Atch3PWS20170517.pdf

F5000-17-R-0005 Attachment 3

PERFORMANCE WORK STATEMENT

FOR

PREVENTATIVE MAINTENANCE & REPAIR SERVICES OF

AIR COMPRESSORS

AT

JOINT BASE ELMENDORF-RICHARDSON

(JBER), ALASKA

4 APRIL 2017

Rev 3

Page 2 of 25 FA5000-17-R-0005

Table of Contents

1.0 SECTION I DESCRIPTION OF SERVICES

1.1 General Page 3

1.2 Background Page 3

1.3 Objectives Page 3

1.4 Scope Page 3

1.5 Inherently Governmental Function Page 3

1.6 Period of Performance Page 4

1.7 Specific Tasks Page 4

1.8 Parts & Materials Page 5

1.9 Invoicing Page 5

1.10 Deliverables Page 6

2.0 SECTION II SERVICE SUMMARY

2.0 Service Summary Page 7-8

3.0 SECTION III GOVERNMENT FURNISHED PROPERTY , EQUIPMENT AND SERVICES

3.1 Government Furnished Services Page 9

4.0 SECTION IV GENERAL INFORMATION

4.0 General Information Page 10-20

5.0 SECTION V APPENDICES AND EXHIBITS

5.1 Appendix 1, Definitions, Acronyms Page 20-21

5.2 Appendix 2, Workload Estimate Page 22

5.3 Appendix 3, Notification of Cost Repair/Proposal Worksheet Page 23

5.4 Appendix 4, Air Compressor Inventory Page 24

5.5 Appendix 5, Sample Maintenance Action Sheet Page 25

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SECTION I

1.0. DESCRIPTION OF SERVICES

1.1. General. This is non-personal services contract to provide preventative maintenance and repair services for air compressors (DOES NOT INCLUDE BREATHABLE AIR SYSTEM COMPONENTS) and associated air dryers. 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. Overview Description of Services. The Contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, parts (identified herein), supervision, and other items and non-personal services necessary to perform “Preventative Maintenance” (PM) & Repair of air compressors and associated air dryers as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this PWS. This includes the planning, coordination, and surveillance of all activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasks contained in this PWS.

The Contractor shall be responsible for maintaining communication with the Contracting Officer (CO) and the Contracting Officers Representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this PWS. 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

PWS.

1.2. Background. Air compressors are located throughout JBER in various sizes, uses and manufacturers. The government relies upon commercial sources to provide the desired quality of maintenance services.

1.3. Objectives. The basic service objectives are: 1) Satisfactory performance of all services under this PWS consistent with all terms of the PWS 2) Perform all services according to the timelines outlined herein, and 3) Provide all information required by the PWS and to notify the government of any additional issues affecting the health, safety or welfare of all JBER occupants related to the performance requirements of this PWS.

1.4. Scope. The contractor shall provide all management, personnel, equipment, manuals, tools, parts, transportation, supervision, and other items and services necessary to perform required preventative maintenance (PM) services as well as accomplishing service calls (routine and emergency) for air compressors and associated air dryers covered under this PWS. The contractor shall have experience in the maintenance, inspection, and repair of air compressors and associated air dryers. The estimated workload quantities for the air compressors are located in Appendix 2 (Workload Estimates). This data is provided for estimating use only. The type (reciprocal or centrifugal), size (capacity/horsepower) or quantity may vary during the course of the contract. Any significant increase (10%) to the type (reciprocal or centrifugal), size (capacity/horsepower) or quantity will be addressed through negotiation. The actual location and make/model/serial numbers may change as equipment is moved and/or replaced. When this occurs contractor shall perform required services and include the new identification data on the checklist provided to the COR as required by Paragraph 1.7.1.2 of this PWS.

1.4.1. Contractor Cleanup: The contractor shall maintain and secure work areas in or near work sites, and storage areas and keep them free from accumulations of material and rubbish. Any hazardous or environmental waste generated from work performed shall be handled in accordance with Paragraph 4.26 of this PWS upon completion of the job, the contractor shall restore the premises to its original condition.

