AMC Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT

AIRMEN MINISTRY CENTER DIRECTOR

KADENA AIR BASE CHAPLAIN CORPS

1. Contract Position Title. Airmen Ministry Center Director

2. Scope of Responsibilities. The Airmen Ministry Center (AMC) Director (hereinafter called Contractor) areas of responsibility are: 1) coordination of staffing, resources, and programs for the Kadena AB AMC; 2) recruitment, training, and placement of volunteers in service to the AMC; 3) recruitment of volunteers in support of other Chapel-sponsored events and programs, as needed; 4) oversight of day-to-day operations of the AMC.

2.1 The Chapel Tithes and Offerings Fund (CTOF) Contracting Officer monitors the Contractor’s performance.

2.2 The AMC director consults with the AMC Chaplain for day-to-day coordination of events and programs.

3. Specific Qualifications/Experience. The following are preferred qualifications and experience. The CTOF may interview minimally qualified individuals to determine of they can perform the tasks in the Performance Work Statement.

3.1 Ability to work within a pluralistically religious environment.

3.2. Possess a minimum of one (1) year of experience working in a ministerial setting with religiously and ethnically diverse young adults.

3.4. Possess a minimum of an Associate’s Degree or equivalent.

3.5 Possess excellent verbal, written, and interpersonal communication skills and be able to interact constructively with single young adult Airmen, Chapel staff members, and volunteers.

4. Duties and Responsibilities. The Contractor will:

4.1 Support the overall Chapel mission by working cooperatively with Chapel leadership, staff members, and volunteers.

4.2 Foster healthy relationships in a moral, pluralistic, and interfaith environment.

4.3 Ensure adequate communication with Chapel staff and appropriate base leadership through professional communications, to include phone calls, email, and text messaging.

4.3.1 Responses to phone calls and text messages should be made within one (1) business day.

4.3.2 Responses to emails should be made within two (2) business days.

4.4 Attend Chapel Staff Meetings, not to exceed one (1) weekly, when scheduled.

4.5 Arrive on time and prepared for all meetings and appointments.

4.6 Present a neat, clean, professional appearance, to include appropriate dress and grooming (e.g., business casual dress for meetings; neat, clean, and serviceable dress at all times; etc.).

4.7 Comply with all Federal, State, and Local laws and requirements, as well as applicable Air Force Instructions, local Operating Instructions, policies, directives, and computer and information security requirements.

4.8 . Criminal History. In accordance with DODI 1402.05, a Criminal History Background Check must be accomplished for all individuals working with children. Consent to the background check is mandatory. You must provide all information necessary for background investigation to include an Installation Records Check and proof of a completed Tier I (formally known as the Child Care National Agency Check and Inquiries (CNACI)). Failure to consent to the background check will be grounds for immediate cancellation of the contract at no further costs to the Government. In the event that criminal history is found, the contract will be terminated at no further cost to the Government.

4.9 Ensure the AMC atmosphere is spiritually-based, alcohol-free, relaxing, and inclusively tailored for single Airmen.

4.10 Ensure the AMC is clean, inviting, and in good repair. To include removal of trash and bulk items.

4.10.1 The Contractor is accountable for security and cleanliness of all facilities utilized in conjunction with their programs.

4.11 Ensure the security of the AMC, safety of Airmen, and observe all local safety requirements and procedures.

4.12 Ensure that the AMC supplies and equipment are available as needed to carry out the program.

4.13 Meet at least once every two (2) weeks with the AMC Chaplain.

4.14 Plan and coordinate all AMC events and programs in cooperation and consultation with the AMC Chaplain, or their designated representative. Events and Programs will be approved by the Wing Chaplain.

4.15 In consultation with the CTOF Contracting Officer, develop an annual calendar of events, CTOF budget, and appropriated fund budget. This information is submitted as required by local Chaplain Corps operating procedures.

4.15.1 The Contractor will coordinate all support requirements through the CTOF Contracting Officer, utilizing appropriate forms (e.g., funds requests, etc.).

4.15.2 The Contractor will coordinate with the CTOF Account Manager, Chapel staff, and Chapel Advisory Councils (where appropriate).

