Solicitation_N62742-13-R-1150.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

D0-C9 1 107

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

N62742-13-R-1150 [ X ] NEGOTIATED (RFP) 16 Oct 2013

7. ISSUED BY

NAVFAC PACIFIC

SPECIAL PROJECTS CONTR BR (ACQ22)

258 MAKALAPA DRIVE STE 100

JBPHH HI 96860-3134 TEL:

CODE N62742 8. ADDRESS OFFER TO

See Item 7

(If other than Item7)

TEL:

CODE

FAX: FAX:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if

HST

handcarried, in the depository located in *See Section L until 02:00 PM local time 15 Jan 2014 (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME

CALL:

B. TELEPHONE (Include area code)

11. TABLE OF CONTENTS

(NO COLLECT CALLS) C. E-MAIL ADDRESS

(X) SEC. DESCRIPTION

PART I - THE SCHEDULE

PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART II - CONTRACT CLAUSES

X A SOLICITATION/ CONTRACT FORM 1 - 3 X I CONTRACT CLAUSES 38 - 56

X B SUPPLIES OR SERVICES AND PRICES/ COSTS 4 - 12 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/ SPECS./ WORK STATEMENT

X D PACKAGING AND MARKING

X E INSPECTION AND ACCEPTANCE

13 X 14 - 15 16 - 18

J LIST OF ATTACHMENTS 57

PART IV - REPRESENTATIONS AND INSTRUCTIONS

REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 19 - 22 X K OTHER STATEMENTS OF OFFERORS 58 - 75

X G CONTRACT ADMINISTRATION DATA 23 - 28 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 76 - 94 X H SPECIAL CONTRACT REQUIREMENTS 29 - 37 X M EVALUATION FACTORS FOR AWARD 95 - 107

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 260 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

TEL: EMAIL: (Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

N62742-13-R-1150

Section A - Solicitation/Contract Form

SECTION A

PARAGRAPH NO. TITLE

A.1 GENERAL OVERVIEW OF GUAM BASE

OPERATIONS SUPPORT (BOS) SERVICES

CONTRACT

A.2 CONTRACT TYPE

A.3 NAICS CODE

A.4 DESCRIPTION OF WORK

A.5 PLACE OF PERFORMANCE

A.1 GENERAL OVERVIEW OF GUAM BASE OPERATIONS SUPPORT (BOS) SERVICES CONTRACT

This is a follow-on acquisition for services that are currently being satisfied under the Guam Base Operations Support Services Contract, N40192-13-C-3001. This acquisition will result in a Cost Plus Award Fee/Award Options (CPAFAO) contract. This is an unrestricted, full and open competition procurement.

A.2 CONTRACT TYPE

This is a Cost Plus Award Fee/Award Options (CPAFAO) contract. The CPAFAO contract provides dual motivation for excellence in the areas of cost, schedule, and technical performance. Annually, Award Fees will reward performance, schedule adherence and cost savings. Award-options reward cost-management that results in enduring cost savings in the second, third and fourth option years.

A.3 NAICS CODE

The NAICS code is 561210 Facilities Support Services. The size standard associated with NAICS 561210 is $35,500,000. This industry comprises establishments primarily engaged in providing operating staff to perform a combination of support services within a client's facilities. Establishments in this industry typically provide a combination of services, such as janitorial; maintenance; trash disposal; guard and security; mail routing reception; laundry; and related services to support operations within facilities. These establishments provide operating staff to carry out these support activities; but, are not involved with or responsible for the core business or activities of the client. Establishments providing facilities (except computer and/or data processing) operation support services and establishments operating correctional facilities (i.e., jails) on a contract or fee basis are included in this industry.

A.4 DESCRIPTION OF WORK

The outcomes to be achieved are to provide Guam Base Operations Support Services for the Joint Region Marianas (JRM). JRM is comprised of various military services and other organizations within the Depart ment of Defense, hereinafter referred to as “installations.” Services under this acquisition include facility operations and maintenance support. The Performance Work Statement (PWS) includes the Facility Support Contract and Base Operations Support (FSC/BOS) services templates for the following Annexes:

• Annex 0100000 General Information

• Annex 0200000 Management and Administration

• Annex 0600000 Port Operations

• Annex 0700000 Ordnance

• Annex 1000000 Supply Material Management

• Annex 1501000 Facility Management

• Annex 1502000 Facility Investment

• Annex 150200A Facility Invest ment Andersen Air Force Base (AAFB)

