Combined synopsis solicitation W911SF-20-R-1001 20200310.pdf

Combined synopsis/solicitation for Strategic Sustainability and Energy Conservation Support.

IAW FAR 5.207, the following applicable synopsis items are as follows:

Date: Solicitation posted March 10, 2020 – March 25, 2020 Year: FY20 Contracting Office Zip Code: 31905 Service Code: F115

NAICS: 541620

Small Business Size Standard: $16.5M Contracting Office Address: 6650 Meloy Drive, Building 6, Fort Benning, GA 31905 Subject: Strategic Sustainability Support Services Proposed Solicitation Number: W911SF-20-R-1001 Closing Response Date: March 25, 2020 at 11:59 PM EST Questions due date: March 13, 2020 at 1:00 PM EST Contact Point: Crystal Provencher, Contract Specialist, Crystal.L.Provencher.civ@mail.mil (706) 545-5428 Description: This is a non-personal services contract to provide strategic sustainability and energy conservation support to Fort Benning. This contract includes updating the existing Installation Sustainability Strategic Plan, incorporating the IMCOM 2025 and Beyond Campaign Plan, participate in community sustainability efforts, and coordinate Environmental Quality Control Committee meetings. See PWS section 5 for details.

Place of Contract Performance: Fort Benning, GA Set-Aside Status: 100% Small Business Set-Aside

IAW FAR 12.603, Streamlined Solicitation for Commercial Items:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is W911SF-20-R-1001 and the solicitation is issued a Request for Proposal (RFP).

(Iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03.

(iv) This is 100% small business set-aside, NAICS code 541620, small business size standard $16.5M.

(v) Contract Line Items (CLIN) to put in the proposal:

Base Year – CLIN 0001: Strategic Sustainability Support Quantity: 12 Unit: Month Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 12 months

CLIN 0002: Contract Manpower Reporting Quantity: 1 Unit: Each Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 1

Option Year 1 -

CLIN 1001: Strategic Sustainability Support Quantity: 12 Unit: Month Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 12 months

CLIN 1002: Contract Manpower Reporting Quantity: 1 Unit: Each Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 1

Option Year 2 - CLIN 2001: Strategic Sustainability Support Quantity: 12 Unit: Month Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 12 months

CLIN 2002: Contract Manpower Reporting Quantity: 1 Unit: Each Unit Price: CONTRACTOR ADDS THEIR PRICE HERE Amount: CONTRACTOR PRICE x 1

(vi) Description: This is a non-personal services contract to provide strategic sustainability and energy conservation support to Fort Benning. This contract includes updating the existing Installation Sustainability Strategic Plan, incorporating the IMCOM 20205 and Beyond Campaign Plan, participate in community sustainability efforts, and coordinate Environmental Quality Control Committee meetings. See PWS section 5 for details.

(vii) Dates and Places of Performance:

Base Year: 1MAY20 – 30APR21 Option Year 1: 1MAY21 – 30APR22 Option Year 2: 1MAY22 – 30APR23 Place of Performance: Fort Benning, GA

(viii) Provision FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

(ix) FAR 52.212-2, Evaluation – Commercial Items, is applicable.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers: Mission Capability (Technical Acceptability); Past Performance;

and Price.

To demonstrate Mission Capability of tasks specified in the PWS paragraph 5, include the following in your proposal:

- Provide a copy of your LEED certification.

Section L: Instruction to Offeror Factor 1: Technical Acceptability, Subfactor 1: Strategic Planning Initiatives The offerors shall describe experience developing strategies and solutions for strategic planning initiatives that support current sustainability / environmental programs and long-term sustainability goals IAW regulations, policies, and initiatives. This includes the development, update, and implementation of a strategic sustainability plan or equivalent.

Factor 1: Technical Acceptability, Subfactor 2: Community Initiatives The offeror shall illustrate the successful coordination and facilitation of community sustainability efforts, to include regional conferences and initiatives on a large-scale for participation by various stakeholders with competing interests.