1.5. Inherently Governmental Function. The Contractor shall not perform inherently governmental functions.

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1.6. Period of Performance. Refer to solicitation/contract for the period of performance.

1.7 . Specific Tasks. There are two specific task types: Preventative Maintenance (PM) and Service Calls.

No work shall exceed 32 hours without CO approval.

1.7.1. Preventative Maintenance Services. Preventative maintenance performed on air compressors and associated air dryers shall be in accordance with this PWS recommendations to ensure continuous and proper operation. Preventative maintenance services shall be inclusive of all parts, materials and labor required to perform scheduled PM tasks for air compressors and associated air dryers listed in Appendix 4. Contractor’s preventative maintenance responsibilities include all air compressors and associated air dryers/components up to and ending at the first isolation valve connected to the main service line(s). Contractor shall notify the COR in writing any time air compressors or associated air dryers require repairs that exceed PM requirements, and provide an estimate of the time, parts, and materials needed to complete work in the format outlined in Appendix 3.

1.7.1.1. Preventative Maintenance Schedule. The contractor shall provide a Quarterly PM Schedule by month identifying quarterly and annual services to be performed in accordance with Appendix 4. All air compressors/air dryers 10 Horse Power (HP) and above shall receive three (3) Quarterly and one (1) annual PM. All other air compressors/air dryers, unless otherwise identified in Appendix 4, shall be maintained with one (1) annual PM. The contractor shall provide the first Quarterly PM Schedule to the COR for acceptance no later than five (5) business day after contract start and ten (10) business days prior the start of the next quarter and subsequent reports. Changes to the PM schedule shall be submitted in writing to the COR or CO prior to the previously scheduled PM date. In no case shall a required quarterly maintenance service be scheduled less than 80 calendar days from last completed inspection or exceed 100 calendar days from last completed inspection; annual PM shall not be scheduled at a frequency less than 355 calendar days ,and not to exceed 375 days, between inspections.

1.7.1.2. Preventative Maintenance (Maintenance Action Sheets). A “Maintenance Action Sheet” (MAS) shall be filled in at the time PM services are performed to include the location, service performed, and serial number of air compressor receiving services. The Contractor shall provide a copy of the completed MAS to the COR at the end of each week PM was performed. Appendix 5 Sample Maintenance Action Sheet is provided as an example of minimal information shall be provided. Format compatible with Microsoft Office Excel or a format approved by the COR.

1.7.1.3. Repairs over 65% of value. Air Compressors with a single repair estimate exceeding 65% of replacement cost or a trend of 3 or more repairs to include estimate that exceeds 65% in a contract year shall not be repaired but rather the Contractor shall submit a replacement proposal IAW Para 1.8 of this PWS.

Trend Example: unit value $1,000 repair one cost $275 repair two cost $200 and repair three estimated cost $230.

The total of two repairs plus the estimate for repair three exceeds the 65% replacement consider replacement.

1.7.2. Service Calls. Service calls for the purpose of this contract are defined as the emergency and routine repair work outside PM requirements for keeping all air compressors and associated air dryers operational. Contractor shall respond to service calls in accordance with Paragraph 1.7.2.2 of this PWS. Contractor shall provide a purchase order request to the COR on company letterhead and obtain COR approval prior to purchase of parts/materials for service calls in accordance with procedures in Paragraph 1.8 of this PWS. CE shall notify contractor by a method agreed to by both parties and provide a reference number for each service call request.

The contractor shall provide a 24/7 point of contact for all “Service Calls”. Contractor shall utilize the “Service Call Number” provided by CE, to track all calls and to reference with on all documents or other correspondence invoices and, from notification to completion, and shall be referenced on all parts/materials requests and invoices.

Information will also be utilized to complete the monthly ”Status Report” IAW 1.10.4.

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1.7.2.1. Service and Repair Call Delays. When delays due to government actions, or needed parts not being readily available are encountered, contractor shall leave the equipment in a safe condition in compliance with OSHA lockout/tag-out requirements and procedures. The contractor shall immediately notify the COR of delayed repairs and provide an estimated time of parts delivery or repair completion.

