F-16A Shipping PWS.pdf

FA4661-23-Q-0105

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PERFORMANCE WORK STATEMENT

FOR

F-16A FALCON SHIPPING SERVICES

FROM

TERRE HAUTE REGIONAL AIRPORT

TO

DYESS AFB, TX

3/3/2023

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F-16A FALCON SHIPPING SERVICES

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

1.1 General Scope

1.2 Background

1.3 Inherently Governmental Function

1.4 Period of Performance

1.5 Place of Performance

1.6 Specific Tasks

1.7 Historical Data

1.8 Minimum Qualifications

1.9 Deliverables

1.10 Small Business Subcontracting Program

2.0 SECTION II: SERVICE SUMMARY

2.1 General

2.2 Performance Evaluation

2.3 Government Quality Assurance

2.4 Performance Assessment

2.5 Quarterly Progress Meetings

2.6 Contracting Officer’s Representative

2.7 Quality Control

2.8 Contractor’s Performance

3.0 SECTION III: GOVERNMENT FURNISHED PROPERTY and SERVICES

3.1 Government Furnished Services

3.2 Government Furnished Facilities

3.3 Government Furnished Property to include Equipment and Material

3.4 Contractor Furnished Property and Services

4.0 SECTION IV: GENERAL INFORMATION

4.1 Hours of Operation

4.2 Contractor Personnel

4.3 Continuation of Essential DoD Contractor Services During Crisis

4.4 Conservation of Utilities

4.5 Environmental Protection

4.6 Miscellaneous Paragraph

4.7 Security

4.8 Safety

5.0 SECTION V APPENDICES & EXHIBITS

APPENDIX 1 Definitions, Abbreviations, and Acronyms

APPENDIX 2 Government Furnished Facilities

APPENDIX 3 Applicable Publications and Forms

APPENDIX 4 Photos

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SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide disassembly, shipping and reassembly for one F-16A Fighting Falcon from the Terre Haute Regional Airport in Indiana to Dyess Air Force Base near

Abilene, Texas. 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.

1.1.1 Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform F-16A Falcon delivery as defined in this Performance Work Statement (PWS) except for those items specified as Government Furnished Property and services. The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the contracting officer (CO) and the contracting officer’s representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract.

1.2 Background. Since the 1980s, the Dyess Linear Air Park has requested a F-16 Fighting Falcon for static display. Dyess has had to refuse F-16s due to lack of funds or other reasons in the past. Now we have reached a rare occurrence where the Dyess Linear Air Park has funding as well as an available aircraft. This F-16A Falcon was delivered to the 181st Intelligence Wing at the Terre Haute Regional Airport in Indiana in 2014. With no desire to display this aircraft any more, the 181st IW made the plane available for transfer. In order to put this aircraft on display, contractors are needed to disassemble, ship and reassemble the plane at Dyess AFB.

1.3 Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.4 Period of Performance. This is a one-time shipping contract.

1.5 Place of Performance. The contractor shall perform the services in the PWS at the Terre Haute Regional

Airport in Indiana and enroute to/at Dyess Air Force Base, Texas

1.6. Specific Tasks.

1.6.1 The contractor shall get authorization for all members of the contract team to enter Terre Haute Regional

Airport and Dyess AFB in advance of contract commencement.

1.6.2 The contractor shall enter the Air National Guard side of the Terre Haute Regional Airport in Terre Haute, Indiana.

1.6.3 The contractor will present the authority letter (to be provided) to take custody of one F-16A Fighting

Falcon.

1.6.4 The contractor will remove both wings, both horizontal stabilizers, and the single vertical stabilizer from the aircraft (if necessary) and stage them a safe distance from the ongoing work. Technical Orders (T.O.) and one

10K and one 15K forklift will be provided for the removal of these parts. It is possible, but not guaranteed, that

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Subject Matter Experts (SME)s will be on hand to assist with the disassembly. Terre Haute Point of Contact

(POC) has indicated that the aircraft is not assembled exactly In Accordance With (IAW) T.O.s.

1.6.5 The contractor shall load the fuselage section onto an unspecified vehicle capable of transporting the plane on open highways.