Factor 1: Technical Acceptability, Subfactor 3: Cost Analysis The offeror shall provide a written illustration of past project analyses to include cost-benefit and green development approaches in support of construction activities that comply with current sustainable design standards.

Factor 1: Technical Acceptability, Subfactor 4: Energy Audits The offeror shall demonstrate their ability to perform monitoring and assessments that supports energy conservation and sustainability. Provide a written illustration of no more than three (3) successful projects where offerors conducted energy efficiency audits on facilities of varying size and complexity, and subsequently used the resulting data in formulating recommendations for optimal integration of emerging technologies.

Factor 1: Technical Acceptability, Subfactor 5: Senior Leadership Engagement The offeror shall demonstrate their ability to engage senior leadership by providing a written illustration of a recent successful experience with briefing senior installation and regional leaders to focus efforts on sustainability planning, efforts, and energy conservation.

Factor 2: Past Performance The Offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it relates to the services being procured under this solicitation.

Section M: Evaluation Criteria Factor 1: Technical Acceptability, Subfactor 1: Strategic Planning Initiatives The Government will evaluate the offeror’s planning experience approach and actual methodology it will use to perform all activities identified in the SOW. The approach shall demonstrate as efficiently and effectively as possible a clear understanding of the nature and scope of all activities in the SOW.

Factor 1: Technical Acceptability, Subfactor 2: Community Initiatives The Government will evaluate whether the offeror demonstrates the ability to successfully coordinate and facilitate community sustainability efforts with the size and scope found at Fort Benning.

Factor 1: Technical Acceptability, Subfactor 3: Cost Analysis The Government will evaluate whether the offeror has successfully demonstrated their expertise in analyzing construction projects for cost-beneficial, green development approaches.

Factor 1: Technical Acceptability, Subfactor 4: Energy Audits The Government will evaluate whether the projects illustrated demonstrate a sound understanding and expertise in evaluating emerging technologies for use at facilities of varying size and complexity.

Factor 1: Technical Acceptability, Subfactor 5: Senior Leadership Engagement The Government will evaluate whether the offeror successfully demonstrated the needed skillset to engage senior installation and regional leaders on sustainability planning efforts and energy conservation.

Factor 2: Past Performance The Government will evaluate the offeror’s recent and relevant past performance to determine how well the contractor performed on the referenced contracts and to assess the offeror’s probability of performing the solicitation’s requirements. Past performance is assessed at the factor level after evaluating aspects of the offeror’s recent past performance that is relevant to the services being procured under this solicitation. Offerors are cautioned that in conducting the performance risk assessment, the Government may use data provided in the offeror’s proposal and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; and may be obtained from other sources available to the Government, and interviews with Program Managers, Contracting Officers, Fee Determining Officials and/or State Department Watch Lists. The team will use information determined to be recent and relevant to determine how well the contractor performed on the referenced contracts. Past performance areas of evaluation include:

• Business Relations

• Quality of Service

• Schedule

• Customer Satisfaction

• Compliance with Socio-Economic Goals

Award is determined on lowest price technically acceptable. Technical Acceptability is the most important factor, followed by Past Performance, and finally Price. Proposals will be evaluated for technical acceptability; award will be made on Lowest Price Technically Acceptable. The Government intends to evaluate proposals and make award without discussions. The wage determination for this resulting contract is Wage Determination 2015-4527 dated July 25, 2019 for Muscogee and Chattahoochee Counties, GA. Invoicing will be in accordance with FAR Clause 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract when both the Government Contracting Officer and the Contractor sign the document. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) Please include a completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with your offer.