4.16 Recruit, train, and coordinate volunteers for the AMC and other Chapel-sponsored events, programs, and functions, with an emphasis given to recruiting active duty dorm residents.

4.17 Ensure volunteer coverage of posted operational hours. In the case of no volunteers, AMC Director will cover posted operational hours.

4.17.1 Current operational hours are Monday – CLOSED, Tuesday – Thursday 1700-2200, Friday 1700-0000, Saturday 1200-0000 and Sunday 1200-2200. Operational hours are subject to change.

4.18 Work closely with Dorm Managers, First Sergeants, Airmen’s Dorm Council, Professional Development Center (PDC), and Commanders to seek and recruit the best qualified Airmen to volunteer.

4.19 When necessary, recruit personnel other than Airmen to volunteer.

4.19.1 Assist in selecting, training, and mentoring the AMC Airmen Council during their term.

4.20 Plan, coordinate, schedule, train, and recruit volunteers to:

4.20.1 Open and secure the AMC facility.

4.20.2 Staff the AMC during posted operational hours.

4.20.3 Ensure equipment is operational and appropriately utilized.

4.20.4 Oversee checking out of video games, movies, music, and software.

4.20.5 Coordinate computer access.

4.20.6 Clean equipment and all AMC-respective areas.

4.20.7 Promote AMC and Chapel-sponsored events and activities.

4.20.8 Maintain and facilitate a safe and welcoming environment.

4.20.9 Report all needs to the AMC Director within two (2) days of becoming aware of them.

4.20.10 Report all violations of AMC policy, including applicable DODIs, AFIs, and OIs to the AMC Director and the AMC Chaplain within two (2) days of becoming aware of them.

4.21 Maintain a readily inspectable database of AMC volunteers, including their full name and contact information. Please see (Attachment 1) regarding FAR 52.224-1 to-3 Privacy Act compliance.

4.22 Coordinate with AMC volunteers to plan and execute AMC events and programs.

4.23 Ensure all AMC events and programs are well promoted to dorm residents.

4.24 In coordination and consultation with the AMC Chaplain, promote Chapel events and programs to dorm residents, as appropriate.

4.25 Work with the AMC Chaplain to support AMC briefings for the First Term Airmen Course (FTAC).

4.26 Report AMC-related statistics to the AMC Chaplain. Statistics will be reported within the following timeframe:

4.26.1 Events – no later than two (2) business days after the completion of the event;

4.26.2 Weekly Attendance – reported weekly, no later than close of business every Monday, and the final business day of the month.

4.26.3 If the required reporting day falls on a Federal holiday, Family Day, or other day when the Chapel is closed due to designated time off, reporting will take place on the following business day.

4.27 Coordinate with appropriate Chapel faith group points of contact to schedule quarterly visits to Chapel worship services in order to promote AMC programs and recruit volunteers to support AMC programs.

4.28 Notify the AMC Chaplain and CTOF Contracting Officer of anticipated absences at least seven (7) days in advance. If absent, the Contractor will find a substitute, in accordance with paragraph 8 of this document.

4.28.1 If the Contractor has an unforeseen absence, they will notify the AMC Chaplain and CTOF Contracting Officer as soon as reasonably possible.

4.29 Confidential and Privileged Communication

4.29.1 IAW AFI 52-101, Planning and Organizing (15 July 2019), para 5.2, confidential communication is any communication made to a chaplain or Religious Affairs Airman by a military member, his/her authorized dependents, or other authorized personnel by military necessity, to include enemy prisoners of war, if the communication is made either as a formal act of religion or as a matter of conscience. A communication is also “confidential” if made to a chaplain in the chaplain’s official capacity as a spiritual advisor or to a Religious Affairs Airman in his or her official capacity.

4.29.2 IAW AFI 52-101, Planning and Organizing (15 July 2019), para 5.5, privileged communications and confidential communications are often considered synonymous.

Generally, a confidential communication is also privileged. However, privileged communication refers to information which is not admissible in a court or legal action, while confidential communication is a more general concept, referring to information which is protected both in and out of the legal context.

4.29.3 The Contractor will ensure persons seeking to exercise a sacramental requirement, receive religious advice, or receive counseling, disclose confidential information only to a chaplain.

