer of all accidents or incidents involving employee use of or damage or injury to facilities, equipment, or personnel. Contractor shall be notified upon award of safety officer POC and contact procedures.

8.D. The contractor shall require their personnel to wear safety shoes or boots according to Occupational Safety and Health Administration (OSHA) standard 1926, Subpart E, Personal Protective and Lifesaving Equipment.

8.E. Some classifications of work may require special protective clothing and the contractor shall be responsible for and provide all required personal protection equipment (respirators, hearing protection, eye protection, gloves, steel-toed safety shoes or boots, aprons, masks, face shields, coveralls, reflective vests, and hard hats) according to OSHA standard 1926, Subpart E, Personal Protective and Lifesaving Equipment.

9.0. Environmental Requirements.

9.A. The contractor shall comply with all local host national and U.S. federal environmental laws and regulations to include but not limited to the Resource Conservation and Recovery Act, Safe Water Drinking Act, the Clean Air Act, and Federal Facilities Compliance Act.

9.B. The contractor shall define proper procedures for the storage of hazardous materials conforming with good housekeeping practices. The use, handling, storage, and disposal of all toxic, hazardous, special, or radiological wastes or materials shall be according to all U.S. and local host national environmental regulations and procedures. Personnel shall be trained according to Romanian regulations on proper procedures to include spill response and clean up.

9.C. The contractor shall provide a complete environmental plan to assure compliance with all environmental statutes and regulations. A copy of the plan shall be provided to the COR at the pre-performance conference and as changes occur.

10. Authorization to Perform.

The contractor, in entering this agreement, affirms that all necessary licenses, permits, and qualifications necessary to perform this contract were or will be met before performance begins. All taxes and fees associated with conducting business in Romania are the responsibility of the contractor. The contractor must conform to all Romanian labor laws, safety, environmental compliance, practices, and requirements unless otherwise informed in writing by the KO.

11.0 Contractor Liability.

11.A. The contractor shall be liable for and shall indemnify and hold harmless the government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the contractor, its agents, or employees. If applicable, host nation or local government laws limit the obligation to indemnify and hold the U.S. government harmless in any manner; the obligation to indemnify and hold the U.S. government harmless shall apply to the fullest extent possible.

11.B. Fault, negligence, or wrongful act or omission of the contractor, its agents, or employees includes but is not limited to any tortious act or omission; willful misconduct; failure to comply with host nation, U.S. federal, or local governmental requirements; libel, slander, or other defamatory or disparaging statement in any written deliverable required under the contract; or any false or negligent statement or omission made by contractor in its proposal to the U.S. government.

11.C. When loss or damage is caused by the negligence of the contractor, the liability is for the full cost of satisfactory repair or for the current replacement value of the article.

11.D. The contractor shall give prompt notice to the U.S. government upon learning of the assertion of any claim or the commencement of any action or proceeding in respect of which a claim under this paragraph may be sought and must specify the facts pertaining thereto and an estimate of the amount of the liability arising there from.

11.E. Liability of the contractor shall survive the termination, expiration, or completion of performance under this contract.

11.F. The government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by or the action of the contractor or the contractor's employees and agents in performing under this contract. The government shall be indemnified and held harmless against claims for damage or injury in such cases.


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