(xi) FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(xii) FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. Additional FAR clauses cited in the clause applicable to the acquisition:

FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.222-50 Combating Trafficking in Persons FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.219-1 Alt 1 Small Business Program Representations FAR 52.219-6 Deviation Clause 2019 – O0003 Notice of Total Small Business Set-Aside FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-35 Equal Opportunity for Veterans FAR 52.222-37 Employment Reports on Veterans FAR 52.203-6 Restrictions on Subcontractor Sales to the Government FAR 52.219-8 Utilization of Small Business Concerns FAR 52.219-14 Deviation Clause 2019 – O0003 Limitations on Subcontracting FAR 52.219-28 Post-Award Small Business Program Representation

Other clauses:

FAR 52.217-8 Option to Extend Services: The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to Extend the Term of the Contract:

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years 6 months.

DFARS 252.201-7000 Contracting Officer’s Representative:

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(xiii) There are no contract financing arrangements or warranty requirements determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

(xiv) This contract is commercial and therefore not rated under the Defense Priorities and Allocations System

(DPAS).

(xv) The date, time and place offers are due.

Offers are due no later than February 1, 2020, 11:59 PM EST, by email to Crystal.L.Provencher.civ@mail.mil.

Questions must be submitted no later than 1:00 PM EST, January 9, 2020.

(xvi) The name and telephone number of the individual to contact for information regarding the solicitation.

mailto:Crystal.L.Provencher.civ@mail.mil

Crystal Provencher, Contract Specialist Crystal.L.Provencher.civ@mail.mil

(706) 545-5428 mailto:Crystal.L.Provencher.civ@mail.mil

PERFORMANCE WORK STATEMENT (PWS)

Strategic Sustainability and Energy Conservation Support Business Operations & Integration Office, Directorate of Public Works

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide strategic sustainability and energy conservation support to Fort Benning. 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, transportation, supervision, and other items and personal services necessary to perform work and will provide strategic sustainability and energy conservation support as defined in this Performance Work Statement (PWS), section 5 except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The Army is a leader in sustainability within the Federal Government and its journey started in 2004 when senior leaders voiced concerns over factors that were increasingly impacting their ability to train units. Today’s Integrated Strategic Sustainability Planning (ISSP) support is in concurrence with Fort Benning’s Senior Commands, specifically Installation Management Command’s performance directive of Garrison functions in support of mission, sustainable energy and environmental investment strategy for the long-term. The ISSP support will accomplish several important functions. First, assist in the development of long range goals, objectives, and actions that support sustainable installation development and operations. Second, by engaging a broad group of stakeholders, it fosters installation-wide ownership of the strategic plan’s goals, objectives, and actions. Finally, engaging local community stakeholders to better understand mutual needs; strengthen existing relationships; and encourage support from community partners. The ISSP support will build a roadmap for long-term change that enables and enhances installation readiness. It promotes development of a sustainable community, both inside and outside the fence line, and protects resources to ensure their availability for current and future missions. Fort Benning continues to transform to meet the Army's changing needs and reduced resources. As such, the resources to sustain the mission and the environment must be managed using sustainability planning procedures and integration with local and regional planning. The installation has conducted goal setting workshops and planning sessions to help move toward an even more sustainable and vibrant installation. To help meet the installation’s sustainability goals, Net Zero Objectives, Public-Public Policies (Installation-Support Services: Intergovernmental Services Agreement), energy goal requirements and environmental compliance requirements, Fort Benning has identified the need for strategic sustainability and energy conservation support.

1.3 Objectives: Contractor will provide strategic sustainability and energy conservation support in the development of a long term sustainability program. It will also assist the installation in implementing extensive sustainability initiatives and assist with the renewable energy requirements.

1.4 Scope: Contractor will provide support to Fort Benning Garrison Commander’s Office and Directorate of

Public Works including additional technical support to the installation tenants units when needed.

1.5 Period of Performance: The period of performance shall be one Base Year of 12 months, and two (2) 12 month option years. The Period of Performance reads as follows:

Base Year 1 January 2020 – 31 December 2021 Option Year I 1 January 2021 – 31 December 2022 Option Year II 1 January 2022 – 31 December 2023

1.6 General Information

1.6.1 Federal Observed Holidays: The contractor is not required to perform work on Federal Holidays

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

1.6.2 Hours of Operation: The Contractor is responsible for conducting business between the hours of 7:30am and 4:00pm 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.