• Annex 1602000 Electrical

• Annex 1604000 Wastewater

• Annex 1605000 Steam

• Annex 1606000 Water

• Annex 1700000 Base Support Vehicles Equipment

• Annex 170000A Base Support Vehicles Equipment AAFB

• Annex 1800000 Environmental

A.5 PLACE OF PERFORMANCE

The place of performance for the work to be ordered under this contract is in the Joint Region Marianas, Guam.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 Each

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0002 Each

Section B - Supplies or Services and Prices

AMOUNT

MOBILIZATION

CPAF

CPAFAO

See Exhibit A, Section J, ELINs A001 - A014 Period of Performance: 31 August 2014 to 31 December 2014

FOB: Destination

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

BASE PERIOD

CPAF

CPAFAO

See Exhibit B, Section J, ELINs B001-B014.

Period of Performance: 1 January 2015 to 30 August 2015

ITEM NO

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION FIRST OPTION PERIOD

CPAF

CPAFAO

See Exhibit C, Section J, ELINs C001 - C014 Period of Performance: 31 August 2015 to 30 August 2016

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION SECOND OPTION PERIOD

CPAF

CPAFAO

See Exhibit D, Section J, ELINs D001 - D014 Period of Performance: 31 August 2016 to 30 August 2017

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION THIRD OPTION PERIOD

CPAF

CPAFAO

See Exhibit E, Section J, ELINs E001 – E014 Period of Performance: 31 August 2017 to 30 August 2018

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION FOURTH OPTION PERIOD

CPAF

CPAFAO

See Exhibit F, Section J, ELINs F001 - F014 Period of Performance: 31 August 2018 to 30 August 2019

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION FIRST AWARD OPTION PERIOD

CPAF

CPAFAO

See Exhibit G, Section J, ELINs G001 – G014 Period of Performance: 31 August 2019 to 30 August 2020

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION SECOND AWARD OPTION PERIOD

CPAF

CPAFAO

See Exhibit H, Section J, ELINs H001 - H014 Period of Performance: 31 August 2020 to 30 August 2021

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION THIRD AWARD OPTION PERIOD

CPAF

CPAFAO

See Exhibit J, Section J, ELINs J001 – J014 Period of Performance: 31 August 2021 to 30 August 2022

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION DEMOBILIZATION

CPAF

CPAFAO

Estimated Cost & Award Fee for Demobilization See Exhibit K, Section J ELINS K001- K014 Period of Performance: 1 May 2022 to 30 August 2022

SUPPLIES/SERVICES QUANTITY UNIT

Each

UNIT PRICE

OPTION EXTENSION OF SERVICES

CPAF

CPAFAO

See Exhibit L, Section J, ELINs L001 – L014 Period of Performance: 31 August 2022 to 28 February 2023

SECTION B

1. CONTRACT LINE ITEMS (CLINS) AND EXHIBIT LINE ITEMS (ELINS)

Offerors shall enter amounts for CLINs and ELINs as indicated in the schedules and the accompanying exhibits.

2. ELINs are in Section J, Exhibits A through L. Pricing shall be prepared for a Cost Plus Award Fee Award Option (CPAFAO) contract for Mobilization, the Base Period, four (4) 12-month Option Periods, (3) 12-Month Award Option Periods, Demobilization and a six month Extension of Services Period.

COST PLUS AWARD FEE AWARD OPTION

CLIN Period Period of Performance Total 0001 Mobilization 31 Aug 2014 - 31 Dec 2014 Estimated Cost

Award Fee Subtotal -

0002 Base 01 Jan 2015 - 30 Aug 2015 Estimated Cost

0003 1st Option 31 Aug 2015 - 30 Aug 2016 Estimated Cost

0004 2nd Option 31 Aug 2016 - 30 Aug 2017 Estimated Cost

0005 3rd Option 31 Aug 2017 - 30 Aug 2018 Estimated Cost

0006 4th Option 31 Aug 2018 - 30 Aug 2019 Estimated Cost

0007 1st Award Option 31 Aug 2019 - 30 Aug 2020 Estimated Cost

0008 2nd Award Option 31 Aug 2020 - 30 Aug 2021 Estimated Cost

0009 3rd Award Option 31 Aug 2021 - 30 Aug 2022 Estimated Cost

0010 Demobilization 01 May 2022 - 30 Aug 2022 Estimated Cost

0011 Service Extension 31 Aug 2022 - 28 Feb 2023 Estimated Cost

GRAND TOTAL $ -

Section C - Descriptions and Specifications

SECTION C

DESCRIPTION OF WORK

The Base Operations Support (BOS) services for JRM, Guam. Guam, the largest and southernmost island of the Marianas archipelago, is the westernmost possession of the United States. JRM Guam plays a key role in to providing logistic and mission support to the operating forces for all U.S. military forces deployed in the Western Pacific. BOS Services are essential to the operations and maintenance of Guam and must be adaptable to JRM’s ever-changing operational environment. The BOS services will include the following requirements/Annexes:

Annex Title 0100000 General Information 0200000 Management and Administration 0600000 Port Operations 0700000 Ordnance 1000000 Supply Material Management 1501000 Facility Management 1502000 Facility Investment 150200A Facility Investment Andersen Air Force Base (AAFB) 1602000 Electrical 1604000 Wastewater 1605000 Steam 1606000 Water 1700000 Base Support Vehicles & Equipment 170000A Base Support Vehicles & Equipment (AAFB) 1800000 Environmental

Section D - Packaging and Marking

SECTION D

D.1 PREPARATION FOR DELIVERY

D.2 MARKING OF SHIPMENT

D.3 PROHIBITED PACKING MATERIALS

CAUTION MARKINGS FOR ITEMS MADE OF

D.4 ASBESTOS AND CONTAINING ASBESTOS

D.5 CLASSIFIED MATTER

D.6 STORAGE AND MARKING OF HAZARDOUS WASTE

CONTAINERS

D.1 PREPARATION FOR DELIVERY

(a) All material to be delivered hereunder shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and damages due to the hazards of shipment, handling and storage.

Best commercial practice will be accepted.

(b) Preservation, packaging and packing shall be in accordance with ASTM Designation D3951-88, "Standard Practice for Commercial Packaging", current version.

D.2 MARKING OF SHIPMENT

(a) The Contractor shall mark all shipments under this contract in accordance with MIL-STD-129, Marking for Shipment and Storage, current version.

(b) Each shipment of material and/or data shall be clearly marked to show the following information:

MARK FOR: Contract Number Item Number

D.3 PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopia or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

D.4 CAUTION MARKINGS FOR ITEMS MADE OF ASBESTOS AND CONTAINING ASBESTOS

In accordance with 29 CFR 1910.1001, the following caution labels shall be placed on all products containing asbestos fibers or to their containers, for all items containing asbestos in a form that can be inhaled.

CAUTION

CONTAINS ASBESTOS

FIBERS AVOID CREATING

DUST

BREATHING ASBESTOS DUST CAN CAUSE SERIOUS BODILY HARM

The above label shall be printed in letters of sufficient size as to be readily visible and legible.

D.5 CLASSIFIED MATTER

Classified Matter, if applicable, will be packed and shipped in accordance with transmission instructions contained in the "Industrial Security Manual for Safeguarding Classified Information" and Applicable Security Requirements Guide.

D.6 STORAGE AND MARKING OF HAZARDOUS WASTE CONTAINERS

Hazardous waste shall be stored in approved container types or shall be properly identified in accordance with Section C, 40 CFR 263 and 40 CFR 264.

Section E - Inspection and Acceptance

SECTION E

E.1 INSPECTION AND ACCEPTANCE (DESTINATION)

E.2 GOVERNMENT PERFORMANCE ASSESSMENT

E.3 PERFORMANCE EVALUATION MEETINGS

E.1 INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the services to be furnished hereunder shall be made at destination by the Contracting Officer's Representative (COR), Senior Performance Assessment Representative (SPAR) or Performance Assessment Representative (P AR). The performance and quality of work delivered by the contractor, including services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Government.

E.2 GOVERNMENT PERFORMANCE ASSESSMENT

As provided in paragraph (c), of FAR clause 52.246-5 "INSPECTION OF SERVICES-COST REIMBURSEMENT (APR 1984)", “The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.” The results of all inspections will be documented and submitted to the Government Performance Assessment Board for periodic review, as set forth in the Government’s Performance Assessment Plan.

The Government’s Performance Assessment Plan is not a substitute for Contractor quality control. Government Performance Assessment Representatives will regularly assess deliverables for conformance to contract performance objectives and standards. If a performance inconsistency is apparent in the basic service deliverable inspection will then be focused on component elements of the deliverable. For any non-conformances identified at this level, assessment may then include review of Contractor material representations (e.g., Quality Management System).