1.7.2.2. Service Call Categories. Contractor shall, as a minimum, respond to emergency and routine service call categories identified below.

1.7.2.2.1. Emergency Service Call. Emergency Service Calls for the purpose of this contract are identified as failures or deficiencies that constitute an immediate safety issue, health hazard, risk of property damage, or threat to the environment; or threaten to disrupt activity, operations, and/or training missions.

The Contractor shall respond to emergency calls within three (3) hours of notification, including after normal duty hours, weekends and federal holidays, and complete all work in a timely manner and without delay

1.7.2.2.2. Routine Service Call. Routine service calls for the purpose of this contract are defined as those maintenance deficiencies that do not meet the criteria identified in paragraph 1.7.2.2.1. The Contractor shall respond to routine service calls within eight (8) hours of notification and complete work within five business days of notification. The contractor shall immediately notify the COR when parts cannot be acquired locally and must be placed on back-order. The contractor shall notify the COR when parts are received. The contractor shall schedule to complete work, five business days from receipt of parts. Service calls received before 1200 Noon (12:00 pm) shall be responded to on the day a call is received and service calls received after 1200 Noon shall be responded to by the next business day.

1.7.2.2.3. Labor. Labor time/charges shall commence when the contractor personnel arrive at the jobsite.

1.8. Parts & Materials.

1.8.1. Acquisition. When acquiring parts/materials, the contractor shall submit a purchase request on company letterhead and obtain COR approval prior to purchase. All parts and materials shall be new Original Equipment Manufacturer (OEM) replacement parts or equal and be “UL” (Underwriters Laboratories) approved / listed. The contractor shall purchase parts and materials at the lowest price obtainable through “Competitive Price Comparison. All discounts and rebates shall be credited to the Government. The contractor shall provide a copy of the original supplier’s invoice, tickets, sales slips, service call number where parts were utilized, or other documents, identifying items for payment for a pre-approved purchases. The contractor invoice shall include only actual costs of parts and materials purchased. (See section 1.9. Invoicing) Contractor shall obtain CO approval prior to purchase of parts/materials exceeding $2,500.00. At no point shall the cost for materials to repair the air compressor and associated air dryer exceed 65% of replacement cost.

1.8.2. Payment for Pre-Approved Purchases. Payment will only be made after the approved parts/materials are incorporated into work required by this PWS and accepted by the COR. Contractor will only be paid for the actual price paid for parts/materials required to complete a service call. Parts/materials invoice shall not include any additional markup beyond the price of the item. All discounts and rebates shall be credited to the government.

1.8.3. Competitive Price Comparison. The Contractor shall provide “Supporting Documentation” for proof of competitive pricing by the submission of quotes from three (3) independent vendors’ or offerors to support the proposed purchase of the applicable part(s) with the repair “Proposal Data”. (See; PWS section 1.8.1.) Upon approval, when Invoicing, only the purchased item(s)’ sales ticket or receipt shall be uploaded into the WAWF system.

1.9. Invoicing. Invoicing shall be completed through Wide Area Work Flow (WAWF) monthly for the previous month’s performance and pre-approved parts/materials. The contractor shall only submit invoices for payment for parts and materials against completed service calls. Service calls are considered complete when work is accepted and service call documentation is signed and dated by the COR or facility manager. Each invoice for parts/materials shall be supported in WAWF by an uploaded copy of the original supplier’s invoice, tickets, sales slips or other documents identifying items purchased, and the COR approved purchase request reflecting the

Page 6 of 25 FA5000-17-R-0005 building number, serial number of equipment where parts were installed and service call number generating the requirement.

1.10. Deliverables. Below is a list of deliverables under this contract.

Support Area Title Delivery Date/Description

Technical Reports Maintenance Action Sheet (MAS) (Completed PM checklists)

As Stated in Section 1, Paragraph 1.7.1.2

PM Schedule PM’s Schedule Quarterly/Annual Scheduled month and day when PM is to be performed.

