(V5) Armory PWS 30 Aug 23.docx

PERFORMANCE WORK STATEMENT

FOR

SHIPPING, FRIEGHT, AND INSTALLATION SERVICES

of the

SECURITY FORCES ARMORY WEAPONS & EQUIPMENT RACK SYSTEMS

AT

DYESS AFB, TEXAS

Effective: 30 August 2023

FA4661-23-Q-0130

Page - 15 - of 19

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide Shipping, Freight and Installation services for Dyess AFB Security Forces Armory. 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 Shipping and Installation 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 PWS. 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 and PWS. The contractor shall be responsible for maintaining communication with the contracting officer (CO), Contract Administrator (CA), and the 7 SFS Point of Contact (7 SFS POC), and to immediately notify both the CO/CA and the 7 SFS POC 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. Contractor must be experienced/qualified in installation and service for the Weapons and Equipment storage system.

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 covered under Initial install period and standard manufacturer warranty.

1.5 Place of Performance. The contractor shall perform the services in the PWS at 1001 Ave A3, Building 4201, 7th Security Forces Squadron, Dyess Air Force Base, Texas, 79607.

1.6 Specific Tasks. The contractor shall provide all labor, services, tools, materials, equipment, transportation, supervision and all requirements to provide Shipping and Installation of items in 1.6.1 - 1.6.10.

1.7 Feature Requirements.

1.7.1 Security – System must have retractable doors and locking bars to provide weapon security according to military requirements for the physical security of conventional arms, ammunition and explosives (OPNAVINST 5530.13C). Manufacturer must provide supporting documentation that a DoD authority has approved the rack for use in a small arms vault. This documentation must come on official letterhead or racks must come with an NSN (National Stock Number) on the rack. The cabinet doors must come with a rotating locking bar for security. Locking bars shall lock at a single common point and be able to accept a DoD issued and approved padlock. Key-locks are not acceptable. This system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it to defeat theft attempts.

1.7.2 Durability – Cabinets must be fully welded with heavy-gauge steel. Cabinet walls must be a minimum of 18 ga. Steel and tops and bottoms of a min. 16 ga. Steel. Cabinets must be able to be stacked two levels high. Supporting rack must be able to support a minimum of 1,000 lbs.

1.7.3 Visibility – Exterior doors and side walls must be perforated mesh to permit visible counts or weapon inventory, even when doors are closed.

1.7.4 Space-Efficiency – System must have fully retractable doors so they don’t impede aisle ways or adjoining cabinets when issuing weapons. Bi-fold doors are not acceptable as they still impede an aisle-way which could cause them to become damaged, thus leaving a potential quality issue. All racks provided must be of the same footprint to allow for flexibility and efficient use of the armory. Depth of the racks should allow for storage of weapons with any site or optic attached to the weapon with doors closed. Overall footprint should be exterior width = 42.38” (1076 mm); exterior depth = 16.25” (412 mm).

1.7.5 Flexibility – Rack system must allow for “A la Carte” configurability to allow for storage of a wide range of weapon types, gear, optics and spare barrels without making structural modifications to the rack.

1.7.6 Protection of Weapons – All components that come into contact with the weapons must be either dipped in a black poly vinyl chloride coating or made with an injection-molded thermoplastic, designed to withstand extreme temperatures and to protect weapons from abrasions.

1.7.7 Transportability – Rack system must allow for the ability to transport weapons safely and securely while stored inside the rack. Racks must come equipped with handles permanently attached to the rack sides (3 per side to allow for safe lifts in and out of vehicles) and able to withstand 500#.

1.7.8 Safety – There must not be any exposed bolts or screws or sharp edges on finished product. If barrel supports are screwed or secured in place inside the rack, they must not protrude out the back of the rack to expose any sharp edges.

1.7.9 Powder Coat Paint finish mandatory.

1.7.10 Parts and replacement – The rack system must be compatible with all parts between any new racks and all existing/older Spacesaver racks.

1.8 Manufactured Component Requirements.

1.8.1 Secure Weapons Storage Cabinets (Standard width):

Cabinet: The cabinet shall be a one-piece assembly with an outside width of 42.38” (1076 mm) a useable inside width of 36.5” (927mm) an outside height of [84] inches and an outside depth of 16.25” (412mm). The cabinet shall be constructed of 18- gauge (1.2mm) double walled upright posts welded to 18-gauge (1.2mm) flat plate steel sidewalls with a diamond mesh perforation. The back wall of the cabinet shall be constructed of 18-gauge (1.2mm) steel perforated with diamond mesh and shall be welded to the upright posts. The upright posts shall have interior attachment keyhole slots on 1.5” (38mm) vertical centers. The top cover shall be made of 16-gauge (1.5mm) steel, shall be supported by 11-gauge (3mm) steel supports, and be welded to the upright posts. The bottom cover shall be made of 16-gauge (1.5mm) steel, shall be reinforced by 11-gauge (3mm) steel supports and three 14- gauge (1.9mm) steel reinforcement ribs welded perpendicular to the supports, and be welded to the upright posts. Cabinet doors shall be heavy-duty 18-gauge (1.2mm), folding and fully retractable in the open position. The cabinet doors shall also include a diamond mesh perforation for visibility as well as rotating locking bars for security. Locking bars shall lock at a single common point.