Performance assessments will be used as input into any Award Fee and/or Award Option decisions, to develop the performance assessment mandated in FAR 42.15, and to substantiate any findings of non-conforming services in accordance with FAR 52.246-5.

Government performance assessment will also address any risks associated with future service deliverables.

Current performance status, process outputs, trend data, and the material representations of the Contractor’s technical proposal will all be considered as necessary in determining the likelihood of achieving required performance outcomes for deliverables that are not yet completed.

In the event the Government performance assessment indicates a high risk of continuing non-conformance with Spec Items in the Statement of Work, the Contractor will be required to take pre-emptive/corrective action. The Contractor may receive reduced/negative performance evaluations until such time as quality control is restored and performance risks are mitigated.

Any non-conforming deliverables will be identified during periodic performance assessment meetings, and form the basis for price reduction or other consideration in accordance with 52.246-5. Any such adjustments will be processed by the Contracting Officer and result in a formal contract modification.

E.3 PERFORMANCE EVALUATION MEETINGS

The Contractor shall meet with the Government as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within 15 calendar days.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

Destination

INSPECT BY

Government

ACCEPT AT

Destination

ACCEPT BY

Government

0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

CLAUSES INCORPORATED BY FULL TEXT

5252.223-9300, INSPECTION BY REGULATORY AGENCIES (JUN 1994)

Work performed under this contract is subject to inspection by State and Federal Government Regulatory agencies including those described below.

Permission has been granted by the Navy permitting Federal and State occupational health and safety officials to enter Navy shore installations, without delay and at reasonable times, to conduct routine safety and health investigations. Permission also extends to safety and health investigations based on reports of unsafe conditions.

Occupational Health and Safety Administration (OSHA) officials may also investigate accidents or illnesses involving the Contractor’s employees. Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws.

The Contractor shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Contractor personnel shall be knowledgeable concerning the work being inspected, and participate in responding to all requests for information, inspection or review findings by regulatory agencies.

Section F - Deliveries or Performance

SECTION F

F.1 TERM OF CONTRACT

F.2 WORKING FILES

F.3 PLACE OF PERFORMANCE

F.4 CONTRACT DATA REQUIREMENTS LIST (CDRL)

F.1 TERM OF THE CONTRACT

The base contract term co mmences on August 31, 2014 (Guam standard ti me) and shall be for a period of 12 months (first four months for mobilization) with four (4) 12-month option periods and a potential for three (3) additional 12- month award-option periods. The Government has the unilateral option to extend the term of the contract in accordance with NFAS 5252.217-9301 Option to Extend the Term of the Contract – Services in Section G. If necessary, the contract may be extended for an additional six (6) months under FAR 52.217-8, Option to Extend Services in Section I.

F.2 WORKING FILES

(a) This contract contains FAR 52.215-2 "Audit and Records - Negotiation" Alternate II, Section I. In addition to all information described in that clause, the Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. Such additional information involving transactions related to this contract shall also be subject to access and examination by the U.S. Comptroller General, or an authorized representative.

(b) In accordance with SECNAVINST 5212.10A, all insulation/asbestos-related documents are to be labeled as such and transferred to the Contracting Officer after final payment.

F.3 PLACE OF PERFORMANCE

The place of performance for this contract is Joint Region Marianas, Guam.

F.4 CONTRACT DATA REQUIREMENTS LIST (CDRL)

The CDRLs are provided in Section J, Attachment JF-1.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 31-AUG-2014 TO

31-DEC-2014

N/A N/A

0002 POP 01-JAN-2015 TO

30-AUG-2015

0003 POP 31-AUG-2015 TO

30-AUG-2016

0004 POP 31-AUG-2016 TO

30-AUG-2017

0005 POP 31-AUG-2017 TO

30-AUG-2018

0006 POP 31-AUG-2018 TO

30-AUG-2019

0007 POP 31-AUG-2019 TO

30-AUG-2020

0008 POP 31-AUG-2020 TO

30-AUG-2021

0009 POP 31-AUG-2021 TO

30-AUG-2022

0010 POP 01-MAY-2022 TO

30-AUG-2022

0011 POP 31-AUG-2022 TO

28-FEB-2023

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

5252.242-9305, PRE-PERFORMANCE CONFERENCE (JUL 1995)

Within 45 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

5252.245-9300 GOVERNMENT-FURNISHED PROPERTY, MATERIALS AND SERVICES (FEB 2009)

In accordance with FAR clause 52.245-1, Government Property (APR 2012), Section I, the Government will provide the Contractor the use of Government-owned, fuel, and telecommunications for use only in connection with this contract. All such facilities, equipment, and materials will be provided in "as is" condition and their use is at the option of the Contractor. The use of Government-furnished property and services for other purposes is prohibited.

