PWS.doc

PERFORMANCE WORK STATEMENT (PWS)

Rotational Life Support Joint Readiness Training Center Mission Installation Contracting Center Fort Polk, LA

PART 1 GENERAL INFORMATION

1.0 General: The Contractor shall be responsible for furnishing all labor, materials, equipment, and services incidental to the set-up, operations, and removal of life support structures and services at Fort Polk, LA and other locations as identified in this document and ordered on individual Task Orders in support of special training exercises conducted by the Joint Readiness Training Center (JRTC), Fort Polk, Vernon Parish, LA. The Contractor shall ensure all resources are placed, maintained, serviced, operated, and removed in accordance with (IAW) the requirements established in this Performance Work Statement (PWS).

Description of Services/Introduction: The Contractor shall provide life support services in the form of personnel, equipment, supplies, facilities, transportation, tools, materials, and supervision to resource operational support to JRTC, Operations Group.

Background: The JRTC is a diversified training base that conducts an average of ten training exercises, known as rotations, in a 12 month period for Joint Task Forces. The scope of these exercises varies from mission to mission and range from 500 to 10,000 personnel. Support for some rotations may extend to other training areas associated with JRTC. These areas may include, but are not limited to, the Intermediate Staging Base (ISB) located at Alexandria, LA and Camp Beauregard located near Pineville, LA.

Unique unit requirements for training events and national emergencies (hurricanes, tornadoes etc): Training may also include smaller one-time, un-forecasted exercises that require only partial support. All PWS specific requirements for services, support, materials and equipment as defined in this PWS shall apply to all task orders issued to support such events.

Objectives: The general components required by this PWS to establish the life support at the sites to include the items identified in the menu list.

The Contractor shall be responsible for performing the following services IAW this PWS and task orders: Set-up, operation, maintenance, servicing, repair, and tear down of all Contractor and/or Government furnished components at the site; fueling operations of all applicable components with Government furnished JP-8 fuel; collecting, and disposing of all grey water generated by hand wash stations; providing fresh water services utilizing government-furnished potable water to government and Contractor-furnished hand wash and hygiene facilities; and providing and maintaining storage/dispensing points with government-furnished potable water.

The services and support required by this PWS will be provided during the execution of the training exercises which presents a unique set of circumstances and situations. The training at JRTC is conducted to a high degree of realism that replicates an actual conflict area. Although all contract support personnel entering the training area are considered to be “non-participants” in the actual training, they will be exposed to simulated combat situations that include checkpoints, large slow-moving convoys with no way around and occasional simulated gunfire and pyrotechnics in proximity to their locations as they move through the training areas.

Scope: The Contractor shall be responsible for furnishing all plant, labor, materials equipment and services, and performing all work incidental to the set-up, operations and removal of life support structures and services at Fort Polk, LA and other locations as identified in this document and ordered on individual Task Orders in support of special training exercises conducted by the JRTC, Fort Polk, Vernon Parish, LA. The Contractor shall ensure all resources are placed, maintained, serviced, operated, and removed IAW the requirements established in this PWS.

Period of Performance: The period of performance shall be a period of twelve (12) months.

Period of Performance: December 21, 2021 to December 20, 2022

General Information

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

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) ten (10) days after contract award and within five days of any proposed changes to the Contracting Officer’s Representative (COR) and Contracting Officer (KO). A printed and electronic copy of the QCP will be delivered to the KO and COR on a disk in Microsoft Word format NLT 10 days after contract award. Any proposed changes to the QCP will be delivered in person to the KO and COR in print and electronically in Microsoft Word format.

1.6.1.1. 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. The Contractor shall include in the QCP internal measures to address violations listed in the Performance Requirement Summary (PRS) checklist. The Contractor shall provide a summary monthly report to the KO and COR on courses of action taken to address PRS violations.

1.6.1.1.2. Within 24 hours of a 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, to include 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 to the KO through the COR 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.

Contractor Discrepancy Report (CDR): A CDR will be issued when the Contractor's performance is unsatisfactory. The Contractor shall reply in writing within five work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action(s) taken, and procedures to preclude recurrence. The CDR documentation will include, at a minimum, reference the specific contract requirement, the specific deficiency to the requirement, where (to include the date and time) it was discovered, the focal point for the Contractor who was notified and suspense date for Contractor response. Non-conformances shall be classified in one of three categories: Level I (Minor), Level II (Major) or Level III (Critical).