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.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at Fort Benning United States Army Garrison Commander’s Office.

1.6.4 Quality Control Program (QCP): The Contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP must be forwarded to and accepted by the KO. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. After acceptance of the QCP the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QCP.

1.6.5 Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.6 Type of Contract: The Government will award a Firm Fixed Price Contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a favorable

National Agency Check (NAC) at time of the contract start date, and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached DD254.

1.6.7.1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or the contracting officer, if a COR is not assigned within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil. AT level I training is an annual requirement if option years are exercised.

1.6.7.2 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government https://jkodirect.jten.mil/ representative). The contractor shall also 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. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes

1.6.7.2.1 For contractors requiring Common Access Card (CAC): Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.6.7.3 Physical Security: The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.4 iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activityAuthority to Operate (ATO)).

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.7.5 Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems: All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the Information System (IS) and then annually thereafter.

1.6.7.6 OPSEC Standing Operating Procedure/Plan: The contractor shall adhere to the Government's Operations Security (OPSEC) Standard Operating Procedure (SOP)/Plan during the entire period of performance.

1.6.7.7 Operation Security (OPSEC) training: In accordance with AR 530-1 all personnel, to include contractor employees and associated sub-contractor employees must complete Level I Operations Security (OPSEC) training which is composed of both initial and continual awareness training (annually). All personnel within the first 30 days of arrival in the organization must receive initial training to include a briefing on the organizations critical information read/sign the OPSEC Individual User Compliance Agreement form. The end state of initial and continual awareness training is that each individual should have the requisite knowledge to safeguard critical information.

1.6.7.8 For information assurance (IA)/information technology (IT) training: All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions.

1.6.8 Conservation of Utilities: 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 includes turning off the water faucets or valves after using the required amount to accomplish the necessary cleaning.

1.6.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office. These procedures are identified in FAR 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 shall apprise the government of any problems experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer’s Representative (COR): The COR for this contract is the Whitney Ray, located at 6650 Meloy Drive BLDG 6 Suite 320S, Fort Benning, GA, 31905. The COR shall monitor all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure 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, monitor contractor’s performance and notify both the Contracting Officer and contractor of any deficiencies; coordinate availability of government-furnished property; and provide site-entry for contractor personnel. A letter of designation will be issued to the COR, a copy of which will be sent to the contractor detailing the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the contract.

1.6.11 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 is required to produce installation access identification upon proper government authority request.

1.6.12 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the

Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S.C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the US Army Facilities.

1.6.13 Telephone Usage: Contractor employees shall not use Government telephones at the work site for personal reasons or make any toll or long distance calls.

1.6.14 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 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.

1.6.15 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 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, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.6.16 Phase In/Phase Out: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have key personnel on board, during the thirty (30) day phase in/ phase out periods. The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in and phase-out services for up to 10 months after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out services required.

The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in and phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

1.6.17 Emergency Services: The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

1.6.17.1 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.7 BACKGROUND CHECK REQUIREMENTS: Contractor/Sub-Contractor employees providing services under contracts are subject to the following process:

1.7.1 Each employee (direct employee and sub-contractor employee) working under this contract who has contact with children under 18 years of age, shall be screened with the appropriate background checks as governed by the Army Directive 2014-23 “Conduct of Screening and

Background Checks For Individuals Who Have Regular Contact With Children in Army Programs”, dated 10 September 2014. A copy of the Army Directive can be found at http://www.apd.army.mil/pdffiles/ad2014_23.pdf. The background check requirements for Contractors can be found in Enclosure 3 – Screening and background checks for appropriated and non-appropriated fund personnel, military personnel, foreign national employees overseas, and contractors.