(a) Government-Furnished Facilities. The Government will furnish or make available to the Contractor the facilities described in Attachment JC-1. The Contractor shall be responsible and accountable for such facilities accepted for use and shall take adequate precautions to prevent fire hazards, odors, and vermin. The Contractor shall obtain written approval from the Contracting Officer prior to making any modifications or alterations to the facilities. Any such modifications or alterations approved by the Government will be made by the Contractor. At the completion of the contract all facilities shall be returned to the Government in the same condition as received, except for reasonable wear and tear.

(b) Government-Furnished Equipment. The Government will provide the Contractor the use of existing and available Government-owned equipment as listed in Attachment JC-1.

(1) The Contractor shall provide periodic servicing, maintenance, and repair of the equipment accepted for use in accordance with FAR clause 52.245-1, Government Property (APR 2012). Servicing, maintenance, and repair shall be provided in accordance with the manufacturer's reco mmendations, and records of all work performed shall be maintained and made available to the Contracting Officer and/or Government Property Administrator upon request.

(2) The total or partial breakdown or failure of the Government-furnished equipment shall not relieve the Contractor of responsibility to fully perform the work of the contract. See RFP paragraph H.14, Contractor Acquired Equipment Costs.

(3) The Contractor and the Contracting Officer shall conduct a joint inventory before commencing work under this contract to determine the exact number and serviceability of Government-furnished equipment. The Contractor shall then certify the findings of this inventory, assume accounting responsibility, and subsequently report inventory discrepancies to the Contracting Officer. Government-furnished equipment maybe removed from one military base/facility to another to facilitate performance under the contract.

(c) Government-Furnished Material. The Government will furnish the material described in Attachment JC-1 to the Contractor on a one-time basis. The Contractor and the Contracting Officer shall conduct a joint inventory before commencing work to determine the exact amount and serviceability of Government-furnished materials.

The Contractor shall then certify the findings of this inventory, assume accounting responsibility for all materials accepted for use, and provide documentation supporting issue/use of such material. Upon depletion of material provided to the Contractor by the Government, the Contractor shall furnish all material to perform the work of the contract, except as otherwise specified herein. Upon completion or termination of this contract a second joint inventory shall be conducted, if necessary, of all unused Government-furnished materials. The Contractor shall be held liable for all materials which cannot be accounted for by issue/use documentation.

(d) Availability of Utilities. The Government will furnish (electricity, steam, potable water, and sewage services) at existing outlets for use in those facilities provided by the Government, and as may be required for the work to be performed under the contract. Information concerning the location of existing outlets may be obtained from the Contracting Officer. The Contractor shall provide and maintain, the necessary service lines from existing Government outlets to the site of work.

(1) Utilities specified above will be furnished at no cost to the Contractor (end of clause)

Section G - Contract Administration Data

SECTION G

G.1 TECHNICAL DIRECTION

G.2 CONTRACT ADMINISTRATION DATA

G.3 SUBMISSION OF VOUCHERS AND

REQUIREMENTS FOR APPROVALS

G.4 NOTIFICATION REQUIRED UNDER

LIMITATION OF COST CLAUSE

G.5 CONTRACT AUDIT OFFICE

G.1 TECHNICAL DIRECTION

(a) As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR)”, performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:

(1) Constitutes an assignment of additional work outside the Performance Work Statement (PWS);

(2) Constitutes a change as defined in the Changes clause;

(3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract;

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;

(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.

(c) All technical direction shall be issued in writing by the COR.

(d) When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action under such direction until the Contacting Officer has issued a modification to the contract or has otherwise resolved the issue.