1.6.1.2.1. Level I (Minor) nonconformance is defined as a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor nonconformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued to the Contractor either through a verbal or written Contract CDR. However, even verbal CDRs are still required to be documented by the Government. The COR may issue Verbal Level I CDRs directly to the appropriate level of Contractor management if the KO included such authority in the COR’s designation letter. When CORs are designated the authority to issue verbal level I CDRs, the CORs will notify the KO when the CDR is issued and document those CDRs in their monthly reports. Written CDRs will be signed and issued by the KO.

1.6.1.2.2. Level II (Major) nonconformance is defined as a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Deficiencies that are recurring (a number of level I nonconformance documented by the Government) or for a non-responsive Contractor indicating a trend or failure of the Contractor’s quality control can also be classified as a level II CDR. The KO will issue all level II CDRs in writing to the appropriate Contractor management level in order to emphasize the seriousness of Contractor’s failure to comply with requirements and the possible contractual remedies for failing to take appropriate CA. The written CDR shall require the Contractor to develop a Corrective Action Plan (CAP) which identifies the root cause, CA for the root cause, CA for the specific nonconformance and the date the CA will be completed.

1.6.1.2.3.Level III (Critical) nonconformance is defined as a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDR; or is for a non- responsive Contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the Contractor requiring the development of a CAP by the Contractor which identifies the root cause, CA for the root cause, CA for the specific nonconformance and the date the CAs will be complete. The MICC contracting office director or deputy director will issue all level III CDRs with a cover letter on MICC contracting office letterhead to Contractor senior management in order to emphasize the seriousness of Contractor’s failure to comply with requirements and the possible contractual remedies/consequences for failing to take appropriate CA.

1.6.1.3. Quality Assurance: 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). 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.

Property Management System: N/A

Federal Government Holidays: Contractor is required to operate on holidays. Rotation Support is a 24/7 Operation from start to completion. The following are recognized federal holidays:

Hours of Operation: On-site services shall be performed 24 hours/day, 7 days/week to include holidays. The Contractor will not be required to keep a supervisor on duty 24 hours/day, 7 days/week but the supervisor shall be considered to be on-call at all times. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedule may be considered. Normal hours of operation are 7:30 AM to 4:30 P.M. Central time. Assembly and tear down of operation site should take place during daylight hours when possible. However, Rotational Training Exercise is a 24/7 operation and will require services to be performed 24/7 to include weekend and holidays.

Place of Performance: Work performed in accordance with this PWS shall be at JRTC, Fort Polk, Peason Ridge, ISB at England Air Park Alexandria LA, Camp Beauregard LA, and Horse Head (located two miles north of Peason Ridge training area). Performance may be extended to additional locations that house training facilities in support of the JRTC and Fort Polk RTU mission.

Security Requirements: Security clearances are not required. Information regarding Fort Polk installation security requirements can be found at Annex A, Installation Specific Security Requirements for PWS/SOW/SOO. Request for background checks will be submitted through the COR to G2 for review and approval.

Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment and materials shall be secured. The Contractor shall secure and protect all personnel and property under their purview IAW Army Regulation (AR) 190 series regulations. This includes, but is not limited to; personnel; buildings; sensitive items; machinery; materials; office furnishings; petroleum, oil & lubricants (POL); prescribed load list (PLL), etc.

Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO and COR.

In the event keys are lost or improperly duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

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

Special Qualifications: The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this paragraph during the execution of this contract. Electricians need to be certified by the State of Louisiana and have passed the requirement under the National Electrician Code certification program. Fuel handlers need to be certified by the State of Louisiana.

Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion to the COR within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program (training standards provided by the requiring activity Anti Terrorism Office (ATO)). This local 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. This training shall be completed within 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract.

OPSEC Training: Per AR 530-1, Operations Security (OPSEC), the Contractor shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.

Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoD Directive (DoDD) 8570.01, DoD 8570.01-Manual and AR 25-2 within six months of employment.

Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13 (Please see TE 1 to the PWS for more information).