Bases: shall be constructed of 16-gauge (1.5mm) steel.

Support Rails: Support rails shall be constructed of 14-gauge (1.9mm) steel and be punched to accept [standard], [wide], [extra wide], [long], and/or [pistol] barrel supports, as well as slat wall accessories and plastic bins for cleaning kits and optics. Support rails shall contain four (4) rivet heads that interlock with the cabinet interior attachment keyhole slots.

Barrel Supports: Barrel supports shall be constructed of 14-gauge (1.9mm) steel and dipped in black, PVC, .060-.075 thickness. Extra wide and long barrel supports to be welded assemblies.

Bin Systems: Bin systems shall be constructed of 18-gauge (1.2mm) steel.

Back Panels: Back Panels shall be constructed of 14-gauge (1.9mm) steel.

1.8.2 Heavy Duty Cage: Provide one heavy duty Wire Cage 9’-6” x 10’ 103’’ high with one 4’ sliding door on the 10’ side. With holes cut in side of cage to accommodate fire suppression system where needed.

1.8.2.1 Mesh: Thickness: 10 ga. (.135)

Design: 2” x 1” Rectangular woven wire Panels Frame: 1 ¼ x 1 ¼ x 1/8” Angle Fabrication: Mesh is securely welded to frame with flat steel stiffeners welded to frame behind mesh panels longer than 3’-6” Doors Frame: 1 ¼ x 1 ¼ x 1/8” Angle Fabrication: Mesh is securely welded to frame with flat steel stiffeners welded to frame for extra strength where needed Post Material: 2 x 2 x 14ga. Square Tubing Fabrication: ¼ x 2” x 7” plate welded at base of post.

Hardware Shall be 3/8” standard thread grade two plated for panel connections. Door hardware shall be ¼” x 1” self-drilling screws. 3/8” floor anchors and all other hardware furnished with each job.

1.8.2.2 Cage Finish

Non plated parts shall receive one prime coat of gray alkyd enamel electrostatically applied. Product is finished for interior applications.

1.8.3 M4 Series & M18 Pistol Weapons Racks

1.8.3.1 The facility will contain 14 weapons racks each being able to contain 20 M4 series rifles and 20 M18 pistols on 2 levels. The M4s will be double spaced to accommodate a flashlight, PEQ-15 laser, ACOG sight, and vertical fore-grip on the handguards. The M4s will be stored in the buttstock down muzzle up position with the barrel held by an adjustable height cradle. The M18 pistol will be stored via an adjustable height barrel rod attached to the back wall of the rack above the M4 rifles on both levels. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.8.4 M249 Weapons Racks

1.8.4.1 The facility will contain 2 weapons racks each being able to contain 12 M249 Machine Gun systems on 2 levels in the buttstock down muzzle up position to include a spare barrel and bag for each weapon system. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements. The rack system would have attached inside adjustable cradles to secure the barrel for different variations of barrel lengths to secure the weapons properly while in storage in an upright position. The rack system would have attached on the back wall behind and underneath the barrel cradles adjustable height hook cradles to secure each weapons spare barrel and bag while in storage in a buttstock down muzzle up position.

1.8.5 M240B Weapons Racks

1.8.5.1 The facility will contain 2 weapons racks each being able to contain 6 M240B Machine Gun systems to include a spare barrel and barrel bag in each slot. The M240B must be stored in buttstock down muzzle up with the barrel secured via an adjustable height barrel cradle in each slot. This rack will also include above the M240Bs 5 levels of open style adjustable height shelves to store ancillary equipment. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.8.5.2 The rack system would have attached on the back wall behind and underneath the barrel cradles adjustable height hook cradles to secure each weapons spare barrel and bag while in storage in a buttstock down muzzle up position.

