1.1_PWS.docx

Performance Work Statement (PWS) Template

Requirement Title: Dyess Fitness Center Equipment Maintenance POC: SrA Austin, Latreveon____________

Requiring Organization: _7th Force Support Squadron_____________ Phone: 696-4306______________

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 7TH FORCE SUPPORT SQUADRON

DYESS FITNESS CENTER EQUIPMENT MAINTENANCE SERVICES

AT

DYESS AFB, TX

2nd August, 2018

EQUIPMENT MAINTENANCE Services

Table of Contents

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General Scope. This is a non-personnel service contract to provide equipment maintenance for Dyess Air Force Base (AFB) Fitness Center (FC). 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 equipment maintenance 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: This service is required to provide Dyess fitness center customers serviceable strength and cardio equipment IAW AFI 34-266. This is a reoccurring service for Dyess AFB for 15 years and is necessary to provide adequate services to our fitness customers.

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 5 year contract with 1 basic year and 4 option years

1.5 Place of Performance. The contractor shall perform the services in the PWS at Dyess AFB Fitness Center, 525 Ave B, Bldg 7104, Dyess AFB, TX, 79607.

1.6 Specific Tasks. Contractor shall provide supervision, personnel, maintenance equipment, transportation, tools, and labor necessary to set-up, inspect, and maintain/repair the equipment as prescribed throughout this PWS. All new equipment will be assembled during their preventative maintenance visits. New equipment is received by the Dyess fitness center sporadically throughout the year. The Contractor shall provide initial assembly to ensure brand new equipment is fully operational. The Contractor must also provide an initial maintenance inspection on all current Fitness Center equipment, establish a base line for all broken equipment, and create a plan of action report to bring up all broken or non-operable equipment to operational status within 30 days of contract award. They shall provide these inspection results to the Fitness Center Operations Manager, 7 FSS COR, and CO. All inoperable equipment must be fixed and operable within 30 days from inspection, The contractor will inspect all fitness equipment in accordance with approved maintenance schedule. This inspection will reflect which machines are operational, which machines need proper maintenance, and all equipment that is nonfunctional. The contractor will also provide to the COR a weekly wellness update of the status of all broken or unserviceable equipment, to include the equipment name, model, date of breakage, proposed resolution, and projected wellness date.

1.6.1 The contractor will provide all required safety equipment and all equipment discussed within this contract shall meet all OSHA, EPA, or any other applicable guidelines. All safety equipment must be used for its intended and designed purpose. Any unsafe acts by the vendor will be reported to vendor supervision and 7 CONS and may be grounds for contract cancelation.

1.6.2 The vendor will not use any government equipment or personnel in the performance of their duties unless section 7 FSS supervision determines government provided equipment is required for the completion of requirements depicted in this PWS.

1.6.3. The vendor shall provide a descriptive and comprehensive inspection checklist and maintenance schedule within 14 days of contract award for equipment to ensure scheduled preventative maintenance is being performed at a minimum of once a month on odd months, and twice a month on even months. . Inspection criteria and frequency will be based on the manufacturer’s recommendations for prescribed inspections based on All inoperable equipment must be operable within 30 days upon discovery. . If a situation arises and the equipment will be inoperable for an extended period of time due to unforeseen circumstances, technician will coordinate a wellness plan for the inoperable piece of equipment and gain approval through the fitness center operations manager, FSS COR and CO.

1.6.4 The vendor will supply all the necessary consumable parts required to perform preventative maintenance. Additionally, labor is incorporated into the preventative maintenance schedule for the above equipment. For all service calls are utilized IAW this PWS a written quote with parts and labor is required from the vendor, a quote and approval is required prior to the quoted work being performed.

1.6.5 Preventative Maintenance. For the purpose of this PWS, “preventative maintenance” is defined as those tasks stated and / or recommended by the specific equipment manufacturer to keep the machine/equipment in safe and working order. In the absence of a manufacturer preventative maintenance directive, the vendor will use standard commercial preventative maintenance best practices. The contactor will provide, at no expense to the government, the repair or replacement of components and equipment due to abuse, misuse, and mishandling, deferred or neglected maintenance by anyone employed by the vendor. Vendor preventative maintenance will be performed in accordance with the timelines of the maintenance schedules as referenced in 1.6.3.