As Stated in Section 1, Paragraph 1.7.1.1

Technical Reports Routine/Emergency Service Call Status Reports

As Stated in Section 1, Paragraph 1.10.4

Technical Reports Maintenance logbook Maintained in Mechanical room.

As Stated in Section 1, Paragraph 1.10.3

1.10.1 Data. The Government has unlimited rights to all deliverables of this contract.

1.10.2 Inspection. Deliverables will be inspected by the Government based on content or frequency of reports.

1.10.3. The contractor shall maintain a maintenance logbook for all work performed on each air compressor and associated air dryer, retained in the proximity of each air compressor, with the arrival and departure date/time from work site, work performed, inspection findings and technician signatures annotated legibly in the logbook.

1.10.4. Contractor shall submit a monthly Routine/Emergency Service Call “Status Report” compatible with Microsoft Office Excel or a format approved by the COR containing each service call by the Service Call Number, type of call, labor hours to complete service call, parts/material costs, date received, current status, and date completed. This report shall cover the previous month’s activities and be provided to the COR no later than the 5th workday of each month.

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SECTION II

2.0 SERVICE SUMMARY

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.

Performance Objective

PWS Paragraph Performance Threshold

Method of Surveillance

SS-1.

Preventative Maintenance

Schedule (Quarterly/Annual)

Section I, Paragraph. 1.7.1.1

No more than 3 defects per quarter.

Periodic Inspection Random Inspection

SS-2. Preventative Maintenance Services.

Section I, Paragraph 1.7.1

No more than 3 defects or 1 valid complaint per quarter.

Periodic Inspection Customer Complaint Random Inspection

SS-3. Service Call Repairs (Including Emergency Calls)

Section I, Paragraph 1.7.2

No more than 3 defects or 1 valid complaint per quarter.

Periodic Inspection Customer Complaint Random Inspection

SS-4. Submit Maintenance Action

Sheets and Status Report timely and accurately

Section I, Paragraph 1.7.1.2, 1.10.4

No more than 3 defects or 1 valid complaint per quarter.

Periodic Inspection Customer Complaint Random Inspection

2.1 Periodic Inspection: This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s incorporated Quarterly Preventative Maintenance Schedule (QPMS), , PWS paragraph 1.7.1.1.

Periodic surveillances will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted based on quality trends. The QPMS or modified version thereof shall be used for COR scheduled inspections and the results documented.

2.1.1 Any unsatisfactory inspection (defect) results shall be recorded and the Contractor shall re-perform the service within two (2) hours after notification.

2.1.2 Exceeding the performance threshold for any of these performance objectives in any one month period shall result in a warning or letter of concern from the CO.

2.1.3 Exceeding the performance threshold of these performance objectives, in any combination for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team (MFT). All remedies shall be IAW the Federal Acquisition Regulation (FAR) 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance. Government reserves the right to seek an equitable price adjustment for non-performed areas and government administrative costs.

2.2 Customer Complaints: The COR will receive and investigate complaints. The COR shall be responsible for initially validating customer complaints. The CO shall make final determination of the validity of customer

Page 8 of 25 FA5000-17-R-0005 complaint(s) in cases of disagreement between the COR and the Contractor. Validated customer complaints shall be re-performed within two (2) hours of notification, if performance can be completed without detrimental impact on customer.

2.2.1 Exceeding the performance threshold for performance objectives in any one month period shall result in a warning or letter of concern from the CO.

2.2.2 Exceeding the performance threshold for performance objectives for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the MFT. All remedies shall be in accordance with the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

2.3 Random Inspection: Random Inspection is a COR evaluation method designed to evaluate some part, but not all, of the contract requirement being monitored. Using random surveillance, any occurrence of a contract requirement is as likely to be evaluated as any other occurrence. With this type of surveillance, the Contractor is unable to guess which occurrences of work are most likely to be evaluated. Evaluations are conducted by the COR. Results are compared to performance standards to check conformance. Any unsatisfactory inspection results shall be recorded and the Contractor shall re-perform the service within a reasonable time as determined by the CO.

2.3.1 Exceeding the performance threshold for any of these performance objectives in any one month period shall result in a warning or letter of concern from the CO.

2.3.2 Exceeding the performance threshold of these performance objectives, in any combination for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team (MFT). All remedies shall be IAW the Federal Acquisition Regulation (FAR) 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance

2.3.3. Remedies for Non-Conformance: If inspections indicate unacceptable performance, the COR will notify the contractor’s contract manager of the deficiencies for correction. The contractor shall be given an appropriate time frame (depending on the discrepancy identified) after notification to correct the unacceptable performance. Re-performance at no additional cost to the government is the preferred course of action for the government to satisfy performance requirements; however, the government reserves the right to determine performance was unsatisfactory without requesting re-performance. Government reserves the right to inspect after re-performance is completed. If deficiencies are not corrected within the required time frame, the COR should notify the CO for action. If the contractor disagrees with the noted discrepancy and an agreement cannot be reached, the CO shall be notified for a final decision. When re-performance is not possible, contract price may be reduced to reflect the reduced value of the services performed.

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SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1. Government Furnished Services. The Government will provide the following limited services:

emergency medical, security, telephone, utilities, and access to information.

3.1.1 Emergency Medical Services. For fire, police and medical emergencies, contractors shall phone 911All mishaps will be promptly reported to the base safety office through the CO/COR.

3.1.2 Security Police and Fire Protection. Phone number for 673rd Security Forces Squadron, 552-4444; Fire Protection, 911. Security, Fire and Medical Services. Government will provide police and fire protection.

In the event of a medical emergency, base ambulance service for transporting an injured employee to a local hospital is available on a cost reimbursement basis.

3.1.3 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.

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SECTION IV

4.0 GENERAL INFORMATION

4.1 Recognized Holidays. Contractor is required to perform emergency service calls on holidays.

New Year’s Day Martin Luther King Jr’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

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

4.2 Hours of Operation. The contractor shall be available to respond on a 24 hour-a-day basis, including weekends, holidays, and other non-duty periods and shall be prepared to sustain continuous operations when directed by the CO/COR or as dictated by mission requirements. The majority of preventative maintenance and service calls are expected to be performed during normal business hours on JBER which are 0730 to 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. Deployments, mobilizations, or natural disasters may require expanded operating hours. In the event regular service schedules fall on a Federal holiday, services shall be performed on the next work day or as scheduled by CO/COR.

4.3 Place of Performance. The work to be performed under this contract will be performed at Joint Base Elmendorf-Richardson and all associated facilities/areas outlined herein.

4.4 Contract Manager.

4.4.1 The Contractor shall provide a Contract Manager (CM) and alternate(s) who are knowledgeable of Air Compressor and Air Dryer maintenance. The Contractor shall submit the name, address, telephone number and a resume of the Project/Contract Manager to the Contracting Officer within two days of contract start date. The list shall be kept current throughout the life of the contract.

4.4.2 The contract manager or alternate(s) shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

4.4.3 The contract manager or alternate(s) shall be available within two (2) hours to meet on the installation with Government personnel designated by the CO to discuss problem areas.

4.4.4 The contract manager and alternate(s) shall be able to read, write, and speak English.

4.5 Contractor Employees:

4.5.1 Alcohol/Drug Use. The consumption of alcoholic beverages or illegal drugs by Contractor personnel, while on duty, is strictly forbidden. The Contractor shall immediately remove any employee who is under the influence of alcohol or drugs. Smoking shall be allowed in designated areas only. Smokers shall follow all rules/procedures/guidelines of JBER.

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4.5.2 Appearance. Due to interaction with Distinguished Visitors, Contractor personnel shall present a neat appearance.

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

4.5.4 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 Government request.

4.5.5 English Language. Employees who deal directly with customers will be required to effectively communicate with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks. The Contract Manager will be required to read and write English.