1.8.6 M870 Shotgun Weapons Racks

1.8.6.1 The Facility will contain 1 weapons rack being able to contain 10 M870 Shotguns in a buttstock down muzzle up position secured while stored via a barrel and buttstock cradle. This rack will also include above the shotguns 5 levels of open style adjustable height shelves to store ancillary equipment. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.8.7 M320 Weapons Racks

1.8.7.1 The facility must contain 1 weapon rack being able to contain 40 M320 Grenade Launcher systems on 4 levels in a slotted style manner with the weapon system stored in the buttstock down muzzle up sight system facing inward. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.9 M4 POW (20) Rack

1.9.1 The facility must contain 1 weapon rack being able to contain 20 M4 series rifles on 2 levels. The rifles must be stored in the buttstock down muzzle up position with and adjustable height barrel cradle attached to the back wall of the cage on both levels. The rack system must be doubled spaced to accommodate for weapons attachments on the side of rifles and optics. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.9.2 TALL POW Rack (SHTGN (10)/POW 15)

1.9.2.1 The facility must contain 1 weapon rack being able to contain 10 Privately owned Tall rifles or shotguns up to 52’’ long being stored in the buttstock down muzzle up position and be double spaced to accommodate for weapons attachments on the sides and optics on the 1st level and the 2nd level above the rifle storage will contain cubbie style storage with adjustable height shelves that are 3 rows wide and 5 rows high for inside the rack to accommodate privately owned pistols. The racks must also include height adjustable barrel cradles to accommodate different height rifles that can be easily adjusted. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.9.3 M4 (10)/POW (21) Pistol cubby Rack

1.9.3.1 The facility must contain 1 weapons rack being able to contain 10 M4 series rifles being stored in the buttstock down muzzle up position and be double spaced to accommodate for weapons attachments on the sides and optics on the bottom level. The top level of the rack must contain a cubby style shelving above the rifles that are 3 rows wide 7 rows high of adjustable height shelves to accommodate privately owned pistols in their respective spaces. This Rack system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.10 Steel Equipment Shelf

1.10.1 The Facility must contain 2 Steel equipment Shelves inside the Caged room as described in section 1.8.2. The Shelf must be 88 ¼’’ x 42’’ x 30’’ with 4 shelves inside that are 19 ¾’’ high on the 1st, 2nd, and 4th levels and the 3rd level height being 21 ¼’’ high to accommodate ancillary equipment storage. This shelving system must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.11 Wood-Top Cubbies Style Countertop

1.11.1 The facility must contain 2 steel cubbies style racks that is 37 ¼’’ x 42’’ x12’’ placed side by side on the wall underneath the arming windows with a 2’’ thick work bench heavy duty wood countertop bolted to the racks. The rack will contain cubbies that are 4 spots high 6 spots wide with each cubby being 8 ¼’’ high and 12’’ deep to store a radio, 4 M4 magazines, 2 M18 magazines, and a baton in each slot. This rack/countertop must be permanently secured to the floor with bolts and secured to adjacent rack systems attached to it and still meeting above manufacture component of section 1.7 and 1.8 build requirements.

1.12 MILITARY TESTING FOR RACKS (Mandatory)

1.12.1 Racks must have passed the most stringent military tests, included but not limited to the “Basic Shock/Accidental Load Test” and meets the requirements of OPNAVINST 5530.13B and AR-190-11. The rack doors were also cycle tested (50,000 cycles) and passed with no identified problems. Must supply test reports with proposal.

1.13 PAST PERFORMANCE VALIDATION FOR RACKS (Mandatory)

1.13.1 Offer must provide a minimum of 5 references of projects completed according to these specifications. References must include name, phone number and the quantity of racks supplied. Offer must also supply the name, address, phone and contact information for local servicing dealer. Offers must provide proof that racks have been in use for a minimum of 3 years to demonstrate product performance. Manufacturer of Racks must be ISO 9001 certified. Complete product specifications, tech data sheets, etc., must be provided with proposal to illustrate compliance with each line-item requirement as listed above.

1.13.2 The contractor shall provide Email Support.

1.13.8.3 use of the System in a manner for which it was not designed;

1.13.8.4 accident, negligence, or misuse of the System

1.13.8.5 operation outside of environmental specification;

1.13.9 Contractor must be experienced/qualified in servicing the weapons and Equipment rack systems.

1.13.10 All Work shall be in accordance with the manufacturer’s requirements.

1.13.11 Contractor must have all employees badged at the Dyess AFB Pass and Registration Section to work on this contract. All personnel will undergo a background check (note: there is a minimum 72 hours required for processing checks). Any persons denied entry during the background check, will not be permitted on the base for any reason. All contractor personnel who are cleared for entry will receive a contractor’s badge and register all vehicles in accordance with current guidelines

1.13.12 All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agency/customer.

1.13.13 All routine work shall be completed in one week.

1.13.14 The Government requires all documentation be in either Microsoft Excel or Microsoft Word.

1.14 Historical Data - N/A

1.15 Minimum Qualifications. Contractor must be experienced and qualified in installing and servicing the Weapons and Equipment Rack systems.

1.15.1 All Work shall be in accordance with the manufacturer’s requirements.

1.16 Deliverables.

1.16.1 Below is a list of deliverables under this contract. .

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 2 workdays of receipt.

1.17 Contractor Travel – N/A

1.18 Contractor Phase-In and Phase-Out Transition – N/A

1.19 Small Business Subcontracting Program – N/A

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).

