PWS.pdf

CONTRACT PERFORMANCE WORK STATEMENT

1. Scope:

This contract is an Indefinite Delivery/Indefinite Quantity (IDIQ) commercial services contract for the procurement of Construction Management Services that will support the existing workforce in the Naval Facilities Engineering

Systems Command Pacific Area of Responsibility (AOR). The services will provide increased capability to support construction projects and associated efforts undertaken by NAVFAC Pacific, primarily for the Shipyard

Infrastructure Optimization Program (SIOP) program, Joint Task Force Red Hill (JTF-RH), Defense Policy

Review Initiative (DPRI), Pacific Deterrence Initiative (PDI) and other customers located within the NAVFAC

Pacific Area of Responsibility (AOR) as listed in Section A of the Request for Proposal (RFP).

1.1 Requirements:

The contractor shall provide construction management services including but not limited to the positions listed in paragraph 1.1.2. These positions shall work a normal work schedule as defined in paragraph 2.12, unless otherwise stated in the task order PWS.

1.1.1 The contractor shall furnish qualified and properly trained personnel and ensure each employee recognizes the scope of their duties before commencing work. The contractor shall be responsible for the control and supervision of personnel performances. This includes employee leave and timekeeping issues.

1.1.2 The Government intends to procure Construction Management Services. Contractor personnel must be qualified to perform the duties of their assigned labor classifications, be U.S. citizens, hold valid, current drivers licenses in good standing, and are required to obtain/retain a security clearance. Positions encompass the following capabilities:

Construction Manager Contractor Support (CMCS)

Engineering Technician Contractor Support (ETCS)

Scheduler Contractor Support

Design Technical Support

Program Coordinator

Commissioning Services

Program / Project Risk Analyst

Senior Program Manager

Munitions and Explosives of Concern (MEC) Quality Assurance

Crane / Weight Handling Inspec

Elevator Inspector

Construction Safety Oversight – Certified Safety Professional

Construction Safety Oversight – Safety Trained Supervisor

Command Control Communication Computers Information Technology (C4IT) Infrastructure Quality

Assurance Technician

However, work that is not covered by one of the specific labor categories identified above, but which is within the contract scope and general intent, may be negotiated by the Contracting Officer on individual task orders.

1.1.3 The contractor shall immediately commence work upon award of each task order by submitting the resumes of qualified individuals to the Contracting Officer. Once accepted by the Contracting Officer, the approved candidate shall be physically onboard no later than 45 days after task order award. Contractor employee will be considered physically onboard when they are in place at the government-designated worksite, ready and able to perform the functions of the designated position including possession of a

Common Access Card (CAC). Renewal of each position will be subject to the exercise of the option period by the Government.

1.1.4 Work shall be performed in accordance with the general paragraphs and contract clauses in the contract and subsequent task orders.

1.1.5 The Service Contract Act will apply where applicable. Wage Determinations will be determined on a task order basis.

2. GENERAL REQUIREMENTS

2.1 The overall management responsibility for the administration for the contract resides with the Government.

2.2 Non-Personal Service Statement. The contractor shall not provide personal services as defined by FAR 37.104.

Employees performing services shall be controlled, directed, and supervised at all times by contractor management personnel. Management shall ensure that employees properly comply with the performance work standards outlined in this PWS. Employees shall perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any

Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition

Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

2.3 Professional Supervision. All services provided under this contract shall be performed under the supervision and direction of qualified personnel

2.3.1 Supervision of personnel on this contract is the responsibility of the contractor. As a practical matter, Government personnel may on a frequent basis, directly coordinate with or provide guidance and/or other types of information to contractor personnel concerning the technical or administrative aspects of work being performed.

This is particularly true in those instances where Government and contractor personnel are working in close proximity with one another. However, at all times the direct lines of communication for establishing work requirements and standards of quality will come through the contractor’s management chain of supervision.

2.4. Replacement of Personnel. The contractor shall be responsible for assuring that personnel used in performance of program management and engineering services have appropriate qualifications for accomplishment of the tasks assigned The Government may in writing, require the contractor to remove from the work any of its personnel that the Government reasonably determines are unqualified or otherwise fail to adequately perform tasks assigned to them. The contractor shall notify the COR within five (5) business days of an employee’s intent to resign or if they are being terminated and conduct a suitable turnover period to ensure no loss of quality or consistency of services in execution of the task order. Invoices will not charge for services not performed, and shall be prorated accordingly.

2.4.1. The contractor shall provide to the Contracting Officer a complete resume of the proposed substitution candidate (with comparable qualifications – subject to determination by the Contracting Officer) of the individual being replaced within 10 business days of the notice of termination an individual. The Contracting Officer will notify the Contractor within 15 business days after receipt of the resume, and all required information, as to the approval of the substitute. Once approved, the Contractor shall provide a qualified replacement and mobilize such personnel at no cost to the Government. No change in fixed unit prices may occur as a result of personnel substitutions. Should the contractor fail to fulfill this requirement, the Government reserves the right to terminate the task order.

2.5 Other Policies Concerning Contractor Personnel.

2.5.1 When performing work associated with this PWS, personnel shall make clear to all individuals they deal with that they are Contractor employees and not DoD employees. Identification of contractor personnel also applies to all communication whether written or verbal. Vehicles provided and operated by contracted personnel must also be identified by a company decal or placard. Government will not furnish vehicles for contractor personnel.

All personnel employed by the Contractor under this contract shall read, write, speak, and understand the English language sufficiently to be competent and qualified for the work assigned. Contractor employees shall also be physically able to perform and shall be free from communicable diseases. The contractor shall use only fully trained, experienced and technically proficient personnel. Training at Government expense will not be authorized for the purpose of keeping contractor personnel abreast of the state of the art. The COR will require the Contractor to remove from the Government premises all Contractor employees deemed careless, incompetent, disruptive, or otherwise objectionable or whose continued presence is deemed to be contrary to the interest of the Government.

Should individuals be removed due to this clause, the contractor will be required to continue the service with another individual that is fully qualified to perform the duties herein at no extra cost to the Government. Any overlapping of individuals to perform transfer of duties shall not to be charged to the Government.

2.5.2 Contractor personnel shall not perform “Inherently Governmental Functions” as defined by FAR 7.5. As a matter of law and policy, an Inherently Governmental Function is one so intimately related to public interest as to mandate performance by Government employees. Personnel shall not manage, supervise or task DoD civilian employees or military personnel while performing the tasks within this PWS. The personnel shall perform assigned tasks and coordinate with construction contractors to the extent necessary, but shall not direct the construction contractors. Contractor personnel shall not undertake any action, which would create or modify Federal policy, obligate appropriated funds, bind or make any commitment for the expenditure of U.S. Government resources.

Further, measures shall be taken to avoid all appearance that the personnel have authority to bind or make commitments on behalf of the Government. However, contractor personnel must provide acceptance recommendations for each facility and systems per NAVFACINST3960.1.

The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances will the Government assign tasks to or prepare work schedules for individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor feels that any actions constitute or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer or Contracting Officer’s Representative immediately.

2.5.3 Contractor personnel shall be required to safeguard data files and output products, regardless of format or media, in accordance with appropriate security measures for classification of data being handled during this contract

(see DoD Regulation 5200.1). Contractor personnel shall also safeguard Privacy Act Information in accordance with existing regulations. The contract, or the performance thereof, may involve access to information affecting the national defense of the United States within the meaning of the Espionage Laws, Title 18, U.S.C. Sections 793 and

794. The transmission or the revelation of the classified contents, or of the classified matter to which access may be held, in any manner to an unauthorized person is prohibited by law, in accordance with FAR 52.204-2, Security

Requirements (MAR 2021).

2.5.4 Contractor personnel working on Government projects will be required to identify themselves as “contractors”.

The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. Employees shall conduct themselves in a proper, efficient, courteous and businesslike manner. The contractor shall take prompt, appropriate action in all instances of employee misbehavior that may reflect adversely upon the Government. The contractor shall furnish to the Contracting Officer or designated representative, for review, a written report of disciplinary action taken in those instances where an infraction of Government regulations has been reported and substantiated.

2.5.5 Persons entering Government Property are, as a condition of access, subject to searches of all vehicles and personal belongings by Security Police or Sentries. This includes, but is not limited to, briefcases, handbags, boxes, sealed packages, and personal articles. Random Administrative Vehicle Inspections (RAVI) are conducted by

Security Police each day at various hours and locations on base. If selected for a vehicle inspection, be prepared to open your glove box, hood, trunk, doors, and provide personal items for inspection to Security. If challenged by

Base Sentry keep your hands in sight and follow their instructions. Compliance with their direction is mandatory.