G.2 CONTRACT ADMINISTRATION DATA

(a) IDENTIFICATION OF PROCURING CONTRACTING OFFICER AND ADMINISTRATIVE

CONTRACTING OFFICER

The Procuring Contracting Officer (PCO) for this acquisition is:

Ms. Annette Chun Naval Facilities Engineering Command, Pacific 258 Makalapa Drive, Suite 100 (ACQ22)

JBPHH, HI 96860-3134

Email: annette.chun@navy.mil

The Administrative Contracting Officer (ACO) for this acquisition is:

Ms. Arlene Adonay Naval Facilities Engineering Command, Marianas PSC 455 Box 195

FPO AP, 96540-2937

mailto:annette.chun@navy.mil

(b) Contracting Officer’s Representative (COR) for this contract will be designated prior to contract award.

(c) Payment will be made by:

Defense Finance and Accounting Service DFAS-Cleveland Norfolk Accounts Payable PO Box 998022 Cleveland, Ohio 44199-8022

G.3 SUBMISSION OF VOUCHERS AND REQUIREMENTS FOR APPROVALS

(a) The Contractor shall submit payment requests and receiving reports using the Wide Area Work Flow (WAWF) online system in accordance with DFARS clause 252.232-7003.

(b) Contractor shall submit vouchers once a month to the ACO and the Defense Contract Audit Agency (DCAA) office. Contractor shall segregate, accumulate and invoice costs of performance to the appropriate Accounting Classification Reference Number (ACRN) categories. Not later than 90 calendar days after performance, Contractor shall submit an interim voucher. Interim vouchers shall not include, adjustments to annual indirect rates, which will be ascertained at time of audit. The Contracting Officer may disallow charges older than 90 days.

Contractor shall voucher its incurred costs in accordance with FAR 52.216-7 ALLOWAB LE COST AND PAYMENT. The voucher shall contain a summary and an itemization at the annex/technical specification level.

Billing data shall show totals for each cost element. For cost reimbursable subcontracts, subcontractor invoices must contain the same format and level of detail specified for the prime Contractor. The following minimum detail is required at the annex/technical specification level and the contract summary level unless otherwise directed by the Contracting Officer.

(1) Contract number and voucher number (numbered sequentially from “1”).

(2) Direct Labor: When requested by the Contracting Officer, Contractor shall make available, provide access to, or provide paper or electronic copies of regular and premium direct labor hours specifying labor category and labor hours used. Contractor shall provide an alphabetical listing by employee including: a record of time worked showing the name of the individual, labor classification for function performed, hours worked, hourly rate paid and total paid to each individual also. Contractor’s accounting system must be able to provide timely substantiation for current labor charges, e.g. by individual daily job timesheets.

(3) Material/Subcontract/Equipment/Other Direct Costs: When requested by the Contracting Officer, provide detailed summaries for these costs. Contractor shall substantiate charges by either evidence of actual vendor payments or receipt of subcontractor invoice for such materials and shall include all cash and trade discounts, rebates, allowances, credits, salvage, commissions and other benefits. For equipment costs, Contractor shall categorize costs by rental equipment, leased equipment (operating and capital), and Contractor-owned equipment (expensed using an equipment usage rate). Contractor shall provide an explanation of the types of equipment utilized and the amounts billed. Contractor shall provide a list summarized for each vendor that shows the vendor's name, amount billed and date paid.

(4) Indirect Costs: Contractor shall identify indirect rates, application bases and amounts.

(5) Award Fee. Contractor shall identify the billed award fee separately.

(6) Travel and Relocation Costs: Contractor shall provide detail of current charges for each trip. Contractor’s right to reimbursement of travel and relocation costs is subject to contract terms, travel regulations, and FAR Subpart 31.2.

G.4 NOTIFICATION REQUIRED UNDER LIMITATION OF COST CLAUSE

FAR 52.232-20 LIMITATION OF COST, incorporated by reference in Section I, is applicable to this contract. The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe: (a) For LIMITATION OF COST:

(1) The costs the Contractor expects to incur under the contract in the next 60 days, when added to all costs previously incurred, will exceed 75% of the estimated cost specified in the schedule; or

(2) The total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less than had been previously esti mated.

NOTE: Notification requirement of LIMITATION OF COST are restated here for emphasis and to provide that notification requirements shall be provided for individual funding sources.

G.5 CONTRACT AUDIT OFFICE

The contract audits will be performed by: Defense Contract Audit Agency (Address to be designated at time of contract award)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.204-0003 LINE ITEM SPECIFIC: CONTRACTING OFFICER SPECIFIED ACRN ORDER. (SEP 2009)

The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN.