1.6.6 Equipment Parts: The vendor will supply 7 FSS with all the necessary non-consumable parts required for maintenance of equipment and at additional cost. The vendor will pass on GSA pricing of items to the government of approved manufacturer’s specific parts and items. If parts are not allotted through GSA, approval of parts and labor will be required by 7 FSS COR and CO before any additional maintenance is performed. Also, suitable substitute parts that do not meet original manufacturer specifications will be approved prior to purchase and installation by 7 FSS COR and the CO. A written cost estimate for parts and labor will be delivered to 7 FSS COR and CO no later than 24 hours after discovery of the required item or part.

1.6.7 Unscheduled Maintenance. Equipment items requiring repairs or maintenance and are not considered preventative maintenance will be considered “unscheduled maintenance”. In addition to the stated “preventative maintenance” as denoted within this PWS a specified amount of “unscheduled maintenance” service calls and repairs are also provisioned for as a part this PWS. These unscheduled service calls include labor to troubleshoot and parts installation. All repairs will be billed as a part of this contract but only after approval from this agency and all repairs will be processed through Wide Area Work Flow. If no parts are required, there will be no additional costs to the government besides invoicing the service call.

1.6.8 Service Calls: In addition to preventative maintenance at set times, the vendor shall provide support for “unscheduled maintenance” items. A service call is required for troubleshooting, adjustments, and failed part(s) replacements.

1.6.9 Items covered. The vendor must be able to provide support for unscheduled maintenance service calls for equipment that was recently serviced but defaults to in-operational status within 72 hours. One service call is defined as a completed job. If the vendor is required to come on site to troubleshoot, has to order parts and returns to install these ordered parts, then this event in total is deemed one service call. All final repairs will have an implied one-year warranty and any rework will be the responsibility of the vendor.

1.6.10 Normal Services. The vendor will be able to have technicians on site within five (5) business days. Any travel and lodging costs are the sole responsibility of the vendor.

1.6.11 If equipment is down for maintenance for an extended period of time due to parts back order, awaiting maintenance status for technician repairs, or building maintenance during the scheduled preventative maintenance, the preventative maintenance will be completed on that item at another scheduled time. The COR will schedule the preventative maintenance with the vendor when equipment is serviceable. There will be no costs to the government if no preventative maintenance is accomplished during that period. If an item is unserviceable during a preventative maintenance cycle and only becomes serviceable during the next scheduled cycle, the government will only have to pay the costs of one preventative maintenance cycle for work accomplished.

1.7 Historical Data. The tasks described above have not been performed in the past by full-time equivalent employees.

1.8 Minimum Qualifications: All technicians must be certified to repair and maintain all equipment on the attached equipment list. All technicians must provide documentation reflecting certification. The contractor shall provide a personnel roster of all technicians within two weeks (14 days) of contract award, and any new or changes in employees within five days of the change.

1.8.1. Service technicians: All technicians must have a professional appearance and conduct themselves in a professional manner. They must not be a subject of human trafficking. No offensive behavior, music, logos, attire, language will be tolerated on the installation. They must have no outstanding criminal warrants, or any felony convictions. Must be able and willing to adhere occupational safety requirements.

1.9 Deliverables

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 after receipt. Progress meetings may be held as required.

1.10. Contractor Travel. Contractor may be required to travel during the performance of this contract to attend meetings with the requiring activity and contracting office.

1.11Contractor Phase-Out Transition.

1.11.1 Contractor Phase-Out: The outgoing contractor shall allow the incoming contractor to interview for employment the outgoing contractor’s personnel, provided that work interruption time is reasonable.