4.29.4 The Contractor will not disclose information of a confidential nature to anyone other than for official Air Force purposes or when compelled by a court of competent Federal or State jurisdiction. Disclosure of confidential information for other than these purposes will be grounds for termination of the contract for default. Contractor will sign a non-disclosure agreement within five (5) business days of receiving.

5. Deliverables

Paragraph Reference

Performance Objective Annual Performance Threshold

4.9 Ensure AMC is alcohol-free No (0) instances of unauthorized alcohol being allowed. Alcohol is only authorized by the Wing Chaplain for religious use in Chaplain Corps facilities

(AFI 52-105).

All instances of unauthorized alcohol must be immediately reported to the AMC Chaplain.

4.13 Meet with the AMC Chaplain at

least once every two (2) weeks

No (0) instances of missed meeting.

No more than three (3) instances of authorized meeting cancellation.

4.15 Develop an annual calendar of

events, CTOF budget, and appropriated fund budget

No (0) instances of failure to provide the required materials by the due dates established by the CTOF Contracting Officer.

4.20 Coordinate volunteers No (0) instances of closure of the AMC due to lack of volunteer staff.

4.26 Report AMC statistics No more than twelve (12) instances of failure to report within the required timeframe.

4.28 Notify of anticipated absences

seven (7) days in advance

No (0) instances of program failure due to unexcused absence.

No more than two (2) unapproved absences when the program proceeds.

4.29.3 Refer to chaplain No (0) instances of failure to direct persons to a chaplain for counseling or the disclosure of confidential communication.

4.29.4 Maintain confidentiality No (0) instances of unauthorized disclosure of confidential communication or confidential information.

6. Hours OF OPERATION

6.1 Core Working Hours. A minimum of 30 hours per week spent at the AMC and other Kadena Chapel facilities. The contractor will ensure volunteers are trained to manage operations during operating hours. Note: Days and times of AMC operation are subject to change due to mission requirements and special programs and the Contractor can adjust work schedule to accommodate with prior approval of the AMC Chaplain. The contractor will attend weekly staff meetings and adjust schedule as needed to accommodate Chaplain Corps special events. The Contractor will ensure trained volunteers are on the premises to support customers in their absence during normal hours of operations (i.e., staff meeting, supply runs, etc.).

6.2 Location. The AMC director will operate the AMC out of its current location in The Wired Bean, Bldg 612 Kadena AB. Should this location move, the AMC director will operate the AMC from the alternate location.

7. List of Organization Furnished Workspace, Supplies and Equipment.

7.1 The Chapel will provide a work space, supplies and equipment required to accomplish the contract. The Contractor will perform duties at appropriate chapel facilities (e.g. Bldg 612 Wired Bean) as determined by outlined responsibilities. Contract personnel will have availability and access to Government furnished equipment for performing services required by this contract. This includes religious education books and materials.

7.1.1 The contractor may need a government Common Access Card (CAC) to perform his/her duties.

7.1.2 The Contractor is authorized to use the Government owned laptop to work remotely.

7.2 Facility keys will be issued to the Contractor by the Facility Manager.

8. General Information

8.1 QUALITY ASSURANCE

8.1.1. The Contracting Officer’s Representative (COR) is the authorized government representative(s) who will perform assessments of the contractor’s performance.

8.1.2. The COR(s) will inform the contractor in person when discrepancies occur and will request corrective action. The COR(s) will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and will request the Contract Officer (or COR) to initial the entry on the checklist.

8.1.3. Any matter concerning a change to the scope, prices, terms or conditions of this contract will be referred to the Contracting Officer (CO) and not to the COR(s).

8.1.4. The services to be performed by the contractor during the period of this contract will at all times and places be subject to review by the Contracting Officer or COR.

8.2. PHYSICAL SECURITY.

The contractor will be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, property, and materials will be secured.

8.2.1. Key Control. The contractor will establish and implement methods of ensuring that 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 ALSO INCLUDE KEY

CARDS. NO KEYS ISSUED TO THE CONTRACTOR BY THE GOVERNMENT WILL BE

DUPLICATED. THE CONTRACTOR WILL DEVELOP PROCEDURES COVERING KEY

CONTROL THAT WILL BE INCLUDED IN THE QUALITY CONTROL PLAN. SUCH

PROCEDURES WILL INCLUDE TURN-IN OF ANY ISSUED KEYS BY PERSONNEL

WHO NO LONGER REQUIRE ACCESS TO LOCKED AREAS).