Line Item ACRN Order

5252.201-9300, CONTRACTING OFFICER AUTHORITY (JUN 1994)

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government. (End of clause)

5252.217-9301, OPTION TO EXTEND THE TERM OF THE CONTRACT – SERVICES

(JUN 1994)

(a) The Government may extend the term of this contract for a term of one (1) to twelve (12) months by written notice to the Contractor within the performance period specified in the Schedule; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 96 months. (End of clause)

5252.222-9305, WORK PERFORMED BY INDIVIDUAL ASSIGNED CATEGORIES (JUN 1994)

Regardless of any individual employee’s normally assigned category of labor, the functions being performed by that individual during any period of work at a specific site shall determine the rate to be paid for that employee (e.g., a Chemist who is performing the duties of a Technician, Level 1, shall be charged at the fixed rate for a Technician, Level 1, during the period of time he or she is performing those duties).

5252.242-9300, GOVERNMENT REPRESENTATIVES (OCT 1996)

(a) The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

X (1) The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X (2) The designated Contract Specialist will be the Administrative Contracting Officer’s representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

X (3) The designated Property Administrator is the Administrative Contracting Officer’s representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

Section H - Special Contract Requirements

SECTION H

H.1 SECURITY REQUIREMENTS

H.2 CONTRACTOR GENERATED AND/OR

COLLECTED INFORMATION

H.3 WILDLIFE PROTECTION

H.4 HISTORICAL AND ARCHAEOLOGICAL

RESOURCES

H.5 REQUIRED INSURANCE

H.6 INSTALLATION REGULATIONS

H.7 FIRE PREVENTION

H.8 SALVAGE

H.9 INDIRECT RATE CEILING

H.10 ASSOCIATE CONTRACTOR

COORDINATION

H.11 DEFINITION OF STATE

H.12 TERRITORY OF GUAM NOTICE

CONCERNING TAXES, LICENSES,

WITHHOLDINGS

H.13 GUAM PREVAILING LABOR RATES,

SERVICE CONTRACT ACT WAGE

DETERMINATION

H.14 CONTRACTOR ACQUIRED EQUIPMENT

COSTS

H.15 PROPOSAL PREPARATION COSTS

H.16 REIMBURSEMENT OF RELOCATION

COSTS AND HOME LEAVE FOR KEY

PERSONNEL

H.17 LIMITATION OF LIABILITY

H.18 CHANGES IN FEDERAL, STATE AND

LOCAL ENVIRONMENTAL LAWS AND

REGULATIONS

H.1 SECURITY REQUIREMENTS

(a) The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all installation security requirements. Upon request, the Contractor shall submit the name and address of every individual hired to work on this contract as well as any documentation, questionnaires, and other information, in whatever format required, for adjucation of security clearances.

(b) Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the installation which could result in or increase the likelihood of the possibility of a breach of the installation’s security or interrupt the continuity of its operations.

(c) Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, "Gathering, Transmitting, or Losing Defense Information," 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec. 798, "Disclosure of classified Information"

(d) Deviations from or violations of any of the provisions of this contract requirement will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and/or the withdrawal of the Government's acceptance and approval of employment of the individuals involved.

(e) Classified and/or politically sensitive material shall not be released without prior written consent of the Contracting Officer, or as expressly stated in the statement of work. In the event the Contractor requires access to classified information during performance, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.

Note: FAR 52.204-2 “Security Requirements” (Aug 1996) is incorporated by reference in Section I.

H.2 CONTRACTOR GENERATED AND/OR COLLECTED INFORMATION

(a) Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g. electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of Contractor’s services or at the completion of the contract whichever first occurs.

This shall include, but not be limited to any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings, source code and detailed system documentation.

(b) The Government shall have unrestricted access to the Contractor’s management information systems (MIS) that are directly connected with management of the Guam BOS contract. The Government shall have unli mited access to G-NET, to include source code. G-NET (including source code) is owned by the Government and managed and operated by the Contractor.

H.3 WILDLIFE PROTECTION

The Guam Base Operations Support (BOS) Services Contract may i mpact or have the potential to impact threatened species, endangered species, wildlife areas and critical habitats. Before commencing work that may disturb threatened species, endangered species, wildlife areas and critical habitats, the Contractor shall obtain all necessary permits or consultations.

H.4 HISTORICAL AND ARCHAEOLOGICAL RESOURCES

Carefully protect in-place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. Upon discovery, notify the Contracting Officer. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.

