DRAFT PWS - W9124721Q0002 (Fort Bragg Pressure Washing).docx

PERFORMANCE WORK STATEMENT (PWS)

External Facility and Structure Pressure Washing and Sandblasting

PART I

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide pressure washing and sandblasting services at Fort Bragg on various vertical buildings and structures. 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform pressure washing services and sandblasting, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: Tanks, bridges and buildings requiring pressure washing and sandblasting services are located on Fort Bragg, Pope AFB, Camp MacKall, Simmons Army Airfield and Linden Oaks Subdivision, North Carolina.

1.3. Objectives: Perform pressure washing and sandblasting services according to manufacturer’s recommendations and regulations set forth in this PWS, in order to provide the government with added years of life to the surface of facilities, bridges and tanks by removing embedded oils, gum, dirt, paint, graffiti and other soils from exteriors at the best price for the government.

1.4. Scope: The Contractor shall furnish all personnel, tools, transportation, equipment, supervision and any other items necessary to perform all operations in connection with the pressure washing services at an estimation of 4,000 square feet per building or structure 2 and below and 8,000 square feet per building or structure 3 story and above, which includes but is not limited to the following: high visual Headquarter buildings, Child Development Centers (CDCs), bridges and stationary tanks. These services will be provided on Fort Bragg, Pope AFB, Camp MacKall, Simmons Army Airfield, and Linden Oaks Sub-division, North Carolina as defined in this contract, and in accordance with all other terms, conditions and provisions contained herein.

1.5. Period of Performance: The Period of Performance (PoP) shall be for a (12) month base period and four (4), 12-month option periods.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.212-4 (a) Inspection/Acceptance).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. A copy of the Quality Control (QC) Plan shall be provided to the Contracting Officer (KO) and Contracting Officer’s Representative (COR), for review and approval as to acceptability, at the beginning of the performance period and shall be updated thereafter as approved changes occur. The Contractor is responsible for all corrections as determined to be necessary by the Government.

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The Quality Control Plan (QCP) shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback and/or complaints.

1.6.1.1.2. The Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Changes in the QC Plan shall be initiated by the Contractor as the need for changes are perceived; changes in the QC Plan may also be initiated by the Government. The Contractor shall provide a copy of proposed changes to the KO and COR within (10) working days after the changes have been identified. The changes shall be implemented within (5) working days after submittal to the KO and COR, unless the KO delays or denies implementation of any required changes. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.2. Contractor Discrepancy Report (CDR): If a Government or Contractor employee observes a defect which can be construed as intentional and/or Grossly Negligent defective performance, such employee shall report the defect, through appropriate channels, to the KO for a determination. Utilizing sound discretion, the KO may make a unilateral determination that a defect reported as an intentional and/or Grossly Negligent performance defect is an unintentional performance defect. When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.1.2.1 If, however, the KO determines that there is a reasonable basis for determining intentional and/or Grossly Negligent defective performance, a CDR will be prepared and forwarded to the Contractor's Project Manager. In that case, the criteria for rejecting or accepting performance will be the facts as given to the KO by the person(s) reporting the defect and the facts as contained in the Contractor's response to the CDR; together with such other facts, records, or reports which may be pertinent or relevant to a determination of whether to accept or reject performance. Acceptable Quality Levels (AQLs) normally assigned to the task will not be applied in determining whether to accept or reject.

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR 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). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of Property Management in accordance with (IAW) FAR clause 52.245-1 Government Property.

1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:00 PM. 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 shall 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedule may be considered.

1.6.5. Place of Performance: PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at Fort Bragg, NC.

1.6.6. Security Requirements: Fort Bragg is a closed post with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor personnel, and their personal property shall be subject to searches upon entering or leaving the Installation. The search and seizure provisions of AR 190-22 shall apply to Contractor personnel entering or leaving Fort Bragg or activities/installations in the Fort Bragg area of responsibility which require access by Contractor personnel in performance of this contract. The Contractor should be aware that force protection awareness requirements and installation closure exercises are increasing and installation access is restrictive.

1.6.6.1. Automated Installation Entry (AIE): Contractor personnel shall gain access to Fort Bragg through the Posts Automated Installation Entry (AIE) Badge system. To register and receive an AIE access control badge, the contractor must complete and submit the Directorate of Emergency Services (DES) Form 118 to the COR. Once submitted a NCIC (National Crime Information Center) Level III background check will be completed on each employee requesting access. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to Fort Bragg. All contractor personnel shall be U.S. citizens and legal to work in the United States. Contractor personnel performing work under this contract shall be escorted by Government personnel at restricted areas. The Contractor shall provide at the Post Award Conference a list of all personnel requiring access to any facility or building. The list shall include the employee’s full name and social security number. The Contractor shall provide the COR with a list of Contractor personnel requiring entry into restricted areas no less than (3) calendar days thereafter. It shall be the sole responsibility of the Contractor to update the list as changes occur, or as requested by the COR and to provide the updated list no later than 24-hours after the change is determined. The application form (DES Form 118) for access cases are located on the Fort Bragg Provost Marshal webpage under the Installation Access Control tab. Sponsorship is required for all non-DOD affiliated persons. The applications (DES Form 118) will be turned into the All American Visitor Control Center (VCC) for processing and approval.