8.2.1.1. The contractor will immediately report the occurrences of a loss of duplicate key to the contracting officer.

8.2.1.2. In the event keys, other than master keys, are lost or duplicated, the contractor will, upon written 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 will be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the government and the total cost deducted from the monthly payment due the contractor.

8.2.1.3. The contractor will prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor will prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor’s employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

8.2.2. Lock Combinations. (NOTE: OPTIONAL DEPENDING ON LOCAL

REQUIREMENTS). The contractor will establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor will ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures will be included in the contractor’s Quality Control Plan.

8.3. CONSERVATION OF UTILITIES.

The contractor will ensure utilities conservation practices are in place. The contractor will be responsible for operating under conditions which prevent the waste of utilities which include the following:

8.3.1. Lights will be used only in areas where and when work is actually being performed.

8.3.2. Mechanical equipment controls for heating, ventilation, and air conditioning systems will not be adjusted by the contractor or by contractor employees unless authorized.

8.3.3. Water faucets or valves will be turned off after the required use has been accomplished.

8.3.4. Government telephones will be used only for official government business.

8.4. RECORDS.

The contractor will be responsible for creating, maintaining, and disposing of only those government required records that are specifically cited in this Performance Work Statement or required by the provisions of a mandatory directive. If requested by the Government, the contractor will provide the original record or a reproducible copy of any such record within five working days of receipt of the request. Contractor will ensure that copyrighted material is not used illegally. Do not copy materials unless allowed to do so with our copyright license.

8.5. ENVIRONMENTAL CONTROLS.

8.5.1. Compliance with Laws and Regulations. The contractor will be knowledgeable of and comply with all applicable Japan Environmental Governing Standards (JEGS), and requirements regarding environmental protection. In the event environmental laws/regulations change during the term of this contract, the contractor is required to comply as such laws come into effect. If there is an increase or decrease in cost as a result of the change, the contractor will inform the Contracting Officer pursuant to notice requirements and negotiate a modification to the contract.

8.5.2. Notification of Environmental Spills. If the contractor spills or releases any substance mentioned in the Japan Environmental Governing Standards (2016) or the base spill plan, the contractor will immediately report the incident to Kadena AB Fire Dept at 911. The liability for the spill or release of such substances rests solely with the contractor. (NOTE: IF THE

CONTRACTOR WILL ROUTINELY HANDLE MATERIALS WHICH COULD HAVE A

HARMFUL EFFECT ON THE ENVIRONMENT, ADD APPROPRIATE SUBPARAGRAPHS

ON HOW TO DISPOSE OF AND HANDLE SPILLAGES OF THESE MATERIALS.)

8.5.3. Material Storage and Use. The contractor will follow manufacturer’s guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. This includes hazardous materials.

8.6. GOVERNMENT OBSERVATIONS.

Government personnel, other than contracting officers (COs) and CORS, may from time to time, with CO coordination, observe contractor operations. However, these personnel may not interfere with contractor performance or make any changes to the contract.

8.7. SAFETY REQUIREMENTS.

In performing work under this contract, the contractor will:

8.7.1. Conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work.

8.7.2. Perform work in a safe manner as required by OSHA 2206, General Industry, Occupational Safety and Health Standards (29 CFR 1910) and Japan Environmental Governing Standards.

8.7.3. Provide protection to government property to prevent damage during the period of time the property is under the control or in possession of the contractor.

8.7.4. Include a clause in all subcontracts to require subcontractors to comply with the safety provisions of this contract as applicable.

8.7.5. Record and report promptly (within one hour) to the Contracting Officer or COR, all available facts relating to each instance of damage to government property or injury to either contractor or government personnel.

8.7.6. In the event of an accident or mishap, take reasonable and prudent action to establish control of the accident or mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident or mishap investigative authority through the contracting officer.