4.6 Use of Government Employees.

4.6.1 Conflict of Interest. 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.

4.6.2 Employment of Spouses/Dependents. The Contractor shall not employ any person who is a spouse or dependent child of a Department of the Air Force or Department of Army 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.

4.6.3 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.

4.7 Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

4.8 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. In the case of any potential OCI or PCI, the contractor shall immediately notify the CO and consult FAR Part 9.5 for more information.

4.8.1 Access To and Use of Government Information. If the Contractor, in the performance of this contract, Page 12 of 25 FA5000-17-R-0005 obtains access to information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, (b) compete for work based on such information after the completion of this contract, or until such information is released or otherwise made available to the public, whichever occurs first, (c) submit an unsolicited proposal to the Government which is based on such information after such information is released or otherwise made available to the public, or (d) release such information unless such information has previously been released or otherwise made available to the public by the Government.

4.8.2 Access To and Protection of Propriety Information. The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as “proprietary data”) under this contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure.

4.8.3 Non-Disclosure Agreement. In addition, the Contractor shall obtain from each employee who has access to proprietary data under this contract, a written non-disclosure agreement which shall provide that employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this contract. The Contractor will educate its employees regarding the philosophy of Part 9.505-4 of the Federal Acquisition Regulation (FAR) so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided in this PWS.

4.8.4 Subcontracts. The Contractor shall include this or substantially the same clause, including this paragraph, in consulting agreements and subcontracts of all tiers. The terms “Contract,” “Contractor,” and “Contracting Officer,” will be appropriately modified to preserve the Government’s rights.

4.8.5 Disclosures. If the Contractor discovers an organizational conflict of interest or potential conflict of interest as contemplated by FAR 9.5 before or after award, a prompt and full disclosure shall immediately be made in writing (before award if applicable) to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

4.8.6 Remedies and Waiver. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract; the Government may terminate this contract for default, disqualify the Contractor for award or for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or the contract. If, however, in compliance with this paragraph, the Contractor discovers and promptly reports an OCI or potential OCI subsequent to contract award, the CO may terminate this contract for the convenience of the Government if such termination is deemed to be in the best interest of the Government.

4.8.7 Modifications. Prior to contract modification, when the PWS is changed to add new work or the period of Performance is significantly increased, the CO may require the Contractor to submit either an OCI disclosure or an update of the previously submitted disclosure or representation.

4.9 Privately Owned Vehicles. Each Contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the State of Alaska. 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.

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4.10 Safety Equipment. The contractor is solely responsible for compliance with OSHA standards for the protection of their employees. The Contract Manager (CM) shall ensure specific safety requirements in AFOSH standards and Air Force technical orders are complied with by contractor personnel when non-compliance would clearly present the potential to harm or damage Government resources. (See AFI 91-301, paragraph 9 and AFI 21-101 paragraph 2.16.) The Air Force is not responsible for ensuring that contractors comply with “personal” safety requirements that do not present the potential to damage Government resources. The contractor shall furnish personal safety equipment for its employees in performance of this contract. Safety equipment includes but is not limited to shoes or boots, eyewear, respirators, and gloves and any other equipment necessary IAW applicable regulations.

4.11 Safety Threats. The Contractor shall not employ persons for work on this contract if such employees are identified to the Contractor by the CO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

4.12 Substance Abuse Testing. Contractor employees shall be subject to substance abuse testing as a result of a mishap investigation when an individual’s actions or inactions are suspected as factors in a mishap sequence.

The CO/FC may identify the employees to be tested and the drugs and substances for which those employees must be tested. The service provider shall accomplish the specified testing using a certified (i.e., a certified lab that meets Department of Health and Human Services (DHHS)/ Substance Abuse and Mental Health Services Administration (SAMHSA) certification) medical substance abuse testing facility within 24 hours. If alcohol is suspected, security forces will be contacted for immediate investigation. Results of the test(s) shall be provided to the Government solely for the purpose of completing an investigation.