1.6.6 The contractor shall load two wings, two horizontal stabilizers, one vertical stabilizer, all loose hardware, any other unidentified orphaned parts that belong to the aircraft and any tools related to it. Interleave all objects from each other and the transporting vehicle, using appropriate interleaving material to prevent damage to paint and structure.

1.6.7 The contractor shall shrink wrap the entire load to prevent damage in transport.

1.6.8 The contractor shall transport the aircraft via highways from Terre Haute Regional Airport in Indiana to

Dyess Air Force Base near Abilene Texas. Transportation vehicles are not authorized to make side trips or take on other loads.

1.6.9 The contractor shall obey all rules of the road and shipping regulations for state and federal highways including but not limited to weigh stations, daily duration each driver can drive, etc.

1.6.10 The contractor shall enter Dyess AFB through the Tye gate off of Military Drive, not the main gate on

Arnold Blvd.

1.6.11 The contractor shall contact Dyess POC by phone to meet at the gate.

1.6.12 The contractor shall follow the Dyess POC to the staging area for the aircraft.

1.6.13 The contractor shall unload the aircraft fuselage, two wings, two horizontal stabilizers, one vertical stabilizer, and all loose hardware and orphaned parts and stage them a safe distance from where the work is happening.

1.6.14 The contractor shall reassemble the F-16A Falcon IAW T.O.s (to degree possible) and SMEs on hand. One

10K and one 15K forklift will be provided with operators. Possibly one crane will be available for use with operator.

1.6.15 The Dyess POC shall inspect the completed aircraft and sign off on completion of contract.

1.6.16 The contractor shall be released from further duties and shall leave the base.

1.7 Historical Data. The tasks described above has been performed in the past by an unknown number of full-time equivalent employees. This task was last performed in 2014.

1.8 Minimum Qualifications. Contractor will have a minimum of five years of aircraft transportation experience.

1.9 Deliverables.

1.9.1 Below is a list of deliverables under this contract.

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Support Area Title Delivery Date/Description

7 BW/CVM, COR Bill of Lading Upon arrival at Dyess AFB.

7 BW/CVM, COR F-16A Fighting Falcon Upon arrival at Dyess AFB

7 BW/CVM, COR Any documentation with aircraft Upon arrival at Dyess AFB

1.10 Small Business Subcontracting Program. The contractor shall submit a subcontracting plan for small business, small disadvantaged businesses, Historically Under-utilized Business Zones (HUBZones), women-owned small businesses, service disabled veteran owned small businesses, veteran-owned small businesses, historically black colleges and universities and minority institutions, and Alaska Native corporations and Indian

Tribes. The plan shall contain goals for each of the categories, as well as 10 other elements identified (11 total) in

FAR 19.704 and FAR Clause 52.219-9. This rating element assesses the contractor's performance in meeting the requirements of the plan and achievements against the negotiated goals.

The contractor may use one of three types of plans: subcontracting plan, commercial plan (for commercial items), and the DoD comprehensive (test) plan. (See FAR 19.704, 52.219-9 for additional guidance.) An Individual

Subcontracting Report (ISR) shall be submitted semi-annually during contract performance for the periods ending

March 31 and September 30. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the CO. A report is also required for each contract within 30 days of contract completion. Summary

Subcontract Reports (SSR), including those submitted for comprehensive subcontracting plans under the DoD

Small Business Subcontracting Plan (Test Program), shall be submitted semi-annually for the 6 months ending

March 31 and the 12 months ending September 30. Reports are due 30 days after the close of each reporting period. For commercial plans, a SSR is due 30 days after the end of the government's fiscal year. For the CPARS rating, the government will use the most recent ISR and/or SSR that the contractor submitted and will not delay the evaluation if the rating period is different than the subcontracting reporting period.

SECTION II

2.0 Service Summary (SS)

2.1 General

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2 Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or

52.212-4(a).

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2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO a CAR for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt.

2.4 Performance Assessment.

2.4.1 Periodic Surveillance. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.2 Customer Complaints. The COR will receive and investigate all complaints. The COR shall be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the contractor. Validated customer complaints shall be corrected within 2 hours of notification. CO will validate corrective action.

SS

Performance Objective

(The Service required—usually a shall statement)

PWS

Paragraph

Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

The Contractor shall disassemble one F-16A Falcon and load for shipping.

1.6.1, 1.6.2, 1.6.3, 1.6.4, 1.6.5, 1.6.6, 1.6.7

Zero deviation from standard.

The contractor shall transport the aircraft from Terre Haute Regional

Airport, IN to Dyess AFB, TX

1.6.8, 1.6.9, 1.6.10, 1.6.11, 1.6.12

Zero deviation from standard.

The contractor shall reassemble the aircraft at Dyess AFB IAW T.O.s.

1.6.13, 1.6.14, 1.6.15, 1.6.16

Rework as necessary

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2.4.3 Review of Audits. COR reviews results of the contractor’s accepted quality management system audits and related quality metrics.

2.4.4 100 Percent Inspection. This method requires the COR to do 100 percent inspection on all task performed. Appropriate for tasks that occur infrequently. Usually only deals with Safety and/or Security, unless mandated by an Air Force Instruction (AFI) or industry standard.

2.5 Quarterly Progress Meetings. The CO, Program Manager (PM), Functional Services Manager (FMS), COR, other government personnel as appropriate, and the contractor shall meet quarterly to discuss the contractor’s performance.

The following issues, at a minimum, shall be discussed:

- Opportunities to improve the contract,

- Any modifications required of the contract,

- Unsatisfactory inspections,

- Valid customer complaints against each performance objective observed, and

- Steps taken by the contractor to prevent occurrences in the future.

The contractor shall provide a summation of unsatisfactory inspections and customer complaints and provide insight into any identified trends.

2.5.1 The minutes of these meetings will be reduced to writing, signed by the CO and any other signatures as deemed appropriate, distributed to the functional area and the contractor. Should the contractor not concur with the minutes, the contractor will provide a written notification within 5 working days to the CO identifying areas of non-concurrence for resolution.

2.6 Contracting Officer Representative (COR). CORs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided a letter identifying the COR and setting forth their duties and authorities. The COR is not authorized to change any of the terms and conditions of the contract/task order.

2.7 Quality Control. In compliance with the applicable contract clauses FAR 52.246-4 thru FAR 52.246-5, entitled, “Inspection of Services (Fixed Price and Cost-Reimbursement),” or FAR 52.212-4(a) Commercial Terms and Conditions Inspection/Acceptance, develop and maintain an effective quality control program to ensure services are performed IAW this PWS, applicable laws and regulations and IAW best commercial practices.

2.8 Contractor’s Performance. The government assesses a contractor’s performance on an on-going basis, both positive and negative, and provides a record on a given contract during a specified period of time.

SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Services (Base Support). The government will provide Emergency Medical

Services, Postal Distribution, Refuse Collection, Security Police and Fire Protection.

Custodial Service. N/A

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Emergency Medical Services. Dyess AFB will provide emergency medical services for contractor personnel in performance of services under this contract base IAW AFI 41-115 Chapter 1. The contractor shall reimburse the government for treatment provided at the current reimbursement rate for non-authorized user IAW

AFH 41-114, paragraph 42. The contractor shall provide to the 7th Medical Group, the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care after receiving initial emergency treatment on base. All mishaps will be promptly reported to the base safety office through the COR.

Ground Maintenance. N/A

Insect and Rodent Control. N/A

Postal Distribution. The postal service is available for mail at Dyess Building 7302.

Refuse Collection. The government will provide refuse collection services. The contractor shall take refuse to the nearest dumpster on a regular basis. The contractor shall comply with all installation recycling programs, refuse volume reduction programs, and hazardous waste collection policies IAW base policies.

Security Police and Fire Protection. Phone number for 7th Security Forces Squadron, Fire Protection, 911.

3.2 Government Facilities. At Dyess AFB, the government will provide food court dining, postal, banking

(Bank of America), and restroom facilities.

3.3 Government Furnished Property (to include equipment and material). At Terre Haute Regional Airport, the government will provide one 10K and one 15K forklift.

At Dyess the government will provide one 10K and one 15K forklift and qualified operators for the vehicles.

Possibility of a crane available with operator.

3.3.1 Government Furnished Property (GFP). The contractor shall conduct an inventory of all GFP listed above during the phase-in transition period. The contractor shall sign receipt for all equipment provided by the government. The contractor shall determine and certify the working order and condition of all equipment. Items of equipment missing or not in working order shall be recorded. If the contractor does not elect to participate in the inventory within the timeframe listed above, the contractor must accept as accurate, the listing and stated condition of equipment provided by the government. If the contractor participates in the inventory but does not agree with the government representative's determination as to the working order of the equipment, the equipment will be turned in as excess or the matter will be turned over to the CO for resolution. The contractor shall designate a property custodian throughout the life of the contract to receipt and account for all GFP. By completion or extension of each yearly option of the contract, an inventory of GFP shall be conducted by the contractor and an audit performed by the government Property Administrator (PA). All equipment in need of repairs/maintenance shall be repaired/maintained by the government, depending on contract type and clauses elected for use in contract (i.e. 52.245-2(a) “as-is, where-is” condition) or unless the damage was caused by willful negligence of contractor.

3.4 Contractor Furnished Property and Services. Except for those items or services specifically stated to be government-furnished in Section III and any appendixes, the contractor shall furnish everything required to perform this contract in accordance with all of its terms. The following mentioned requirements are not all inclusive of the contractor furnished items and services required in the performance of this contract.

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SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The contractor shall perform the services required under this contract during as needed excluding Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. On occasion, an employee will be required to work on weekends and Federal holidays. The government will notify the contractor within 24 of such occurrences.

4.1.1 Recognized 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

Juneteenth Christmas Day

Independence Day

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday.

4.2. Contract Personnel

4.2.1. Contract Manager (CM). The contractor shall provide a contract manager and alternate(s) who are knowledgeable in aircraft restoration. The contractor shall submit the name, address, telephone number and a resume of the CM to the CO within 2 days of contract start date. The list shall be kept current throughout the life of the contract. The CM or alternate(s) shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM or alternate(s) shall be available within 24 hours to meet on the installation with government personnel designated by the CO to discuss problem areas. The CM and alternate(s) shall be able to read, write, and speak English. The CM shall be able to effectively communicate with contractor employees. Qualifications for the CM are listed below: Contractor shall have a minimum of ten years of aircraft restoration experience. Contractor must have the ability to fabricate detailed stencils for the application of labeling and markings.

4.2.1.1. Personnel Roster. The contractor may be required to provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

4.2.2. Contractor Employees:

Certifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this PWS, prior to contract award. All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the contractor's expense.

Contractor Qualifications. The contractor shall utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this contract.

Employee Training. The contractor shall give all training required to meet requirements of the PWS unless otherwise specified within the PWS or as otherwise approved by the CO. The contractor shall maintain

Page - 10 - of 23 training and experience records for each employee during the period of this contract that reflect sufficient personnel are qualified to accomplish all tasks required by this contract. Provide status of employee training upon the government’s request.

English Language. Employees who deal directly with customers will be required to communicate clearly and concisely with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

4.2.3. Use of Government Employees.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

4.2.3.1 Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

4.2.3.2. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military

Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2.3.3. 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. Contractors must have contractor badge on their person at all time while on base.

Organizational Conflict of Interest (OCI). 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 OCI as defined in FAR Part 9.5.

Any potential instance of OCI must be reported to the CO immediately.

Personal Conflict of Interest (PCI). The term "PCI" means that a contractor employee assigned to the contract has interests which (i) may diminish his/her capacity to give impartial, technically sound, objective assistance and advice in performing this contract, (ii) may otherwise result in a biased work product under this contract, or (iii) may result in an unfair competitive advantage. Any potential instance of PCI must be reported to the CO immediately.

Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.3. Continuation of Essential DoD Contractor Services During Crisis.

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In Accordance with DoDI 1100.22, (12 Apr 2010) Continuation of Essential DoD Contractor Services During

Crises, DFARS 237.76, and the Air Force implementation thereof, unless otherwise directed by the CO or COR, it is determined that the services as identified in this PWS ARE NOT essential for performance during a crisis.

(1) All services in this PWS are designated as essential services for performance during crisis IAW

DFARs 237.76, “Continuation of Essential Contractor Services” and the contractor shall prepare a plan for performing these services in accordance with DFARs 252.237-7023. Hereafter, the personnel identified by the contractor to perform these services shall be referred to as “Mission Essential Contractor Personnel.”

(2) The requirement for continuation of essential services could possibly be as currently scheduled in the PWS; however, the schedule will be determined based on the crisis requirements. The CO or COR will contact the contract manager by telephone or in person that essential services are required. This will be followed up in writing and subsequently by modification to the contract to incorporate the requirements via full text or by reference. The contractor may file a proposal for cost or other impacts under the Changes clause or a Request for

Equitable Adjustment.

(3) Within 30 days after award, the contractor shall provide a written list of all “Mission Essential

Contractor Personnel” to the CO or COR. The list shall identify names and base location where each employee will perform work under this contract.

(4) The contractor shall develop contingency plans for tasks designated as essential no later than 30 days after the start of the contract to provide reasonable assurance of continuation of services during crisis conditions.

Military Personnel. The government retains the option to assign military representatives on a full or part time basis at all contracted sites as deemed necessary for reasons, such as, to receive training, to assist in contingency efforts at site, or to evaluate site performance (not inclusive). The presence of military personnel shall in no way diminish the contractor’s responsibility to provide the operation services specified in this PWS.

Labor Disruptions. The government reserves the right to take over performance of this contract in the event of a labor strike, bankruptcy, default or period of non-performance by the contractor’s employees. In such events, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the CO, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance. The contractor further agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. The government will not compensate the contractor for performance during this period.

4.4. 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.

4.5 Environmental Protection. The contractor shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

4.5.1 Permits. The contractor shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the contract, independent of any existing permits held by the government.

The contractor acknowledges that the government will not consent to being named a secondary discharger or co-permittee for any operations or activities of the contractor under the contract. In the event the government is named as a secondary discharger or co-permittee for any activity or operation of the contract, the government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operations, including terminating this contract, without liability or penalty.

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4.5.2 Right to Inspect. The government’s rights under this contract specifically include the right for government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations, whether or not governmental is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make sure inspections. The government normally will give the contractor 24 hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.5.3 Non-compliance. If the contractor is found to not be in compliance with any of these regulations, there may be cause for the facility to shut down until the contractor, when within the contractor’s control or the government, has remedied the problem. Any sanitary deficiencies shall require immediate correction.

4.5.4 Spill Response. The contractor is responsible to report and promptly clean up all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize government material, equipment, or personnel to clean up a contractor caused spill, the contractor shall be required to reimburse the government for all associated costs.

4.5.5 Audit. This contract may be subject to audit by any and all cognizant government agencies. The contractor shall make available all records, which it maintains with respect to these contract, to such agencies.

4.5.8 Failure to Insist On Compliance. The failure of government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of government’s right to the future performance of any such terms, covenants or conditions and the contractor’s obligations in respect to such future performance shall continue in full force and effect.

4.5.9 Green Procurement Program (GPP). The GPP is mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the

GPP. Recycled-content products are designated by the Environmental Protection Agency (EPA). “Bio-based” products made from renewable plant materials are designated by the United States Department of Agriculture

(USDA). Energy and water efficient products are designated by the Department of Energy (DOE). GPP also requires the government to avoid purchasing Ozone Depleting Substances (ODS) and EPA-designated priority chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourage the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and services that serve the same purpose), but are not already required by one of the mandatory GPP elements.

(1) Green Procurement is mandated except when the contractor can show that the product with recycled content does not meet intended specifications, has excessive costs, or cannot be delivered in time to support the schedule of the contract. If the contractor is unable to locate a specified product meeting the GPP requirement, identify the issue to the CO or GPM for guidance. GPP is based on legal requirements and the Department of

Defense facilities are subject to enforcement action if these requirements are ignored.

(2) The contractor shall make maximum use of products containing recovered materials that are EPA-designated items IAW FAR Clause 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts. The list of EPA-designated items is available at https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program.

4.6. MISCELLANEOUS PARAGRAPHS:

4.6.1 Freedom of Information Act (FOIA). All official government records affected by this contract are subject to the provisions of the FOIA (5 U.S.C. 552/DoD 5400.7-R/AF Supplement). Any request received by the https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program

Page - 13 - of 23 contractor for access/release of information from these records to the public (including government/contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

4.6.3 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any other federal department or agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this contract.

4.6.4 Correspondence. The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.6.5 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO

IAW FAR Part 42.5. These meetings shall be at no additional cost to the government.

4.6.6 Privacy Act. Work on this contract may require that personnel have access to information protected by the

Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

4.6.7 Records. All records created and received by the contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the government.

4.6.8 Insurance. The contractor shall obtain the necessary insurance as required by FAR part 28.3. The minimum amounts of insurance will be maintained IAW FAR 28.307-2.

4.6.9 Subcontracting. The contractor shall ensure that any subcontractor providing services on behalf of the contractor has been approved by the CO prior to any such performance. The subcontractor shall not have a negative performance history or be suspended or otherwise prohibited from doing business with the government.

4.6.10 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 CO. 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.

4.6.11 Fire Prevention. The contractor shall take all necessary precautions to prevent fires in the units and contractor-furnished and government-furnished facilities while performing any work under this contract. In the event fires do occur, the contractor shall immediately notify the Base Fire Department at 911. The contractor shall then notify the requiring activity and the CO. The contractor shall brief and document its employees monthly in fire safety issues and procedures in reporting fires.

4.6.12 Flightline Driving. Employees who are required to drive vehicles on the flight line, cross the runway and shall have a Certificate of Competency, AF Form 483, a valid civilian and military driver’s license, IAW

AFMAN 24-306, page 25-1.

4.6.13 Hazardous Materials.

(1) Prior to use, the contractor shall provide the Base Hazardous Material Pharmacy, through the CO, a list of all hazardous materials the contractor brings onto government property and shall submit and AF Form 3952

Page - 14 - of 23 along with a Material Safety Data Sheet (MSDS) for each Hazardous Chemical listed in OSHA Hazard

Communication Standard 29 CFR 1910.1200. The purpose of the inventory is to provide information for

Emergency Planning and Community Right-to-Know Act (EPCRA) reporting.

(2) Any products that meet the criteria of “Hazardous Waste” must be bar coded and tracked until permanently removed from government property. Criteria for identifying hazardous waste are contained in

Subpart C of 40 CFR Part 261. NOTE: Products containing chlorofluorocarbons (CFC’s) or ozone depleting substances shall not be allowed or approved for use.

(3) The contractor shall ensure that all contractor employees complete the local Air Force Hazardous

Communication, HAZMart, and hazardous waste training. The contractor shall appoint a primary and alternate

HAZMART and Hazardous Waste monitor. Monitors are responsible for training all contractor personnel regarding hazardous material containers maintained on base and complete MSDSs immediately upon receipt of new chemicals, products, or materials.

4.6.14 Inclement Weather. If the base closes due to inclement weather, the contractor will be released, by the installation commander, with the general population of the base at no decrement to contract price. The contractor will follow the local procedures for reporting in inclement weather as advertised on local television and radio stations.

4.6.15 Section 508 Compliance. The contractor shall support the government in its compliance with Section

508 throughout the development and implementation of the work to be performed. Section 508 of the

Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when federal agencies develop, procure, maintain, or use electronic information technology, federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

4.7 Security

4.7.1 General:

4.7.1.1 The contractor shall comply with all base security regulations and with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact contractor performance of work and can include denial of access to the installation to perform work.

4.7.1.2. The contractor and its employees shall comply with all base traffic regulations.

4.7.1.3. Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within contractor-owned or privately owned vehicle while on Air Force installations.

4.7.1.4. The contractor shall report suspicious activity to Security Forces at 911 in a timely manner. Tell the operating.

4.7.4. Additional Security Requirements:

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

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4.7.6. Contractor Access To Air Force Installations. All contractor employees will be subject to a criminal history background check IAW Air Force Manual (AFMAN) 31-113, Installation Perimeter Access Control, as stipulated in the Installation Commander’s memorandum to the 7th Security Forces Office dated 23 Apr 2015 (the

AFMAN and memorandum are both limited access documents but more details on the requirements/process in terms of background checks can be provided by the CO upon request). Vehicle registration, proof of insurance, and a valid driver's license must be presented for vehicles. Installation Commanders may deny access and credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline, and morale of the installation.

Base Access. For contractor personnel who wish to obtain long-term Base access via an Air Force Materiel

Command (AFMC) Form 496, Application for AFMC Identification Card, IAW Air Force Federal Acquisition

Regulation Supplement (AFFARS) Clause 5352.242-9000, Contractor Access to Air Force Installations, the prime contractor shall submit a written request on company letterhead to the CO with the following information

(prior to submitting a request for Base access via an AFMC Form 496): 1) contract number, 2) location of work,

3) expiration date (must be on or before contract’s expiration date), and 4) names of employees/ subcontractor employees needing access to the base, to include each employee’s company name.

It is recommended that the prime contractor provide a copy of the request letter to each employee for verification purposes when the employee comes to the Dyess AFB Visitor Control Center (VCC) to get their AFMC Form

496 signed. Employees for which no request letter can be found or provided will result in the employee being asked to return on another date/time so verification can be made.

Base passes will be limited to the length of the contract not to exceed 3 years from the date the AFMC Form 496 is submitted to the Dyess AFB VCC for signature.

Individuals requesting DBIDS passes/cards through AF Form 496s must be on an authorized DD Form 577 signed by the current Commander/Director of the presiding unit.

The AFMC Form 496 will be reviewed/approved by the CO, then taken by the contractor employee to the Dyess

AFB VCC for the security portion and issuance of the Base pass.

Only employees who will be working on the contract consistently/frequently should be submitted for a long term base pass.

4.7.6.1 Visitors/contractors with driver’s licenses from ME, MN, MO, MT, and WA (exceptions are EDL-

Enhanced driver’s licenses from MN & WA) will not be able to obtain base access without another form of identification as an identity proofing document. The list of authorized IDs can be found in the REAL ID Act of

2005. Please visit the Department of Homeland Security’s (DHS) website to get the latest information, https://www.dhs.gov/current-status-states-territories.

4.7.7 During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel.

The contractor shall be responsible for prompt return of credentials and vehicle passes for: 1) any employee who no longer requires access to the work site; 2) upon request by a CO; and 3) upon completion or termination of the contract. The prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of payment.

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4.8. Safety

It is the contractor's responsibility to ensure its employees and managers have a comprehensive understanding of and full compliance with OSHA requirements. Detailed information is available on the OSHA website at http://www.osha.gov. It is the contractor's sole responsibility for compliance with OSHA, Public Law 91-596.

The contractor shall comply with all federal, state and local laws, and Air Force Instructions for the protection of their employees while working on an Air Force Installation or property. The protection of contractor employees is exclusively the obligation of the contractor. Contractor shall manage all work areas to ensure the safety of building occupants, base personnel, or visitors in or near the areas.

The contractor shall submit a Safety and Health Plan that describes the capabilities and processes to ensure compliance with safety and health requirements during the performance of the work described in the solicitation.

The contractor's plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety and health violations and/or uncontrolled hazards in contractor work areas.

Contractor must ensure that personnel are properly trained on the equipment they are tasked to operate. The contractor shall develop site specific mishap reporting procedures which result in damage to government property or injury to Air Force personnel. These procedures are to be included in the safety and health plan for review. In accordance with AFI 91-202, AFMC Supplement, Safety Program, the contractor shall submit a Safety and

Health Plan to the CO for review and acceptance by the safety office prior to contract award.

4.8.1. Safety Equipment. The contractor shall furnish personal safety equipment for its employees in performance of this contract. Safety equipment includes shoes or boots, eyewear, respirators, hearing protection harnesses and gloves.

4.8.2. Safety Threats. The government reserves the right to restrict the employment, under this contract, of any contractor employee, or prospective contractor employee who is identified as a potential threat to health, safety, security, general wellbeing, or the operational mission of the installation and its population. Contractor shall perform background checks, at contractor's expense, to ensure that said employee has not been convicted of any sexual crime or any crime against children.

4.8.3. Substance Abuse Testing. The consumption of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. Contractor employees shall be subject to substance abuse testing as a result of a mishap investigation when an individual’s actions or inactions are suspected as factors in a mishap sequence. The CO or COR may identify the employees to be tested and the drugs and substances for which those employees must be tested. The service provider shall accomplish the specified testing using a certified (i.e., a certified lab that meets Department of Health and Human Services (DHHS)/ Substance Abuse and Mental Health

Services Administration (SAMHSA) certification) medical substance abuse testing facility. Results of the test(s) shall be provided to the government solely for the purpose of completing an investigation. The contractor shall immediately remove any employee who is found to be under the influence of alcohol or drugs.

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SECTION VI

APPENDIX 1

Arrival Services. Services performed to prepare for and properly park…