H.5 REQUIRED INSURANCE

(a) Within fifteen (15) days after award of this contract, the Contractor shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amount specified below in accordance with the FAR 52.228-7, “Insurance-Liability to Third Persons (Mar 1996), in Section I. This insurance must be maintained during the entire performance period. Before commencing work on this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

COVERAGE

Comprehensive General Liability: $500,000 per occurrence.

Automobile Liability: $200,000 per person; $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.

Workman’s Compensation: As required by Federal Workers’ compensation.

Employer’s Liability Coverage: $100,000, except in areas where workers’ compensation may not be written by private carriers.

Marine Insurance:

Protection and Indemnity: $2,500,000 per incident Hull and Machinery Insurance: $2,500,000 per incident Pollution Exposure: $2,500,000 per incident

(b) Above insurance coverage are to extend to Contractor personnel operating Government owned equipment and vehicles.

(c) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H.6 INSTALLATION REGULATIONS

The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government Installation regulations.

H.7 FIRE PREVENTION

The Contractor shall observe all requirements for handling and storing combustible supplies, materials, waste, and trash in a manner that prevents fire or hazards to persons, facilities, and material. Contractor employees and subcontractors operating critical equipment must be trained by the Contractor on how to properly respond to a fire emergency.

H.8 SALVAGE

In addition to the requirements in FAR 52.245-1, "Government Property (Apr 2012),” incorporated in Section I, upon completion of work at each individual work site, all material and equip ment removed or disconnected during the work, in useable condition, and that has not been identified for disposal or reuse shall remain the property of the Government.

H.9 INDIRECT RATE CEILING

The indirect rates as detailed in Indirect Rates and Award Fee Rate Submission Maximu m (Ceiling) Indirect Rate Ceilings, Section J, Attachment JH-1, will be incorporated into the contract and establish ceiling rates for the Contractor's indirect rate pools. Any amount incurred by the Contractor above the ceiling rate shall be unallowable unless otherwise authorized by the Contracting Officer. The ceiling rates represent the maximum indirect rates that may be charged on any effort performed under the contract. Should actual indirect rates experienced during performance of the contract be lower than those shown on Attachment JH-1, the actual rates will be charged. The Contracting Officer will consider increases to indirect rate ceilings in the following types of circumstances: changes in law/statue (e.g., fringe benefit rate increase due to change in employer Social Security rate) or contractor accounting practice changes (e.g., G&A base changed from direct labor dollars to total cost input).

H.10 ASSOCIATE CONTRACTOR COORDINATION

(a) JRM receives a variety of services from other “Associate” contractors pursuant to other contracts. This contract provides for BOS services to support government equipment and/or facilities including property that may be managed, occupied, serviced or operated by Associate contractors performing on Guam. Contractor shall coordinate/integrate its work with any associate contractor providing and/or receiving Base Operations Services to ensure complete compatibility between equipment, data, and services and to prevent unnecessary delays and schedule conflicts.

(b) In-house Government personnel and Associate Contractors managing or operating facilities or equipment supported by BOS Services include, but are not limited to:

In-house Government/Contractor Responsibilities

Government Manage & Operate MWR Clubs Government Manage & Operate MWR Theater/Bowling Alley Government Manage & Operate MWR Marina/pool/beaches Government Manage & Operate MWR Sports Programs & Gym Chugach Support Services, Inc Manage & Operate Joint Region Marianas Housing

Program Zeiders, Inc. Warfighter & Family Readiness Program

(c) The Contractor shall fully cooperate with Associate Contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to acco mmodate the other work, heeding other direction which may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

(d) If Contractor and an Associate Contractor fail to agree upon action to coordinate performance of their respective responsibilities, each contractor shall promptly bring the matter to the attention of their respective government Contracting Officer and furnish a recommendations for a solution. The Contractor shall not be relieved of its obligation to perform ti mely or be entitled to any other adjustment because of a failure of the Contractor to promptly refer such matters to the Contracting Officer.

H.11 DEFINITION OF STATE

For purposes of this contract, the noun “state”, whether or not capitalized and when used in the context of reference to a governmental entity, shall include Territory of Guam and Commonwealth of Northern Marianas.

H.12 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS

(NOTE: This clause summarizes certain requirements of Guam Territorial Law. Any questions concerning applicability or interpretation should be directed to Government of Guam, Department of Revenue and Taxation).

(a) All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.

(b) All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.

(c) Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Depart ment of Revenue and Taxation.

(d) All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.

(e) All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Depart ment of Revenue and Taxation in the same manner as similar returns and statements required…