4.13 Contractor Identification. The Contractor shall ensure all employees are clearly identified as Contractors through the wear or display of clothing bearing the name of the company, or wearing of badges that contain the company name and employee name.

4.14 Security Requirements: The contractor shall abide by JBER security requirements.

4.14.1 Contractor Access to Air Force Installations.

4.14.1.1 During performance of the contract, the Contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the worksite. The contractor shall comply with all requirements and procedures IAW AFI 31-101, Integrated Defense, AFMAN 31-113 Installation Perimeter Access Control and JBERI 31-113 Base Access Program. All documentation shall be submitted at the post-award conference.

Immediately upon termination of employment or contract, all Government issued passes and/or ID cards shall be turned in to the CO.

4.14.1.2 The contractor shall contact Air Field Management Office (AFM) at 552-2444/2366/2107 Bldg. 11368 to schedule Airfield Driving Training. This process is required for all contractors needing access to facilities in the airfield area. Airfield driving training is an annual requirement and gate access codes are provided upon completion of training. The gate codes are controlled and may not be shared with individuals that have not accomplished training. If codes are given to personnel without the training it will result in security violation.

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

4.14.3. Contractor Vehicle Access. All contractor vehicles are required to enter JBER through the Post Road gate for mandatory vehicle inspections.

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4.14.4. Manpower Reporting. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.

The contractor is required to completely fill in all required data fields at http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance for 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.

4.15 Key Control.

4.15.1 Procedures. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons.

NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

4.15.2 Lost/Duplicated Keys. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due the Contractor.

4.15.3 Authorized Use. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

4.15.4 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

These procedures shall be included in the Contractor’s Quality Control Plan.

4.16 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.

4.17 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.

4.18 Quality Assurance. The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the http://www.ecmra.mil/

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Government must do to ensure that the Contractor has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.19. Multifunction Team (MFT). The Contract Manager with the Contracting Officer, Contract Administrator, COR personnel, and other Government personnel shall meet on a regular basis. The team will establish how often meetings are needed based on contract complexity. The Contractor may request a meeting with the Contracting Officer when the Contractor believes such a meeting is necessary. If the Contracting Officer or Contract Administrator deems necessary, written minutes of any such meetings shall be recorded by the Contract Administrator in the contract file and signed by the Project Manager and the Contracting Officer or Contract Administrator. If the Contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the Contracting Officer within 10 calendar days following receipt of the minutes.

4.20. Contract Discrepancies. The Government COR or CO will periodically evaluate the Contractor’s performance using the methods of surveillance listed in Section II – Service Summary of the PWS. Government personnel will record all surveillance observations. 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. If the Contractor challenges the validity of any observation, and the COR and Contract Manager cannot come to an agreement, the complaint in question shall be forwarded to the Contracting Officer for resolution. The preferred method of dealing with any valid observation is re-performance, if possible, and at no additional cost to the Government. Repeat observations or an incident that violates safety or environmental regulations shall require the COR to instigate a Corrective Action Report (CAR) through the Contracting Officer. The Contractor shall respond to the CAR within ten (10) business days with either; an explanation on why it disagrees with the CAR or, with its concurrence with the CAR, detailing any disciplinary action taken, and or a mitigation plan to avoid similar or repeat occurrences.

4.21. 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 Contracting Officer. 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.

4.22. 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.

4.22.1. 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. Any and all environmental permits required for any of the Contractor’s operations or activities would be subject to prior concurrence of 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 operation, including terminating this Contract, without liability or penalty.

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4.22.2. 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 Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections.

The Government normally will give the Contractor twenty-four (24) hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.22.3. 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.

4.23. 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.

4.23.1. 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.

4.24. 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 PACAF FOIA Manager to ensure proper processing and compliance with the Act.

4.25. 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.

4.26. Hazardous Materials.

4.26.1. Prior to use, the Contractor shall provide the Base Hazardous Material Pharmacy and 773 CES/CEANV, through the Contracting Officer, 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 to JBER for Emergency Planning and Community Right-to-Know Act (EPCRA) reporting.

4.26.2. 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.

4.27. Notification…