1.6.6.2. The Contractor shall immediately report any lost CAC or Government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other Government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other Government issued forms of identification shall be returned to the COR within (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.6.6.3. (1) In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the Trusted Agent (TA) who will ensure CAC permissions are revoked the same day. In various instances a contractor employee may not be on task (working) due to furloughs, suspensions pending the outcome of an investigation, or the contract reaches the end of the period of performance (PoP) and renewal is anticipated but not yet complete. During these occurrences, the TA or a representative from the contractor (TA’s choice) will collect and retain the CACs of the affected contractor personnel residing in the local area however; CAC permissions will not be revoked in the Trusted Associate Sponsorship System (TASS). Collecting CACs however, may not be feasible for contractor personnel located in remote locations. When contractor personnel return to work under the contract, they will retrieve their CAC from the responsible party who collected it.

(2) The contractor shall include a monthly report listing contractor employees who departed during the previous month and the date their CACs were turned in using the format listed below.

1.6.6.4. Contractor Vehicles. The Contractor’s vehicles shall display the Contractor’s name/logo on both sides of the vehicle so that it is clearly visible and readable to a distance of at least 50 ft. Contractor and sub-contractor vehicles shall fully comply with the vehicle registration requirements regarding Contractor-owned and Contractor employee privately owned vehicles (POVs) as set forth in Fort Bragg Regulation 190-5, Military Police Traffic Regulation having valid NC registration, license plates and inspection stickers. Any questions regarding the regulation can be directed to (910) 432-8193. Contractor vehicles and Contractor employee POVs will be searched if the appropriate passes/decals are not displayed when entering Fort Bragg Access Control Points (ACPs). All vehicles, including those with passes/decals, are subject to random search at any time.

1.6.6.5. All commercial vehicles have to enter the Truck Plaza, which is at the Knox St. Gate, whether he or she possess an AIE badge or not. If entry is required after normal business hours (2100 - 0500), the commercial vehicles can also use the Long St. or Honeycutt Rd. gates in addition to the Knox St. gate.

1.6.6.6. A commercial vehicle is defined by the following: Any vehicle as large as or larger than an enclosed 15-passenger van (not used for passenger transportation) OR any company vehicle pulling an enclosed trailer of any size, and all Civilian Fuel Trucks. This includes U-Haul Trucks, UPS/FedEx delivery vehicles, etc. If the vehicle is enclosed and security personnel are unable to see inside and the vehicle is marked for commercial use, that vehicle still has to go through Knox St. Gate for a vehicle inspection.

1.6.6.7. Physical Security: The Contractor shall safeguard all government equipment, information and property provided for Contractor use. Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a monthly or quarterly basis. As a minimum, the Contractor shall maintain the site and all other Contractor controlled areas in such a manner as to minimize the risk of theft, vandalism, injury, or accident. The Contractor shall comply with installation security requirements. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7. Key Control: The Contractor shall establish and implement methods of making sure all keys 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 QCP. 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 KO and COR.

1.6.7.1. In the event keys other than master keys are lost or duplicated, the Contractor shall, upon direction of the KO, 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.

1.6.7.2. The Contractor shall prohibit the use of Government issued keys by any persons other than Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.6.7.3. 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.

1.6.8.1. General:

1.6.8.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in PWS [1.6.6.]; security requirements during the execution of this contract.

1.6.8.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.6.8.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.6.8.1.4. Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

1.6.8.1.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.8.1.5.1. PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13: At a minimum, work statements must address the following. If not, KOs must address this with requiring activities and security officials:

How the contractor will comply with HSPD-12 standards;

1.6.8.1.6. Anti-Terrorism Program

1.6.8.1.6.1. PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. If not, KOs must address this with requiring activities and security officials).

1.6.8.1.6.1. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at

1.6.8.1.7. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti Terrorism Office (ATO)]. This local 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 with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract. Contractor will provide a list of all employee names that completed training on a Word/Excel document listings the date training was completed and each employee signature.

1.6.8.1.8. Contractor personnel shall have a favorable National Agency Check (NAC) with inquiry in accordance with Security definition for personnel who occupy “ADP (Automated Data Processing) Sensitive” positions, as per AR 380-67, paragraph 3-601, “The Personnel Security Program” no later than 5 days after the period of performance.

1.6.8.1.9. Contractor Employees Requiring Access to Government Information Systems: (PARC Policy Alert 14-3, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13) Contractor shall have access to Government-controlled information systems during performance of work under this contract. All contractor employees and associated subcontractors who require access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of support services, and must successfully complete the DoD Information Assurance Awareness prior to access to the information systems. Training shall be required annually after the initial training. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of commencing performance under this contract.

1.6.8.1.10. OPSEC Training: Per AR 530-1, Operations Security, the Contractor shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.