8.7.7. If the government elects to conduct an investigation of the accident/mishap, the contractor will cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

8.7.8. Include a clause in each applicable subcontract requiring the subcontractor's cooperation and assistance in accident reporting and investigation.

8.7.9. Ensure personnel have the following on-base emergency services phone numbers programmed into their cell phones:

While working on Kadena, Okuma, Camp Shields, or Torii Station, call Kadena AB Dispatch at 098-934-5911 or 098-962-9445.

While working on Camp Foster, Camp Courtney, Camp Hansen, Camp Schwab, or Camp Kinser, call Foster Dispatch at 098-911-1911.

8.8. TRAINING. Wing Chaplain (or Superintendent) will provide orientation training to acquaint the contractor with office personnel, facilities, protocol and procedures. Additional training, at the expense of the government, may take place throughout the contract period as needed.

8.9. SPECIAL QUALIFICATIONS. Submit a resume and three reference letters from previous employment or involvement.

8.10. [Reserved]

8.11. CONTINUATION OF ESSENTIAL DEPARTMENT OF DEFENSE (DOD)

CONTRACTOR SERVICES DURING CRISIS

This service is determined to be non-essential for performance during crisis according to DODI 3020.41, Operational Contract Support, paragraph 2.c. In the event of crisis, the contractor will be notified by the Contracting Officer of the need to discontinue services due to contingency, base closure or other causes. If notification to discontinue services is not received, the contractor will be expected to continue performance in accordance with this PWS.

8.12. PHASE OUT.

8.12.1 If there is a change in contractor or if the operation reverts to in-house, the incumbent contractor will provide familiarization, to the government or the follow-on contractor, whichever the case may be. During the phase-out familiarization period, the incumbent will be fully responsible for the operation of the contract’s basic services.

8.12.2 The government reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor will cooperate to the extent required to permit an orderly change over to the successful contractor.

With regard to the successor contractor’s access to incumbent employees, a recruitment notice may be placed in each facility.

813. PUBLICATIONS.

8.13.1. Compliance with all publications, regulations and operating instructions provided by the Government is required when:

8.13.2. They pertain to the procedures for materials expediting herein and where the contractor is authorized by the performance work statement to accomplish the work specified in the publication, regulation or operating instructions.

8.13.3. The publications prescribe United States Air Force (USAF) policies, use of materials, procedures and processes applicable to the work requirements.

8.13.4. The contractor is required to acquire and work on the latest version of the publication.

8.14. CONTRACTOR PERSONNEL

8.14.1. Contractor Employees: The contractor will not employ persons for work on this contract if such employee is identified to the contractor by the CO as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population.

8.14.1.1. The contractor will not employ any person who is an employee of the U.S.

Government if employing that person would create a financial conflict of interest. The contractor will not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-106, Air Force Industrial Labor Relations Activities.

8.14.1.2. 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 recall to active duty. The abrupt absence of these personnel could adversely affect the contractor’s ability to perform;

however, their absence at any time will not constitute an excuse for nonperformance under this contract.

8.15. CONTRACTOR MANPOWER REPORTING

8.15.1. The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Air Force (or applicable service) via applicable Air Force Instructions and local operating procedures.

8.15.2 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 will be reported no later than 31 October of each calendar year. Contractors may direct questions to the Chapel Account Manager and/or Contracting Officer.

8.16. JAPANESE ROAD LAWS

8.16.1. The contractor will comply with Japanese Road Laws while on US Military installations to specifically include: Article 43 The Road Law (Japan) (prohibited acts relative to roads). No person will commit the following described acts:

8.16.2. Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fallout from motor vehicles or otherwise defacing roads unreasonably or without due cause.

8.16.3. Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

8.16.4. The agency managing a road may when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, or correcting the method of loading or traveling or operation of the vehicle.

