Nasty Nick PWS.pdf

Attachment 1 – Performance Work Statement Page 1 of 22

PERFORMANCE WORK STATEMENT (PWS)

Nasty Nick Obstacle Course, Camp Mackall

Part I

General Information

1. GENERAL: This is a non-personal services contract to provide a non-destructive visual inspection service on the Nasty Nick Obstacle Course, Camp Mackall. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide a non-destructive visual inspection service on the Nasty Nick Obstacle Course as defined in this PWS, except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.1.1. This contract shall provide inspection services to the Nasty Nick Obstacle Course located on Camp Mackall, North Carolina. The contract shall support mission accomplishment by providing a non-destructive visual inspection of the Nasty Nick Obstacle Course, to include photographs and written notes on any observed structural deficiencies to be completed by a registered professional structural engineer under this contract. To meet this goal close coordination is required to efficiently provide inspection services while minimizing disruptions to operations within the facilities and meeting security requirements.

1.2. Specific obstacles receiving inspection services under this contract may be changed at any time as obstacles are built, use of obstacles change, and obstacles are taken out of service for any reason.

1.2. Background: All work performed by the Contractor shall be in accordance with all applicable laws, regulations, and commercial practices.

1.3. Objectives: The basic service objective includes the following:

1.3.1. Provide non-destructive visual inspection of the Nasty Nick Obstacle Course on Camp Mackall.

1.4. Scope: Services include a non-destructive visual inspection of the obstacles to include comments, photographs, and written notes on any observed structural deficiencies to be completed by a registered professional structural engineer.

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1.4.1. A registered professional engineer will visit the base to observe and document the condition of each obstacle. Documentation will include photographs and written notes.

1.4.2. Publish a sealed report summarizing the observations with a tabulation of each obstacle including deficiencies.

1.5. Period of Performance: The period of performance shall be for a one (1) Base Year period of 12 months and four (4) 12-month option periods.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than (NLT) within 10 days after contract award and within five (5) days of any proposed changes to the COR and KO.

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection;

discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies;

procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.6.1.1.2. Within 24 hours of completion, upon request from the COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

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1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Property Management System: Not applicable.

1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:30 PM; Friday-Sunday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings.

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1.6.5. Place of Performance: Contractor shall have routine access to view Government-controlled facilities. The work to be performed under this contract shall be accomplished at Camp Mackall.

1.6.6. Security Requirements: The Contractor shall be responsible for the security of Contractor furnished supplies, equipment, and vehicles. Security Clearances are not required. Access to Government Information Systems is not required. CAC Cards are not required.

1.6.6.1. AT Level I training. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall complete AT Level I Awareness Training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contract employee and subcontract employee to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of the training by all employees and subcontractor personnel.

This is an annual training requirement. AT Level I training is available at https://atlevel1.dtic.mil/at.

1.6.6.2. Access and general protection policy and procedures. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall comply with applicable security policies and procedures (provided by the government representative). This includes policies pertaining to the use or prohibition of electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a Government Installation, the Contractor must obtain written permission from the Senior Commander. The contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should Force Protection Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes.

1.6.6.3. Will be escorted in areas where they may be exposed to classified and/or sensitive materials. All contractor employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials. The Vendor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction)

1.6.6.4. Pre-screen applicants using E-Verify Program. The Vendor must pre-screen applicants using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the applicant has two valid forms of government issued identification. An initial list of applicants must be provided to the COR later than 7 business days after the initial contract award to start the CI-focused security screening process.

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1.6.6.5. NCIC and terrorist threat data base screening required. All contractor employees, including subcontractor employees, who are not in possession of a current Common Access Card (CAC) will be vetted by the local security office to determine fitness and eligibility for access IAW DTM 09-012, paragraph 2.b(4) to include but not limited to an NCIC and Terrorist Database screening. The Vendor will ensure that the government has sufficient biographical information to conduct said screening including, but not limited to the person's name, date of birth, and social security number.

1.6.6.6. Requirement for OPSEC training. Per AR 530-1, Operations Security, new contract employees must complete OPSEC Level I training within 30 calendar days of reporting for duty.

All contract employees must complete annual OPSEC Awareness Training.

1.6.6.7. iWATCH training. The Vendor and all associated sub contractors shall brief all employees on the local iWATCH program (training standards provided by the government requiring activity Antiterrorism Officer (ATO)). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the designated security office. Training shall be completed within 60 calendar days of contract award and within 30 calendar days of new employees' commencing performance with the results reported to the COR no later than 90 days after contract award and new employees' commencing performance.

1.6.7. Key Control: Not Applicable.

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO and/or COR may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO and/or COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, Attachment 1 – Performance Work Statement Page 6 of 22 estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.10. Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

1.6.10.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 7:30 AM to 4:30 PM, Friday through Sunday, except federal holidays or when the government facility is closed for administrative reasons.

1.6.10.2. Qualifications for all Key Personnel:

1.6.10.2.1. Project Manager (PM): The Contractor shall provide a full-time Project Manager who shall be responsible for the overall management, coordination, and performance of work under this contract. The name of this person and alternate(s) who shall act for the Contractor when the manager is absent shall be designated in writing to the KO at the Post Award Conference.

1.6.10.2.2. The Project Manager shall be fully qualified in the management and coordination of the non-destructive visual inspection of the Nasty Nick Obstacle Course.

1.6.11. Contractor Personnel:

1.6.11.1. Identification of Contractor Personnel: All Contractor personnel attending meetings, answering government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials.

1.6.11.1.1. All Contractor personnel performing work under this contract shall have a Photo I.D.

The Photo I.D. shall be worn at all times, when performing work under this contract, to include attending government meetings and conferences. Unless otherwise specified in the contract, Contractor personnel shall wear the Photo I.D. in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.

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1.6.11.1.2. Contractor personnel shall be required to obtain a Photo ID at least ten (10) work days prior to start of base contract period or prior to performance under this contract, whichever comes first.

1.6.11.1.3. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

1.6.11.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.6.12. Contractor Travel: not applicable.

1.6.13. Other Direct Costs (ODC): not applicable.

1.6.14. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, to include the source codes of any software, produced under this task order shall be government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without written permission from the contracting officer. All materials supplied to the government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.

1.6.15. Reserved

1.6.16. Organizational Conflict of Interest:

1.6.16.1. Purpose. To aid in ensuring that:

1.6.16.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.6.16.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.16.2. Definitions.

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1.6.16.2.1. The term “Contractor” herein used in section 1.6.16., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.16.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.16.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.16.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.16.3.2. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.16.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.6.16.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

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1.6.16.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.6.16.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.6.16.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.6.16.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.16.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.16.5. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

1.6.16.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee

Attachment 1 – Performance Work Statement Page 10 of 22 will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.16.7. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.16.4., 1.6.16.5., and 1.6.16.6. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.6.16.4. above. The use of section 1.6.16., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.16.8. Additional Constraints. Not applicable.

1.6.16.9. Conflicts Involving Future Procurements. The award of this contract, government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.16.10. Representations and Disclosures.

1.6.16.10.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.16.10.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.6.16.11. Remedies and Waiver.

1.6.16.11.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.16., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.16.11.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from

Attachment 1 – Performance Work Statement Page 11 of 22 the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.6.17. Phase-In/Phase-Out Periods: not applicable.

1.6.17.1. Reserved.

1.6.17.2. Reserved.

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PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor, as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.7. FACILITY CLEARANCE. Not applicable.

2.1.8. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP). Not applicable.

2.1.9. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

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2.1.10. LOCAL TRAVEL: Any travel that is required to perform services IAW the PWS that is within a 50-mile radius of the place of performance.

2.1.11. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.12. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.13. PROPERTY ADMINISTRATOR (PA). Not applicable.

2.1.14. PROPERTY MANAGEMENT SYSTEM. Not applicable.

2.1.15. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.16. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.17. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.18. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.19. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.20. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Form 254 DFARS Defense Federal Acquisition Regulation Supplement

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DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase-In/Phase- Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit

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PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Government Furnished Services and Supplies: None.

3.2.1. Reserved.

3.2.2. Reserved.

3.2.3. Reserved.

3.2.4. Reserved.

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PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2. Secret Facility Clearance: not applicable.

4.3. Materials: The Contractor shall provide materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall furnish a sufficient number of vehicles suitable for the transportation of personnel, materials, and equipment for use in the performance of this contract.

The Contractor's vehicles shall meet applicable state vehicle safety standards, Army Installation Regulations, and shall be maintained in a serviceable and presentable condition. The Contractor shall display his company name on all vehicles to be used in the performance of the inspection.

4.4.2. Equipment for the execution of this contract is the responsibility of the Contractor unless otherwise designated as Government furnished. All equipment shall be maintained by the Contractor to provide an efficient and continuing operation. The different types of equipment shall be the responsibility of the Contractor; however, the quantity shall be sufficient to maintain the approved schedule of work with consideration for breakdowns and routine maintenance.

4.5. Lost and Found: All articles found by Contractor personnel to whom a reasonably prudent person would assign monetary, personal, or other value (including possible contraband items) shall be turned in to the COR. The Contractor shall obtain receipts for articles turned in to the

COR.

4.6. Contractor Damages: The Contractor shall be responsible for all damages to Government property occurring as a result of contract employees’ work and shall make all necessary repairs at no cost to the Government and to the satisfaction of the Government. The Contractor shall reimburse the Government for damages within thirty (30) days of occurrence. The Contractor shall notify the COR no later than the next work day of any damages caused by the Contractor employee’s or equipment.

Attachment 1 – Performance Work Statement Page 17 of 22

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide annual visual structural inspections of the Nasty Nick Obstacle Course at the Rowe Training Facility, Camp Mackall, North Carolina.

5.2. Specific Tasks for Inspection:

5.2.1. Contractor shall provide the following services to the obstacles identified in this PWS at the frequencies identified in the applicable paragraph number. Results to be achieved are specified by “RESULT” at the completion of each occurrence.

5.2.2. Obstacles 1-26: Perform a non-destructive visual inspection of the obstacles and comment on any observed structural deficiencies.

5.2.2.1. RESULT: A registered professional engineer observed and documented the condition of each obstacle which included photographs and written notes. The documentation was published in a sealed report summarizing the observations with a tabulation of each obstacle including deficiencies.

5.3. Reserved.

5.4.1. Smoking:

5.4.1.1. Smoking is prohibited inside of all building located on the installation.

5.4.1.2. Smoking is prohibited in the courtyards of Federal buildings, or within 25 feet of doorways and air intake ducts.

5.5. Contract Manpower Reporting (CMR):

5.5. Contractor Manpower Reporting: The Secretary of the Army affected an initiative to obtain better visibility of Contractor services workforce. In support of the initiative, the Office of the Assistant Secretary of the Army, Manpower and Reserve Affairs, implemented a process to capture information on funding source, contracting vehicle, organization supported, mission and function performed, and labor hours and costs for contracted efforts.

5.5.1. Support the initiative, all Contractors holding service contracts are required to report certain information. Contractors shall report information via a Contracting Manpower Report (CMR). The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including sub-contractor manpower) required for performance of this contract. The required information includes the following data elements:

5.5.1.1. Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative;

Attachment 1 – Performance Work Statement Page 18 of 22

5.5.1.2. Contract number, including task and delivery order number;

5.5.1.3. Beginning and ending dates covered by reporting period;

5.5.1.4. Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data;

5.5.1.5. Estimated direct labor hours (including sub-contractors);

5.5.1.6. Estimated direct labor dollars paid this reporting period (including sub-contractors);

5.5.1.7. Total payments (including sub-contractors);

5.5.1.8. Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-contractor if different);

5.5.1.9. Estimated data collection cost;

5.5.1.10. Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purpose of reporting this information);

5.5.1.11. Locations where Contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

5.5.1.12. Presence of deployment or contingency contract language; and

5.5.1.13. Number of Contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

5.5.2. The Reporting Period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year. Contractors must report the information by 31 October of each calendar year. Contractors shall report the required information to the CMR System. Data may be entered into the CMR system at any time during the contract’s period of performance; however, data must be accurate and complete and entered into CMR during the data gathering period of 1 October through 30 September for every year, or part of a year, for which the contract is in force. The CMR System web address is as follows:

https://cmra.army.mil/. Contractors may direct questions to the help desk.

5.5.3. Contractors may use a direct Extensible Markup Language (XML) data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s systems to the secure web site without the need for separate

Attachment 1 – Performance Work Statement Page 19 of 22 data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the web site.

5.5.4. Contracting Officer’s Representative: The Contracting Officer’s Representative shall ensure that Contractors report the required information, as set forth in the COR appointment letter and surveillance plan.

5.6. Contractor Manpower Reporting: The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October of each calendar year, beginning with 2022. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. The required data fields include:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

(5) Estimated direct labor hours (including sub-contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub- contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Product Service Code (PSC)/Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant PSC/FSC for each sub-contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army

Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor, and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Attachment 1 – Performance Work Statement Page 20 of 22

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1. General. Publications and forms applicable to this contract are listed below. The publications and forms have been coded as mandatory or advisory.

6.2. The Contractor is obligated to follow those publications and use those forms coded as mandatory to the extent specified herein. The Contractor shall be guided by those publications or use those forms coded advisory to the extent necessary to accomplish requirements in the contract. The Government at contract start date will provide all publications and forms listed. It is the responsibility of the Contractor to establish follow-on requirements through the COR to the Publications Office.

6.2.1. All military publications and forms listed are found at the following web sites:

http://www.opm.gov/forms/ http://www.army.mil/usapa/eforms/#eforms_range and http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm

6.3. Supplements or amendments to these publications from any organizational level may be issued during the life of the contract. The Contractor shall immediately implement those changes in publications that result in no change or in a reduction to contract price. Prior to implementing any such revision, supplement or amendment that will result in an increase in the contract price, the Contractor shall submit to the Contracting Officer a price proposal and obtain the prior approval of the Contracting Officer for implementation of such changes. The price proposal shall be submitted within thirty (30) days from the date the Contractor receives notice of the revision, supplement or amendment giving rise to the increase in cost of performance. Changes in the contract price due to supplements and amendments to regulations shall be handled under the "Changes" clause included under FAR Clause 52.212-4. Failure of the contractor to submit a price proposal within thirty (30) calendar days of the date of receipt of any supplement or amendment to regulation shall entitle the Government to performance in accordance with such change at no increase in contract price. The Contractor shall ensure that all publications are posted and up to date. Upon completion of the contract, the Contractor shall return to the Government all publications and any amendments issued hereunder. Publications may be obtained from either the official DOD publication web site or the Fort Bragg publication web site.

6.4. Army Publications and regulations applicable to this PWS are listed below:

6.4.1. Applicable Publications.

PUBLICATIONS:

NUMBER DATED DESCRIPTION MANDATORY

ADVISORY

AR 11-27 Jun 0 Army Energy Program X

Attachment 1 – Performance Work Statement Page 21 of 22

AR 200-1 Dec 07 Environmental Protection X And Enhancement DAPAM 385-10 Jan 10 Army Safety Program X AR 40-400 Jan 10 Medical Services Patient X Administration AR 190-5 Jan 06 Motor Vehicles Traffic X Supervision EM-385-1-1 Nov 08 Safety and Health X Requirements Manual 29 CFR 1910 General Industry's OSHA X AR 420-90 Sep 97 Fire Emergency Services X AR 40-5 Oct 90 Preventive Maintenance X

Attachment 1 – Performance Work Statement Page 22 of 22

TECHNICAL EXHIBIT LISTING

7. Technical Exhibit List:

7.1. Technical Exhibits:

Technical Exhibit 1 Performance Requirements Summary