1.6.8.1.11. Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.6.8.2. Other Qualifications: The Contractor shall understand and abide by the regulations set forth by the Environmental Protection Agency (EPA), Clean Water Act of 1972, and the Office of Compliance Assistance and Pollution Prevention (OCAPP). Occupational Safety and Health Organization Standards (OSHA), in effect on the award date of this task order, shall apply. A current copy of Contractors Company safety program and the site-specific safety plan that meets all Occupational Safety and Health Organization (OSHA) standards shall be kept at the job site and shall be available for review by the Government at any time for the duration of this task order.

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 in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO and/or COR may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO and/or COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides 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 contract.

1.6.11. Qualifications for Contractor: The Contractor shall have considerable knowledge of the methods, procedures, and supplies used in facility cleaning and maintenance; preventative maintenance processes and policies; tools and equipment used in the maintenance services of buildings and structures; equipment operation; operating systems of motors, pumps, fans and other machinery associated with pressure washing; chemical solutions and compounds used to clean and repair equipment; related safety practices and precautions.

1.6.12. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within (10) work days of the termination.

1.6.12.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 7:30 AM to 4:00 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.6.12.1.1 The Contractor shall provide a phone number for the Project Manager and alternate(s) during duty and non-duty hours (to include evenings, holidays, and weekends). This individual shall be responsible for overall management and coordination of this contract, and shall be available within two hours during duty and non-duty hours to meet with Government personnel designated by the Contracting Officer to discuss problem areas. Corrective actions shall be initiated within two hours of notification.

1.6.12.2. Qualifications for all Key Personnel: The Program Manager (PM) shall have considerable knowledge of the methods, procedures, and supplies used in facility cleaning and maintenance; preventative maintenance processes and policies; tools and equipment used in the maintenance services of buildings and structures; equipment operation; operating systems of motors, pumps, fans and other machinery associated with pressure washing; chemical solutions and compounds used to clean and repair equipment; related safety practices and precautions.

1.6.12.2.1. Program Manager (PM): The Program Manager (PM) shall possess equivalent to a high school diploma plus three years of responsible experience in building maintenance work experience or any satisfactory combination of experience and training which demonstrates the knowledge, skills, and ability to perform the pressure washing duties within this PWS. The PM shall be skilled in the use of cleaning equipment for pressure washing services.

1.6.12.2.2 The PM shall be responsible for accomplishing the program objectives and outcomes within the contextual constraints. The PM shall ensure the overall success of the program by making sure the pressure washing team completes the defined activities while adhering to internal standards and contractual obligations; and that the program is completed on time, within budget and with acceptable quality.

1.6.12.2.3. The PM shall be knowledgeable in inspecting and assessing the conditions of surface materials and structures prior to cleaning in order to determine the best method needed to pressure wash facility or structure.

1.6.13. Contractor Personnel:

1.6.13.1. Identification of Contractor Personnel: All Contractor 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. (PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. Ensure FAR 52.204-9 ).

1.6.13.1.1 Contractor personnel shall be clearly identified by DoD issued identification badge. The badge is to be affixed and displayed on the person’s outer clothing, above the waist and in clear view.

1.6.13.1.2 Identification badges and vehicle passes issued to the Contractor personnel remain the property of the U.S. Government and must be surrendered upon completion of work or at the termination of individual employment, or when requested by the Government.

1.6.13.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.6.14. Organizational Conflict of Interest:

1.6.14.1. Purpose. To aid in ensuring that:

1.6.14.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.6.14.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.6.14.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.14.2. Definitions.

1.6.14.2.1. The term “Contractor” herein used in section 1.6.16., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.14.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.14.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.14.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.14.3.2. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.14.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.6.14.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.6.14.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.6.14.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.6.14.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.6.14.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.14.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.14.5. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

1.6.14.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.14.7. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.16.4., 1.6.16.5., and 1.6.16.6. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.6.16.4. above. The use of section 1.6.16., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.14.8. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.6.16., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor, in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.14.9. Conflicts Involving Future Procurements. The award of this contract government tasking’s or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.14.10. Representations and Disclosures.

1.6.14.10.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.14.10.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.6.14.11. Remedies and Waiver.

1.6.14.11.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.13., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract [or any task or delivery order issued under this Contract] for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.14.11.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

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

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor, as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

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

2.1.7. FACILITY CLEARANCE. A facility clearance (FCL) is an administrative determination that, from a national security standpoint, a facility is eligible for access to classified information at the same or lower classification category as the clearance being granted. The FCL may be granted at the Confidential, Secret, or Top Secret level. The FCL includes the execution of a Department of Defense Security Agreement (DD Form 441). Under the terms of the agreement, the Government agrees to issue the FCL and inform the Contractor as to the security classification of information to which the Contractor will have access. The Contractor, in turn, agrees to abide by the security requirements set forth in the National Industrial Security Program Operating Manual, commonly referred to as the NISPOM.

2.1.8. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of or directly acquired by the Government and subsequently made available to the Contractor.

2.1.9. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.10. LOCAL TRAVEL: Any travel that is required to perform services IAW the PWS that is within a 50-mile radius of the place of performance.

2.1.11. RESERVED.

2.1.12. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.13. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.14. PROPERTY ADMINISTRATOR (PA). The authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.15. PROPERTY MANAGEMENT SYSTEM. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.16. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.17. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

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

2.1.20. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.21. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS: