REEF_PWS_(Revised_10_June_2019).docx

AFTC/PZIOAD

Performance Work Statement (PWS)

Requirement Title: Research and Engineering Education Facility POC: Tomyka Muse

Requiring Organization: AFLCMC/ENR Phone: (850) 882-3717

Performance-Based Service Acquisition (PBSA)

Per the Federal Acquisition Regulation (FAR), PBSA means an acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed and a Performance Work Statement (PWS) means a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

Minimum Mandatory PBSA Requirements

1. Performance requirements in the Service Summary shall align with Contractor Performance Assessment Reporting System (CPARS) categories.

2. Performance requirements define the work in measurable, mission-related terms.

3. Performance standards (i.e., quality, quantity, timeliness) tied to performance requirements.

4. A Quality Assurance Surveillance Plan (QASP) describes how the contractor’s performance will be measured against the performance standards.

5. If the acquisition is either critical to agency mission accomplishment or requires relatively large expenditures of funds, positive and negative incentives are tied to the QASP measurements.

Additional PBSA Components

1. An historic workload analysis is performed or estimated if historic data is unavailable, to aid in determining the performance requirements and standards, QASP, and incentives offered to contractors.

2. The solicitation and contract/task order convey a logical, easily understood flow among performance requirements, performance standards, QASP, and performance incentives.

3. Process-oriented requirements (e.g., job descriptions, education requirements, level-of-effort) and reports are eliminated to the maximum feasible extent.

4. Government Quality Assurance (QA) performance evaluators assigned to assess contractor performance are trained in PBSA.

5. Commercial and/or industry-wide performance standards, where available, are relied upon.

6. The marketplace and other stakeholders are provided the opportunity to comment on draft performance requirements and standards, the QASP, and performance incentives.

7. If the size of the requirement justifies the resource expenditures, potential offerors are given the opportunity to learn more about the "as is" operation to facilitate their ability to develop intelligent proposals.

8. The contract/task order is fixed price and is completion type (vs. term type or level-of-effort).

9. Past performance evaluations are based on the results of contract QA measurements and incentives, and QA plans are consistent with past performance factors.

PERFORMANCE WORK STATEMENT

FOR

ENGINEERING CONTINUING EDUCATION

& RESEARCH SERVICES

FOR

SCIENCE AND ENGINEERING WORKFORCE DEVELOPMENT

AT

EGLIN AFB, FLORIDA

10 June 2019

Engineering Continuing Education & Research Services

Table of Contents

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide Research and Engineering Education Services. 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 Research and Engineering Education Facility services 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 Authorized Government Representative (AGR), and to immediately notify both the CO and the AGR 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. AFLCMC/ENR (Eglin) requires a local facility, full-time service of a faculty and staff of sufficient size and experience to provide basic research investigations leading to publications, seminars, short-course work, employee educational counseling, supervision of employee theses, and administration as necessary for Master and Doctorate degrees in aerodynamics/ computational fluid dynamics, computer/software engineering, electromagnetics/optics, electrical, engineering mechanics, guidance and control technology, signal processing, and systems engineering. This is a non-personnel services contract to provide science and engineering workforce development continuing education short courses and seminars and basic research related to state-of-the-art armament and weapons systems. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers must be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor will provide all labor, materials, equipment and tools to fill the services as outlined in this work statement.

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 five (5) year contract with 1 basic year and four (4) option years.

1.5 Place of Performance. The contractor shall perform the services in the PWS at Eglin Air Force Base, Florida and the University of Florida facility just outside Eglin AFB.

1.5.1 The contractor shall provide science and engineering workforce development continuing education short-course and seminars and basic research related to state-of-the-art armament and weapons systems in the PWS at a contractor provided facility.

1.5.2 Facility infrastructure shall provide resources and laboratory space for research.

1.5.3 The facility shall be within a 25 mile radius of Eglin Test and Training Complex.

1.6. Specific Tasks

1.6.1 Workforce Development Graduate Level Continuing Education Support

1.6.1.2 Accreditation. The contractor must maintain Accreditation Board for Engineering and Technology, Inc (ABET) accreditation for the following engineering disciplines: mechanical, aerospace, electrical, computer, industrial, and systems engineering.

1.6.1.2.1 Continuing Education Presenters and Lectures. The Contractor will hire and retain faculty with engineering expertise at the graduate or PhD level for continuing education curriculum development, instruction, and supervising theses/dissertations. Assigned personnel must be either tenured, tenure-track, research scientist, or adjunct.

1.6.1.2.2 Continuing Education Specialization.

1.6.1.2.2.1 The Contractor will propose short courses, and sponsor lectures or similar events, which pinpoint emerging areas of interest in areas pertinent to engineering that enhance intellectual vitality of the technical community, to be delivered on-line or on-site

1.6.1.2.2.2 Eglin Science and Engineering Workforce Support. The contractor will provide office space for full time students who are sponsored by the Science and Engineering Workforce Development Program (ie. PAQ and SMART).The Contractor will administrative staff and advisors to support sponsored students to attain their academic goals.

1.6.1.2.2.2 The contractor must be capable of developing and conducting graduate level workforce continuing education seminars, workshop, and short-courses in the specialized areas of:

1.6.2 Armament Research.

1.6.2.1 The Contractor will conduct Eglin-specific experiments and technical demonstrations for air-launched munitions.

1.6.2.2 Investigate autonomous guidance, multi-vehicle path planning, decision making, and flight control of air vehicles

1.6.2.3 Study effects of materials characterization response, deformation and failure properties

1.6.2.4 Explore optimization and network-based techniques for data mining

1.6.3 Annual Forum

1.6.3.1 Participation. The Contractor will participate in a yearly forum with Eglin senior leaders to discuss current and future curriculum needs, research pursuits, and collaborative initiatives. AFLCMC/EN-EZ will schedule the forum to occur during the first week in March in the following venues: face-to-face, video teleconferencing or telecoms.

1.6.4 Documentation and Reports:

1.6.4.1 Monthly Report. The contractor will provide, via email, a monthly status report of the contracted work by the 10th of each month in pdf format.

1.6.4.2 Quarterly Status. The contractor will provide, via email, a quarterly status of the Eglin-specific experiments and technical demonstrations for air launched munitions.

1.6.4.2.1 The quarterly status is not a separate report but is an additional section in the monthly report in which the quarterly status is due.

1.6.4.2.2 The quarterly status can include white paper, presentation, or seminar at the end of research as required.

1.6.4.2.3 The report should be saved in pdf format.

1.7 Historical Data. RESERVED.

1.8 Minimum Qualifications. RESERVED

1.9 Deliverables.

1.9.1 Below is a list of deliverables under this contract.

1.9.2 Contractor Manpower Reporting Application (eCMRA).

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via the secure data collection site (i.e. eCMRA). The contractor shall register in eCMRA within 30 days of contract award. The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the above eCMRA help desk.

Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. Data for Air Force service requirements must be input at the Air Force eCMRA link. However, user manuals for government personnel and contractors are available at the eCMRA link at http://www.ecmra.mil.

1.9.3 Data. The government has unlimited rights to all deliverables of this contract.

1.9.4 Inspection. Deliverables will be inspected by the government within five (5) workdays of receipt. Progress meetings may be held as required.

SECTION II

2.0 Service Summary (SS)

2.1 General

2.1.1 This service delivery summary implements AFI 63-138, performance-based service contracts, and identifies critical success factors for the successful performance of requirements.

2.1.2 The SS states the performance objective (required service), and threshold (performance standard, accept/reject point (if applicable) in either qualitative or quantitative fashion) for each critical success factor.

2.1.3 The Government reserves the right to surveil all services and requirements called for in this PWS to determine whether the performance objectives and performance standards were met.

2.1.4 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).

[Complete the Service Summary chart below identifying the most critical performance objectives broken out by the CPARS categories of quality, schedule, cost control, management, small business, regulatory, and other areas. Adjust according to the acquisition. Use as many performance objectives as needed especially in Quality, Schedule, and Cost. Keep in mind that all high level quality requirements will require increased COR oversight. Ensure FAR 52.246-11 is completed in the contract for high level quality requirements. Keep in mind, your threshold is based on industry standards and the minimum standard you will accept from your contractor. If using a percentage, an example would be: minimum acceptance # / total number of items for surveillance = percentage for your threshold. Or if trying to find out a specific number based off a percentage, then it would be the total number of items for surveillance x percentage = provides you with a threshold number. ]

SS

Performance Objective (The Service required—usually a shall statement)

(Establish rating criteria based on performance threshold. Below are examples. Adjust according to the acquisition. Helpful with CPARs ratings, if applicable)

Quality

100 % compliant = satisfactory

Schedule

20% negative = satisfactory

Management

Observation conformance = satisfactory

100% attendance = satisfactory

Other Areas

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 AGR 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 AGR 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 AGR 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.

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

2.4 Performance Assessment.

2.4.1 Periodic Surveillance. This method requires the AGR 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 AGR will receive and investigate all complaints. The AGR 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 AGR and the contractor. Validated customer complaints shall be corrected within 2 hours of notification. CO will validate corrective action.

2.4.3 Review of Audits. AGR 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 AGR to do 100 percent inspection on all task performed. Appropriate for tasks that occur infrequently. Usually only deals with Safety and/or Security, unless required by an Air Force Instruction (AFI) or industry standard.

2.5 Performance Evaluation Meetings. Initial contract kickoff meeting. The Contractor PM may be required to meet at least weekly, by telecomm or in person, with the AGR and the CO during the first month of the contract.

2.5.1 As necessary meetings. Thereafter, the contracting officer will determine the frequency of subsequent meetings to be mutually agreed upon by the parties if more than quarterly is required. The Contractor PM, contracting officer, and contracting officer representative will sign the Contract Administrator’s written minutes of these meetings. Should the Contractor not concur with the Contractor Administrator's minutes, the Contractor will so state any areas of non-concurrence in writing to the contracting officer within ten (10) calendar days of receipt of the signed minutes.

