DEFINITIONS AND ACRONYMS:
PERFORMANCE WORK STATEMENT (PWS)Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)*Note that this sample has been revised from the source document on the Government Point of Entry as necessary to align formatting and applicable FAR procedures.* GENERAL: This is a non-personnel services requirement to provide Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP). 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.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 Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP) 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.Background: The Directorate of Enforcement Programs (DEP) is the office within the Occupational Safety and Health Administration (OSHA). DEP supports OSHA's mission of enforcing occupational safety and health (S&H) regulations and standards. Through policy vehicles such as directives, instructions, and interpretations, DEP provides guidance to its field personnel (i.e., compliance safety and health officers (CSHOs)) on fair and consistent enforcement of OSHA regulations and standards, and for employers on their expectation to comply with OSHAs regulations and standards. DEP provides enforcement policy and compliance guidance in the areas of general industry (1910), maritime (1915, 1917, 1918), agriculture (1928), health hazards (e.g., noise, silica) in construction (1926), and federal agencies (1960). DEP also provides guidance on the application of the general duty clause, Section 5(a)(1) of the OSH Act. DEP also monitors inspection data and statistics to identify trends in all industries.DEP works closely with other OSHA Directorates (e.g., Standards and Guidance, Construction) in the development of new information and ways of protecting workers from safety and health hazards. This includes the responsibility for all work including but not limited to providing expert witnesses and testimony before the legal systems, providing enforcement guidance through letters of interpretation (LOI), directives, responding to occupational safety and health inquiries (via e-Correspondence and 800 line). The occupational safety and health subject matter experts and consultants will assist OSHA in its enforcement cases in litigation including but not limited to review case files, on-site visits, report writing, and testimony. All work will involve OSHA standards, regulations, and its policies across the broad spectrum of its mission.Expert witness and enforcement-related compliance assistance material may be developed, reviewed, posted and/or delivered on a wide range of safety and health topics, and may be presented in many different forms (e.g. HTML), including written documents, online materials, audiovisual materials, and on-line.DEP Program Offices:The Directorate is divided into five program offices that are responsible to plan, develop, implement, administer, and monitor a comprehensive enforcement program. These offices are:Office of General Industry and Agricultural Enforcement (OGIAE) [29 CFR Parts 1910 and 1928]Office of Chemical Process Safety and Enforcement Initiatives (OCPSEI) [29 CFR 1910.119]Office of Health Enforcement (OHE) [29 CFR Parts 1910, 1915, and portions of 1926]Office of Maritime Enforcement (OME) [29 CFR Parts 1915, 1917, 1918, and 1919]28829001651002882900165100Office of Federal Agency Programs (OFAP) [29 CFR Part 1960]DEP also serves as the principal source for interaction with the OSHA ten (10) regional offices. Additional Directorate staff members provide enforcement guidance and administrative support to the director, program, other OSHA Directive offices (e.g., Standards and Guidance, Construction).Objectives: The work will include but not be limited to occupational safety and health experts to testify, provide supporting documentation, and consultants to respond to contested cases of OSHA occupational safety and health enforcement inspections. Provide occupational safety and health expertise, data, and its sources to defend selected OSHA standards, regulations, and its policies.Assist the Directorate with litigation support work with expert testimony to include but not limited to review of OSHA case files, on-site visits, written reports, development of enforcement-related litigation support material (e.g., models, drawings), review engineering reports, special monitoring and analysis, and records reviews, related to the occupational safety and health enforcement and testimony process.Provide occupational safety and health subject SMEs for enforcement-related compliance assistance in the development, review, etc. of occupational safety and health products (e.g., reports, compliance directives, policy memoranda) for the enforcement of safety and health topics. The deliverables include but not limited to directives, fact sheets, inquiries, and policy memoranda.Scope: The contractor shall assist OSHA with obtaining occupational safety and health experts (subject matter experts) to serve as expert witnesses that will significantly improve OSHA’s litigation efforts in carrying out its statutory responsibilities in the areas of occupational safety and health enforcement. In addition, the contractor will provide support in the development and review of enforcement-related compliance assistance products and materials, as well as public and private inquiries on OSHA standards, regulations, and its policies.The contractor must have occupational safety and health professionals as a part of their workforce or immediately available for consultation. The occupational safety and health professionals’ expertise shall be demonstrated by education, experience, certification, etc., and they must understand U.S. Department of Labor/OSHA standards, regulations, and its policies.Confidential nature of both expert witness and enforcement-related compliance assistance work is considered high, but there is no requirement to have a security clearance.No Government property is being furnished for this procurement. The Government will not provide space for an on-site Project Manager. Services include Expert Witnesses and Enforcement-Related Compliance Assistance. The contractor shall accomplish expert testimony, provide supporting documentation, and consultants to respond to contested cases of OSHA occupational safety and health enforcement inspections. Provide occupational safety and health expertise, data, and its sources to defend selected OSHA standards, regulations, and its policies.Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance is as follows:Base Year:December 24, 2018 through December 23, 2019Option Year I:December 24, 2019 through December 23, 2020Option Year II:December 24, 2020 through December 23, 2021Option Year III:December 24, 2021 through December 23, 2022Option Year IV:December 24, 2022 through December 23, 2023General InformationQuality Control: 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 they assure that work complies with the requirements of the contract. The QCP is to be delivered within 30 days after contract award. A copy of a comprehensive written QCP shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the QCP the contractor shall receive the COR’s acceptance in writing of any proposed change to their QC system.Recognized Holidays:New Year’s DayLabor DayMartin Luther King Jr.’s BirthdayColumbus Day President’s DayVeteran’s DayMemorial DayThanksgiving DayIndependence DayChristmas DayHours of Operation: The Contractor is responsible for conducting business between the hours of 9:00 a.m. to 5:00 p.m. Eastern time Monday through Friday except Federal holidays or 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.Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility.Type of Contract: The Government anticipates a Blanket Purchase Agreement (BPA) with fixed hourly rates throughout the BPA’s overall period of performance.Security Requirements: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor’s use. At the close of each work period, Government facilities, equipment, and materials shall be secured.Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor’s use. At the close of each work period, government facilities, equipment, and materials shall be secured.Key or Passcode Control: If applicable, the Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.When the replacement of locks or re-keying is performed by the Government, the total cost of re- keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.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 (FAR) 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.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.Key Personnel: The following personnel are considered key personnel by the Government:The titles of the key personnel will be added at the task order level.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.Contractor Travel: Contractor will be required to travel CONUS during the performance of this contract to attend meetings. Contractor will be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR) and the limitation of funds specified in this contract. All travel requires Government pre-approval/authorization and notification to the COR.Other Direct Costs: This category includes travel, reproduction, and applicable shipping expenses associated with the required work to be provided and reimbursed under the Contractor’s Order Level Materials (OLM) Special Item Number (SIN). Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials to include the source codes of any software, 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 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 anizational 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.The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.Privacy: Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this contract are required to take proper precautions to protect information from disclosure. In addition, sensitive or confidential case file information or data may be redacted to maintain attorney client, deliberative process, and/or work product privileges.Ownership: All products and deliverables developed under this PWS are the property of the U.S. Government, and mitment to Protect Sensitive Information: The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records). In addition, sensitive or confidential case file information or data may be redacted to maintain attorney client, deliberative process, and/or work product privileges.DEFINITIONS AND ACRONYMS:DEFINITIONS: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.CONTRACTING OFFICER. 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.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.DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.DELIVERABLE. Anything that can be physically delivered, but may include non- manufactured things such as meeting minutes or reports.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.PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.SUBCONTRACTOR. 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.2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.ACRONYMS:CFRCode of Federal RegulationsCONUSContinental United States (excludes Alaska and Hawaii) COContracting OfficerCORContracting Officer’s RepresentativeDEPDirectorate of Enforcement ProgramsDOLU.S. Department of LaborFARFederal Acquisition RegulationFYFiscal Year (October 1)OSHAOccupational Safety and Health AdministrationPDFPortable Document FormatPIPOPhase In/Phase OutPOCPoint of ContactPOPPeriod of PerformancePWSPerformance Work StatementQAQuality AssuranceQASPQuality Assurance Surveillance PlanQCQuality ControlTETechnical ExhibitUSUnited StatesPART 3GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICESGOVERNMENT FURNISHED ITEMS AND SERVICES:3.1. Materials: The Government will provide any necessary standard operating procedures and policies necessary to meet the tasks outlined in this PWS.PART 4CONTRACTOR FURNISHED ITEMS AND SERVICESCONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: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.PART 5 SPECIFIC TASKSSpecific Tasks:Expert Witness: The contractor shall:Provide expert witness subject matter experts in subjects relevant to OSHA enforcement.Make contact with potential expert witness subject matter experts within 3 business days.Obtain signed non-disclosure agreement (NDA) for each litigated case from each expert witness subject matter expert (and provided to regional representatives).Develop and maintain an occupational safety and health expert witness database.Obtain occupational safety and health SME skills and knowledge (e.g., bios) of the OSHA standards, regulations, and its policies that are being defended.Provide expert witnesses to appear and testify/present information as needed to include but not limited to litigation hearings and other meetings related to the enforcement of OSHA standards, regulations, and its policies.Perform literature searches as needed to support testimony in support of pare observed health effects, injury and illness data, and industrial hygiene and safety practices among several industry sectors in order to help support OSHA’s standards, regulations, and its policies.Enforcement-Related Compliance Assistance:Develop and/or review enforcement-related compliance assistance projects (e.g., reports, compliance directives, policy memoranda, inquiries).Providing support work such as but not limited to presentation slides, WebEx, and graphics support OSHA’s assigned tasks and projects.Review/evaluate studies by OSHA or other occupational safety and health SMEs.Retrieve and provide copies of identified literature relevant to specific enforcement standards, regulations, and policies.Summarize literature on occupational safety and health specific topics.5.3 DELIVERABLES SCHEDULEDELIVERABLEFREQUENCY# OF COPIESMEDIUM/FORMATSUBMIT TOObtain use of occupational safety and health Expert Witnesses/SME.TBD, as needed/make contact with potential experts within threeworking days.N/AN/AINFORM COR/PROGRAM MANAGERDevelop andmaintain an expert witness database.TBD, as neededN/AElectronic fileCOR/Program ManagerMonthly report of occupational safety and health expert witness/SMEprojects.7th workday of the following month.N/AElectronic fileCOR/Program ManagerBi-weekly occupational safety and health expert witness/SME projects report toregional representatives.1st and 15th workday of the month.N/AElectronic fileCOR/Program ManagerEnforcement-Related Compliance Assistance:DELIVERABLEFREQUENCY# OF COPIESMEDIUM/FORMATSUBMIT TOObtain use of occupational safety and health Expert Witnesses/SMEs.TBD, as needed/make contact with potentialexperts within three working days.N/AN/AINFORM COR/PROGRAM MANAGEREnforcement-related compliance assistance/ special products (e.g., reports, compliance directives, policy memoranda,inquiries).TBD, as neededN/AElectronic fileCOR/PROGRAM MANAGERMonthly report of occupational safety and health SMEwork.7th workday of the following monthN/AElectronic fileCOR/PROGRAM MANAGER ................
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