2.4 Performance Assessment.

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

2.4.2 Customer Complaints. The Armory NCOIC will receive and investigate all complaints and shall be responsible for validating all complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the Armory NCOIC 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. The Armory NCOIC reviews results of the contractor’s accepted quality management system audits and related quality metrics.

2.5 Quarterly Progress Meetings. – N/A

2.6 Armory NCOIC. The Armory NCOIC is the representative 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 Armory NCOIC and setting forth their duties and authorities. The Armory NCOIC 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.

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

2.8.2 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 ~ N/A

Security Police and Fire Protection. Phone number for Security Forces Squadron, 911 or commercial 325.696.2131; 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: 0730 - 1630 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 perform routine services on Recognized 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.

4.2.1 Work Schedules, Leave, and Absences. Monthly schedules will be provided for the upcoming work month to the 7 SFS POC. Any changes in the schedule shall be coordinated between the Contract Manager and the 7 SFS POC.

4.2.2. 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.

4.2.3. 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.

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.-N/A

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.

Contingency Plan. The Contractor shall submit a contingency plan to the CO at contract start date, which explains how the contractor will expand operations in emergency or contingency situations to ensure all services are provided, how the contractor will ensure there are no interruptions of routine contract services due to labor disputes. Such plan shall be approved by the CO prior to contractor assuming duties under this contract.

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.

4.4.1. 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.

4.4.2. 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, and gloves.

4.4.3. 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.

4.5 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 this 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.~ N/A

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 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 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.

4.6.13 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.

4.6.14 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 (refer to Dyess AFB Contractor Antiterrorism Awareness pamphlet) to Security Forces at 911 in a timely manner.

4.7.2. 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.

4.7.3. 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 of service 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.

SECTION VI APPENDIX 1

DEFINITIONS

Contract Administrator (CA). The individual within the contracting office who performs the day-to-day administration of the contract. The contract administrator may also be the contracting officer.

Contracting Officer (CO). The duly appointed Government agent authorized to award or administer contracts. The contracting officer is the only person authorized to contractually obligate the Government.

Corrective Action Report (CAR). Used to document unacceptable performance by the Contractor.

Defect. Any non-conformance with requirements specified in the contract.

Defective Service. A service output that does not meet the standard of performance specified in the contract for that service.

Fair Wear and Tear. The deterioration of items attributed to normal usage.

Major discrepancy. A major finding is defined as a condition that would endanger personnel, jeopardize equipment or system reliability, affect safety of flight, or warrant discontinuing the process or equipment operation.

Minor discrepancy. A minor finding is defined as an unsatisfactory condition that requires repair or correction, but does not endanger personnel, affect safety of flight, jeopardize equipment reliability, or warrant discontinuing a process or equipment operation.

Performance Assessment. A process that measures success towards achieving defined performance objectives or goals defined within the performance thresholds in the services summary or the process of assessing progress towards achieving the objectives/goals developed in a performance plan or partnering agreement.

Performance Management. The use of performance measurement information to effect positive change in organizational culture, systems, and processes, by helping to set agreed upon performance goals, allocating and prioritizing resources, informing managers to either confirm or change current policy or program directions to meet those goals, and sharing results of performance in pursuing those goals.

Performance Objective. The outcome associated with successful contract performance in a specific area. This is a critical success factor in achieving the organization’s mission, vision and strategy which, if not achieved, would likely result in a significant decrease in customer

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Page - 19 - of 19 satisfaction or risk mission failure. Obtaining multi-services/sub-services performed at a certain measurable standard and consistently ensures success in achieving the objectives critical to the mission.

Performance Threshold. The minimum performance level of a performance objective required by the Government.

Quality Assurance (QA). Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Combat Arms NCOIC. Individual who monitors a Contractor on a daily basis and who is involved in every aspect of a contract to ensure the Contractor is in compliance with that contract.

Quality Assurance Program Coordinator (QAPC). The individual designated by the contracting squadron commander to manage the installation QA program.

Quality Control (QC). Those actions taken by a Concessionaire to control the performance of services so that they meet the requirements of the PWS.

Services Summary (SS). A summary of the performance objective and performance threshold required by the Government in concessionaire performance. Also known as a Performance Requirements Summary or Services Delivery Summary or Performance Requirements Document.

Standard. An exact value, a physical entity, or an abstract concept, established and defined by authority, custom, or common consent to serve as a reference, model, or rule in measuring quantities or qualities, establishing practices or procedures, or evaluating results. A fixed quantity or quality. A defined measure of comparison.

ACRONYMS

NCOIC Non-commissioned Officer In Charge CATM Combat Arms Training and Maintenance

APPENDIX 3 GOVERNMENT FURNISHED FACILITIES

GOVERNMENT FURNISHED FACILITIES: N/A