1.11.2 The outgoing contractor shall provide sixty (60) day calendar days of OJT training to the incoming contractor. The outgoing contractor shall integrate the incoming contractor personnel into the regular work schedule in order to maximize OJT benefits. Contractor personnel to be trained shall possess, prior to training, all required special skills needed to perform the specific tasks in this PWS. The training objective is to enhance technical skills so that the transfer of responsibilities will be efficient.

1.11.3 During the sixty (60) day calendar day training period, the outgoing contractor shall perform all requirements in the PWS.

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).

SS

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

QUALITY

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 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.

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.

2.6.1 Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), COR, 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 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.

2.7.1 Quality Control Plan (QCP). The contractor shall be required to submit a final QCP with their proposal. The CO will notify the contractor of acceptance or required modifications to the plan. The contractor shall make appropriate modifications and obtain acceptance of the plan by the CO within [7] days. The contractor’s QCP shall contain, at a minimum, the following descriptive items:

a. The inspection system to cover all services. Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspector(s).

b. The methods to be used for identifying and preventing defects in the quality of services performed.

c. How the records will be kept. Records must document all inspections and corrective or preventative actions taken.

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.

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

SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Services (Base Support).

Custodial Service. The government shall provide custodial services for restroom facilities in base facilities IAW the current base custodial contract. All inquiries regarding scheduling and level of custodial services will be directed to the COR.

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 Security Forces Squadron, [911]; Fire Protection, 911.

Telephone Service. The government will provide local and DSN telephone services FOR OFFICIAL USE ONLY use at no cost to the contractor. Commercial long distance calls shall be at the contractor’s expense.

Utilities. The government will provide all electricity, water and sewage at no additional cost to the contractor. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish requirements under this PWS.

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: 8-5 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 responsible for conducting business with the individual purchased maintenance plans, except when government facility is closed due to local or national emergencies, administrative closing, or similar government facility is closed for the below reasons.

*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.

Work Schedules, Leave, and Absences. Monthly schedules will be provided for the upcoming work month to the COR. Any changes in the schedule shall be coordinated between the Contract Manager and the COR.

4.2. Contract Personnel

4.2.1. Contract Manager (CM). The contractor shall provide a contract manager and alternate(s) who are knowledgeable of the repair and maintenance of all strength and cardio equipment to include the Cybex, Techno-gym and Life Fitness at the Dyess AFB Fitness center. 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 hrs 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.

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 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, and 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.

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.

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.

4.3. 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.

4.4 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.

4.4.1 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.

4.4.2 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.

4.4.3 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.

4.4.4 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.

4.4.5 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.

4.4.6 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.

4.4.7 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.

4.5. MISCELLANEOUS PARAGRAPHS:

4.5.1 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.

4.5.2 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.

4.5.3 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.

4.5.4 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.

4.5.5 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.

4.5.6 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.

4.5.7 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.

4.5.8 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.

4.5.9 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.

(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.

4.6 Security

4.6.1. 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.

4.6.1.4. . The contractor shall report suspicious activity (refer to Dyess AFB Contractor Antiterrorism Awareness pamphlet) to Security Forces at 911 in a timely manner.

4.6.2 Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. (2.3.1. Any dust, dirt or debris on floor caused by the vendor work will be swept up and removed before the vendor leaves and said trash will be properly disposed of. Unless otherwise stated in this PWS, the contractor will remove all debris from the area and will not dispose of items in the section’s trash or trash dumpsters unless inspection by section supervision. All work areas will be thoroughly inspected upon vendor completion). At the close of each work period, government facilities, equipment, and materials shall be secured.

4.6.3. 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. 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.

4.6.3.1 Base Access. For contractor personnel who wish to obtain long-term Base access via Luke Form 338, which will be completed by contractor and turned into 7 FSS CO for processing, and an MFR outlining employee names, schedules, times, locations. Application for DBIDS 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 Luke Form 338 & Contractor MFR): 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.

4.6.3.2 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 Fitness Center to get their MFR 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.

4.6.3.3 Base passes will be limited to the length of the contract not to exceed 1 years from the date of the MFR.

The Luke Form 338 will be reviewed/approved by the CO, then taken by the contractor employee to…