1.7.2 Background checks will be initiated and paid for by the Government. The cost for the pre-employment screening is the responsibility of the Contractor. The Commander Designated Entity

(CDE) at the Installation supports IMCOM by coordinating, submitting, tracking child related background checks, and reviewing and compiling the results to identify whether they contain derogatory information to be passed on for a suitability determination. The CDE will advise and assist CONTRACTOR and sub- CONTRACTOR employees completing all required documents required for the background check process. CDE contact information will be provided upon contract award.

1.7.3 The following is a list of the required screenings per the Army Directive 2014-23.

http://www.apd.army.mil/pdffiles/ad2014_23.pdf http://www.apd.army.mil/pdffiles/ad2014_23.pdf

1.7.3(a) REGULAR/RECURRING contact with children:

Definition: Contact with children more than an average of one (1) day a week for three (3) or more months OR daily for a period of one (1) month or longer.

Required screening:

Pre-employment screening: 1) Application, 2) Interview, 3) Reference check, 4) Statement of Previous Arrest or Charge, 5) Assessment of individual’s eligibility, qualifications, temperament and suitability for work with children, 6) Tentative offer of employment (Proponent: Contractor is responsible organization);

Preliminary investigation: 1) Installation Record Check (if applicable), 2) FBI Fingerprint check, and

3) Local Civilian Law Enforcement Check (Proponent: Government/Commander Designated Entity is responsible organization);

CNACI – Child Care National Agency Check and Inquiries (Proponent: Government/Commander Designated Entity is responsible organization).

The CNACI will be initiated after successful completion of the preliminary investigation (1.3(a)(ii)). If deemed appropriate by the local Garrison Commander, a contractor can start working under Line Of Sight Supervision (LOSS) after successfully completing the preliminary investigation (1.3(a)(ii). If LOSS is not feasible, favorable CNACI (1.3(a)(iii) results are required BEFORE the contractor can start working under this contract.

1.7.3(b) SHORT TERM/OCCASIONAL contact with children:

Definition: Contact with children that does not fall under the definition of Regular/Recurring contact. Required screening:

Pre-employment screening: 1) Application, 2) Interview, 3) Reference check, 4) Statement of Previous Arrest or Charge, 5) Assessment of individual’s eligibility, qualifications, temperament and suitability for work with children, 6) Tentative offer of employment (Proponent: Contractor is responsible organization);

Preliminary investigation: 1) Installation Record Check (if applicable), 2) FBI Fingerprint check, and

3) Local Civilian Law Enforcement Check (Proponent: Government/Commander Designated Entity is responsible organization);

An employee must successfully complete the required screening (1.3(b)(i) and (ii) BEFORE working under this contract

1.7.4 No person, regardless of circumstances, will be approved to provide child care services if the individual has been convicted of a sexual offense, a drug felony, a violent crime or a criminal offense involving a child. If the background check investigation reveals any other derogatory information a suitability determination has to be made by the Army. The adjudication of derogatory information is processed through an Army Program

Review Board (PRB). Further details about the adjudication process can be found in Enclosure 6 of the AD 2014-23. At any time a Contractor can decide not to proceed with the PRB process.

1.7.5 Additional information on the background check process can be found at:

http://www.opm.gov/investigations/background-investigations.

Re-verification (IRC and FBI fingerprint check) is required every 5 years.

http://www.opm.gov/investigations/background-investigations http://www.opm.gov/investigations/background-investigations

1.8 Contractor Manpower Reporting: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub- Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub- Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2 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.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

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

2.1.5 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.

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

Performance Work Statement.

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

2.1.8 Equipment A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11 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. The prime contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the

Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

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

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.25 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privities of contract with the subcontractor.

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF):A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

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

2.1.29 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation ATO Authority to Operate CAP Contractor Acquired Property CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense DPW Directorate of Public Works FAR Federal Acquisition Regulation GFP Government-Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 IS Information…