8.17. REQUIRED INSURANCE by JAPANESE LAW

8.17.1. The Contractor will procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the Contractor at the work site.

8.17.2. Type: Automobile Property Damage Insurance Amount: ¥3,000,000 or Dollar equivalent Bodily Injury Insurance Amount: ¥30,000,000 or Dollar equivalent

8.17.3. All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements.

8.17.4. Prior to the commencement of work hereunder, the Contractor will furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance will contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the U.S. Government in such insurance will not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

9. Provisions or Procedures by Regulations to Ensure Compliance.

9.1. Contractor will comply with the procedures found within this performance work statement.

9.1.1. Procedures for Subcontracting During Periods of Absence.

9.2 Sub-Contracting.

9.2.1. Procedures for subcontracting during periods of absence. All subcontractors must meet the same qualifications as the contractor and be approved as suitable by the CTOF Contracting Officer.

9.1.2 The Contractor will personally perform the services described above or coordinate performance by a substitute who meets or exceeds the stated educational and experience requirements, meets all the qualifications in this PWS, and has been approved in advance by the Wing Chaplain, or their designated representative. The Contractor will submit the names and qualifications of proposed subcontractors to the CTOF Contracting Officer for approval at least 14 days prior to the proposed absence. Subcontractors must meet the requirements for the position as outlined in this PWS. The Contractor is responsible for all payment of subcontractors.

9.1.3. The CTOF Contracting Officer reserves the right to refuse the services of such a substitute if he/she is deemed unqualified.

9.1.4. The subcontractor(s) must meet the same background check requirements found within this performance work statement.

9.1.5. The CTOF Contracting Officer should be notified at least 14 days before any leave of absence that would prevent the contractor from performing the services.

10. The CTOF Contracting Officer.

10.1. The CTOF Contract Officers for this Contract are subject to change. The Contract Officers is SSgt Maureen F. Moritz.

10.2. The CTOF Contracting Officer will monitor and inspect the contractor's performance. The contractor will be notified in writing of any and all noncompliance, and will be given an opportunity to correct, if possible, nonconforming work. The contractor will be given an opportunity to respond in writing to any notice of noncompliance.

10.3. The CTOF Contracting Officer will notify all bidders of the bid results.

10.4 Additional Terms and Conditions.

10.5. Solicitation. This is provided as a separate document.

10.6. Payment for Services, due date and need for bonds, insurance, or both, if applicable.

10.6.1. The contractor is being hired as an “independent contractor” and is accountable to pay any Social Security taxes, federal or local income taxes, and state unemployment insurance premiums for themselves, as well as any individual employed or subcontracted by them to provide services under this contract.

10.6.2. The contractor is not paid an hourly rate, unless specified in this PWS. The contractor is paid to perform a regular service. Therefore, neither man-hours nor compensatory time-off is authorized.

10.7. Conflicts of Interest Including Financial.

10.7.1. The Kadena Chapel’s personnel comply with the restrictions in DoD 5500.7-R, Joint Ethics Regulation, FAR 37.104 and USFJINST 36-1001, Commercial Activities and Private Employment in Japan.

10.7.2. The Kadena Chapel will not contract with its members or employees or relatives of persons in the supervisory chain, or those who could be construed to have financial conflicts of interest (e.g., Commanders, Chaplain Corps employees (Chaplains, Religious Affairs Airmen, and civilians (GS, NAF, and host nation)), their dependent family members, others who live in their households, and business partners, if engaged in off-duty employment. Senior Installation Commanders, in consultation with JA may waive the restriction for CTOF contracts when advertising efforts fail to produce permissible qualified bidders. To obtain a waiver for a CTOF contract, the installation must submit copies of all advertising and a statement, signed by the Senior Installation Chaplain, to Senior Installation Commander. The statement should state, "No qualified bid(s) were received."

10.8. Other Prohibitions.

10.8.l. The Contractor will not allow a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract, made or entered into in behalf of the CTOF.

10.8.2. The Contractor will not agree with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of goods or services made or furnished by the subcontractor, unless otherwise authorized by law or regulation.

10.8.3. The Contractor must not discharged, demoted, or otherwise discriminated against an employee of the Contractor as a reprisal for disclosing to a Member of Congress or an authorized official of an executive agency or the Department of Justice information relating to a substantial violation of law related to a contract (including the competition for, or negotiation of, a contract).

10.8.4. The contractor will not lobby Congress with relation to this contract as outlined in United States Code, Chapter Two.

10.9. Contract Modifications.

10.9.1. The CTOF Contracting Officer and contractor modifications to the scope of the contract (description of work, dates, times, locations, or number of services) will be in writing and signed by both parties.