2.6 Authorized Government Representative (AGR). AGRs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided correspondence identifying the AGR(s) and setting forth their duties and authorities. The AGR is not authorized to change any of the terms and conditions of the contract/task order.

2.6.1 The AGR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies and provide site entry of contractor personnel.

2.6.2 Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), AGR, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the PM and the CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

2.7 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.

2.7.1 Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.7.2 Contractor Performance Assessment Report (CPARS). Depending on the estimated value of the contract, formal assessment and reporting of contractor performance is documented using the CPARS system. The contractor will be provided a copy of their assessment 365 days from contract award. The contractor shall have 60 days to review and submit comments for the evaluation activity’s consideration before the assessment is made final. Past Performance assessment reports will be protected by all parties and treated by government personnel as “For Official Use Only/Source Selection Information in accordance with FAR 2.101 and 3.104”.

SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Services (Base Support). The government will provide on-base advertisement and sign-up for seminars and workshops via the Eglin Academy, email distribution, and the Eglin Official Bulletin.

Common Access Card. Contractor employees will not require CACs. A maximum of two base passes may be issued by AFLCMC/ENR.

3.2 Government Facilities. The Contractor will not occupy a Government facility. Primary facilities for education and research are owned and operated by the Contractor and will follow Contractor internal operating requirements and educational curriculum requirements.

3.3 Government Furnished Property (to include equipment and material). There is no government furnished equipment included in this contract.

3.3.1 Government Furnished Property (GFP). There is no government furnished property in associated with this contract.

3.4 Contractor Furnished Information.

3.4.1 The government will provide limited technical information to the contractor as necessary for the development of seminar and short course material as appropriate.

3.4.2 The government will provide the contractor access to Palace Acquire and Internship brochures as requested.

3.5 Contractor Furnished Property and Services. The Contractor must provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide science and engineering workforce development continuing education courses and basic research related to state of the art armament and weapons systems services as defined in this performance work statement except for those items provided by the Government.

SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The contractor shall perform the services required under this contract during the following hours: 0800-1700 Monday thru Friday except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. On occasion, an employee will be required to work on weekends and Federal holidays. The government will notify the contractor within 24 hours of such occurrence.

4.1.1 Recognized Holidays. The contractor is not required to provide services on the following federal holidays:

*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.

4.1.2 Contractor Designated Holidays. The contractor is not required to provide services on University-designated holidays:

Homecoming Half-day prior and the day after Thanksgiving Week between Christmas and New Year’s

4.2. Contract Personnel

4.2.1. Contract Program Manager (CPM). The contractor shall provide a contract manager and alternate(s) who are knowledgeable of the REEF. 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 at the CO’s discretion 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:

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.

4.2.1.2 Contractor Program Manager. The contractor will appoint a Program Manager (PM) to provide daily management, coordination and supervision of the facility operations in support of the activities under this PWS. The contractor PM will be responsible for ensuring the overall coordination and performance of the work throughout the term of the contract. Provide and maintain comprehensive, pro-active, integrated program management that focuses on meeting customer requirements and ensures compliance to all mandatory, statutory, and regulatory requirements. The Contractor will designate an alternate(s) who will act for the Contractor when the Contractor PM is absent. This designation will be in writing to the CO and the AGR.

4.2.2. Contractor Employees:

4.2.2.1 Employee Training. The contractor shall give all internal 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 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. No Government-provided training is required.

4.2.2.2 Dress and Appearance. Contractor personnel will present a clean, neat and professional appearance if attending an event on the Eglin installation.

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.

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, in performance of this PWS, who is an employee of the U.S. Government if employing that person would create a conflict of interest or the appearance of 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, unless such person seeks and receives proper approval.

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.

4.2.3.4 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.

4.2.3.4.1 US Government employee. Do not employ any person who is an employee of the US Government if the employment of that person would create a conflict of interest, or the appearance of a conflict of interest.

4.2.3.4.2 Reporting. The Contractor will notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and must promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI.

4.2.3.4.3 Mitigation Plan. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

4.2.3.4.4 Off-duty COR/AGR. The contractor is prohibited from employing off-duty COR/AGR who are managing any contracts or subcontracts awarded to the Contractor.

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.

4.4. 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.

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.

4.5.6 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.

4.5.7 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 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.

4.6.2 For Official Use Only (FOUO). The contractor shall comply with DoD 5400-7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

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.

(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.

4.7 Security

4.7.1 General:

4.7.1.1 The Government does not anticipate the need for the Contractor to develop and/or handle classified information in the performance of this Agreement.

4.7.1.2. The Contractor is responsible for safeguarding all government information provided for contractor use.

4.7.2 Required Training

4.7.2.1. Contractor will be offered Level I - Antiterrorism Awareness Training by the government. This training provides contractor employees with the requisite knowledge necessary to remain vigilant for possible terrorist threats. Coordination for training should be done by the requiring unit Antiterrorism Representative (ATR) after contract award. AT Level I training can be taken at https://jkodirect.