1.6.9. 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 FAR Subpart

42.5. The KO and COR, as supplemented by other appropriate government personnel, must meet quarterly at a minimum with the Contractor to review the Contractor's performance. At these meetings, the KO 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.

Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government Furnished Property (GFP), and provide 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, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract or task order.

The COR will assist the Contractor in determining precise placement of items on the Camps and continuous coordination support between the Contractor and the Military. The Contractor shall not take direction from any other person, regardless of the rank or station of the person that affects this Task Order.

Key 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 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 10 work days of the termination.

The following personnel are considered key personnel by the Government:

1.6.11.1.1. Contract Manager: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the Contract Manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 24/7 during task order period.

1.6.11.1.2. Site Manager: The Contractor shall provide on-site support personnel to include a Site Manager and provide 24-hour maintenance, repair and servicing tasks on Contractor furnished components. The Site Manager shall be able to address all service requests within two (2) hours of notification. The Contractor shall also be responsible for coordinating service and/or maintenance response from subcontractors to specialized components such as generators that require support above the capability of the on-site personnel. The overall supervisor shall maintain 24 hours a day, 7 days week communications availability to the COR from contract award date until all task order requirements have been fulfilled, to include teardown.

All Contractor personnel shall conform to standards of conduct and code of ethics, which are consistent with those applicable to Government employees as provided in the Joint Ethics Regulation 5500.7.R. Contractor personnel shall present a neat professional appearance and be easily identified. This shall be accomplished by wearing distinctive clothing bearing the company name and by wearing appropriate badges that contain the company name and employee’s name.

Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

Contractor Personnel:

Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the company name, employee name and a color photo of the employee. ID badges for key personnel shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the COR prior to the conclusion of the Phase-in period and updated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Contractor shall comply with Fort Polk Form 380, May 2012.

Installation passes: The COR will coordinate the issuance of required installation passes with the JRTC and Fort Polk S2.

The Contractor shall comply with all applicable federal, state and local laws and ensure equipment is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

Physical Requirements and Work Environment. The work is primarily performed in a field setting. The Contractor shall be responsible for ensuring that their employees are familiar with and follow normal safety precautions typical in a field environment.

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.

Organizational Conflict of Interest:

Purpose. To aid in ensuring that:

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

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.

Definitions.

The term “Contractor” herein used in section 1.6.13, 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.

The term "proprietary information" for purposes of section 1.6.13, 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.

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.

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.

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.

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).

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).

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).

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.

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.

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.

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 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.

Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.13.4, 1.6.13.5, and 1.6.13.6 in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.6.13.4 above. The use of section 1.6.13., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

Additional Constraints: Task Orders issued under this contract may impose additional requirements and/or restrictions relating to 1.6.13., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor (in response to a RTOP), by submitting its proposal, the Contractor represents that it has disclosed to the KO, prior to the issuance of the task order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

Conflicts Involving Future Procurements. The award of Task Orders, 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.

Representations and Disclosures.

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.

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.

Remedies and Waiver.

For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.13, 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 or any Task Order issued under this contract for convenience, if such termination is deemed to be in the best interest of the Government.

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 the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, 30 days during the Phase-in period. During the Phase-in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. No requirement for a Phase-out period is required.

Camp Set-up and Routes

Site Setup: The Contractor shall ensure all components at the sites are in place and operating at the specified capacities/capabilities a minimum of 48 hours in advance of the date listed on the task order for occupancy by the Advance Party (ADVON). This requirement is placed to ensure that at the completion date, all components have been tested and any deficiencies noted are corrected prior to the Military making actual occupation of the site. The Contractor shall be responsible for placing the components on the site IAW the COR directions.

Routes: The Contractor shall use only those routes approved by the Government to place, service and remove all components required by this PWS. During the exercise, the Contractor shall be responsible for ensuring all contractor personnel, to include subcontractors, adhere to these routes and all Installation traffic rules and/or regulations. The adherence to the routes, rules and regulations shall be in effect at all times during the execution of this contract and shall be strictly enforced.

Safety: Prior to commencement of work, the Contractor shall provide to the Garrison Safety Office (GSO) a copy of their site-specific Safety Plan that includes a completed Activity Hazard Analysis (AHA) of significant hazards and plan to control identified hazards. In this Safety Plan the Contractor's Safety and Occupational Health Program shall be documented. The Contractor shall report accidents/mishaps to the COR. The GSO and other safety personnel on post reserve the right to perform visual inspections of the Contractor's and subcontractor's job site. Any non-compliance or violations will be reported to the COR.

Environmental/HAZMAT Responsibilities: The Contractor shall be responsible for ensuring all applicable Fort Polk, State of Louisiana and federal rules and regulations are strictly adhered to and practiced during the performance of all activities ordered by this PWS. In the event that an accident does occur on the site or on the travel routes, it shall be the Contractor’s responsibility to perform all clean-up actions as directed by the Government. The Government shall also have responsibility for monitoring the Contractor’s equipment/components and activities and the authority to require the Contractor to correct any deficient conditions or actions immediately. Areas of particular concern are: fuel transport, handling and equipment refueling operations; precautions taken to contain fuel spills resulting from failure of fuel storage tanks and/or distribution components; collection and the handling and disposal of gray water, although the Contractor is not required to have contractor personnel attend any environmental training or certification classes IAW this PWS, Contractor is required to visit with the Fort Polk Environmental Compliance Office and become familiar with all applicable Fort Polk Environmental Rules and Regulations.

Transfer of Accountability (TOA): The Contractor shall be responsible for the accountability of all items furnished IAW this PWS until the Military occupies the site, at which time the Military will assume accountability for the site. TOA will be accomplished by means of a joint 100% inventory of all site components conducted by the Contractor Supervisor and the Military Person in rank of E-7 or above. At the completion of the joint inventory, the commander-designated representative shall sign for all components he/she is accepting accountability for. At the completion of operations at the Tactical Training Base (SITE), this action shall be reversed and the Contractor shall regain accountability for these SITE components. It shall be the Contractor’s responsibility to prepare all paperwork necessary to accomplish the TOAs. The Contractor shall submit a Lost or Damaged Claim to the Contracting Officer through the COR no later than fourteen (14) days from the date that the Rotational Training Unit (RTU) clears the SITE. The Contractor is responsible only for those items ordered by a task order IAW this PWS.

Type of Contract: The Government anticipates an award of a Firm Fixed Price single award ID/IQ contract.

PART 2 DEFINITIONS AND ACRONYMS

2.0 DEFINITIONS AND ACRONYMS:

DEFINITIONS:

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

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

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.

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

DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes. Accident reports, Any employee changes, screening checks of new employees.

FULL SPECTRUM OPERATIONS: A training exercise that varies in scenario and contract requirements from that of a Mission Rehearsal Exercise (MRE).

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance

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

PERFORMANCE REQUIREMENT 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.

2.2. ACRONYMS: ADVON Advanced Party

AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AR Army Regulation AT Antiterrorism ATO Antiterrorism Office BCT Brigade Combat Team BLST Brigade Logistics Support Team CA Corrective Action CAP Corrective Action Plan CDR Contract Discrepancy Report CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative CSH Combat Support Hospital CT Compensatory Time DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFAC Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense ECP Entry Control Point ECU Environmental Control Unit, see (HVAC) FAR Federal Acquisition Regulation FB Fire Base FoF Force on Force FP Force Protection FPCON Force Protection Condition FSO Full Spectrum Operations GAL/DAY Gallons per day GFE Government Furnished Equipment GFI Ground Fault Interrupter GFM Government Furnished Material GSO Garrison Safety Office HAZMAT Hazardous Material HNSF Host Nation Security Forces HVAC Heating Ventilation Air Conditioning, see (ECU) HWS Hand Wash Station IA Information Assurance IAT Information Assurance Technician IAW In Accordance With ID Identification ISB Intermediate Staging Base IT Information Technology JCOP Joint Combat Outposts JP-8 Jet Propellant 8 JRTC Joint Readiness Training Center KO Contracting Officer KW Kilowatt LFX Live Fire Exercise MRE Mission Rehearsal Exercise MWR Morale Welfare and Recreation NEC National Electrical Code NFPA National Fire Prevention Association NLT No Later Than OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security OT Overtime PIPO Phase In/Phase Out PLL Prescribed Load List POC Point of Contact POL Petroleum, Oil, Lubricants POP Period of Performance 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 Program RTU Rotational Training Unit SITE Tactical Training Base SOF Special Operation Forces TE Technical…