10.9.2. Modifications which increase the total amount paid or allowed for added services are permitted only if the unit cost per service remains the same. Coordinate all contract modifications with the legal office.

10.9.3. If a modification would result in a change to the rate of payment, the CTOF Contracting Officer may consider terminating the contract, and soliciting for a new contract. No contract modification may change the rate of payment. Negotiate a new contract for any change to the rate of payment

10.10. Exercise of Option.

10.10.1 The Fund may extend this contract for an additional 12 months by issuing written notice to the contractor within 30 days of contract expiration. The written notice does not commit the Fund to an extension. If the Fund exercises the option, the extended contract is considered to include this option provision and at the applicable prices set forth in the original request for proposal.

10.10.2. At the end of the first year term, the CTOF Contracting Officer may renew the contract by exercising the option for a one-year term, up to a maximum period of three years for the life of the contract..

10.11. Contract Termination.

10.11.1. This Contract may be terminated by the Contractor or Fund upon 30 calendar days notice in writing, or either party at any time for default of the other party in any of the conditions or provisions herein contained.

10.11.2. Any notice required to be given by either party under any provisions of this Contract is sufficient for all purposes when sent in writing by the United States Postal Service registered mail, postage thereon prepaid, addressed to the other party at the place of business designated herein. Notice alternately may be personally delivered to the other party.

10.12. Dispute Clause. Dispute Clause. Any grievance by the Contractor should be resolved at the lowest level. The chain of command is as follows: CTOF Contracting Officer, then the Senior Installation Chaplain. If grievance cannot be resolved at these levels, the Contractor will follow guidance in Attachment 15, CTOF General Provisions Memorandum.

10.13. Conciliation.

10.13.1. Except as otherwise provided in this Contract, any disagreement arising under this Contract, which is not resolved by the parties to this Contract, may be submitted to the United States - Japan Joint Committee for Conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of this Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor for conciliation will be made in accordance with the following procedures:

10.13.2. In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon the Contractor, but before the decision of the Installation Chaplain has been served upon him, the Contractor will file a request for conciliation through the Okinawa Defense Bureau, to the Agreement Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

10.13.3. In the event the disagreement submitted to the Joint Committee under paragraph

12.2.2.1 above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the Contracting Officer of the settlement of the dispute and to withdraw its appeal.

10.13.4. No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the Installation Chaplain had decided an appeal by the Contractor. Pending the hearing of Conciliation Panel, the Contractor will proceed diligently with the performance of the agreement in accordance with the Contracting Officer’s decision.

10.13.5. The appeals process and the use of the Conciliation Panel do not otherwise waive the sovereign immunity nor create other rights or causes of action against the United States, the Department of the Air Force, or this Fund.

Attachment 1

FAR 52.224-1 to -3 Privacy Act Compliance

FAR 52.224-1, PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31,1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

FAR 52.224-2, PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

FAR 52.224-3, PRIVACY TRAINING (JAN 2017)

(a) Definition. As used in this clause, “personally identifiable information” means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who-

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.3 and 39.105).

(c)

(1) “Privacy training shall address the key elements necessary for ensuring the safeguarding of personally identifiable information or a system of records. The training shall be role-based, provide foundational as well as more advanced levels of training, and have measures in place to test the knowledge level of users. At a minimum, the privacy training shall cover-

(i) The provisions of the Privacy Act of 1974 (5 U.S.C. 552a), including penalties for violations of the Act;

(ii) The appropriate handling and safeguarding of personally identifiable information;

(iii) The authorized and official use of a system of records or any other personally identifiable information;

(iv) The restriction on the use of unauthorized equipment to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise access personally identifiable information;

(v) The prohibition against the unauthorized use of a system of records or unauthorized disclosure, access, handling, or use of personally identifiable information; and

(vi) The procedures to be followed in the event of a suspected or confirmed breach of a system of records or the unauthorized disclosure, access, handling, or use of personally identifiable information (see OMB guidance for Preparing for and Responding to a Breach of Personally Identifiable Information).

(2) Completion of an agency-developed or agency-conducted training course shall be deemed to satisfy these elements.

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will-

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.