Disagreements with Base Sentry actions or directions shall be brought to the attention of the Installation Security

Director for proper resolution

2.5.6 Some of the work described herein is sedentary, performed in an office setting while other work include physical activity during field surveys and construction site visits. Automobile travel may be required. The position may require long periods of sitting in meetings, intense concentration and working under time constraints. Walking will be required throughout the workplace facilities and at work sites. The work environment involves everyday risks or discomforts that require normal safety precautions typical of such places as conference rooms or office spaces. Field visits may involve entry by climbing, walking onto elevated structures, walking over rough, uneven and rocky surfaces, into foundation spaces and into buildings under construction. Individuals shall be able bodied, as the work requires some physical exertion such as long periods of standing; walking over rough, uneven or rocky surfaces; climbing upon ladders; lifting/moving office files; recurring bending, crouching, stooping, reaching or similar activities.

2.6 Security Requirements

2.6.1 All programs and materials developed at government expense during the performance period of this contract are the property of the US Government.

2.6.2 Prior to granting an employee access to controlled unclassified information and/or materials, the contractor shall brief employees with regard to their obligation to comply with the policies of NAVFAC, to include any changes and/or amendments. A list of all employees who have had access to information received during the period of this contract shall be maintained by the contractor company and be available.

2.6.3 Access to General Protection/Security Policies and Procedures. All contractor employees, including subcontractor employees stationed or assigned on a US Government facility shall comply with applicable installation, facility access procedures and local security policies (provided by the US Government security personnel). The contractor workforce shall comply with all personal identification verification requirements as directed by local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the US Government may require changes in the contractor security processes or procedures.

Special or extraordinary security requirements, which are unique to the station at which the work is to be performed, may be required. If there are any such requirements, they will be identified in the Performance Work

Statement for the Task Order. In addition to special or extraordinary security requirements the Contractor shall comply with the following:

The Contractor shall comply with all activity security requirements. Upon request, the Contractor shall submit the name and address of each employee performing work under this contract and shall have the employees fill out questionnaires and other forms as may be required for security. Contractor employees and representatives performing work under this contract are required to be either United States citizens or documented legal residents (status verified by prime Contractor). However, the Government MAY approve the assignment of foreign nationals to select positions on a task order basis provided they meet the requirements of the task order being staffed. See Task Order for specifics.

2.6.4 Contractors requiring access to US Government Information Technology (IT) systems must adhere to all US

Government requirements. All contractor employees and any associated subcontractor employees shall annually complete the DoD Information Assurance Training and sign an Acceptable Use Policy (AUP). The training certificate and AUP must be provided to the designated personnel at US Government facilities before issuance of network access and annually thereafter. Contractors requiring access to US Government IT systems shall require a favorably adjudicated investigation through eQIP. The security office of NAVFAC shall coordinate with the COR to provide investigations for all contractors supporting this contract who require access to USG Government IT systems.

2.6.5 US Government access to IT systems is established based upon access requirements under two categories.

Authorized Access and Privileged Access. Those individuals requiring Authorized Access will receive a Tier 3/no-eligibility investigation processed and submitted via the U.S. Government based upon the access requirements, level of sensitivity of information and impact upon US Government IT system. Contractor personnel who are unable to obtain a favorable adjudication will not be allowed to access the necessary systems. Contractor personnel who receive an unfavorable adjudication or denial will not be allowed to access the necessary systems and may be cause for termination of the individual.

2.6.6 Contractors supporting this contract who have facility access or US Government IT systems access shall report to the Contracting Officer any derogatory information that becomes available which might impact their ability to obtain or maintain a favorably adjudicated investigation.

2.6.7 Contactor employees shall abide by US Government Security Regulations and Security Standard Operating

Procedures when working on-site at US Government facilities/installations and shall annually attend Government mandatory training including Operational Security, Security Awareness, Subversion and Espionage, Ethics and

Prevention of Sexual Harassment, Anti-Terrorism Force Protection (AT/FP), Controlled Unclassified Information

(CUI), and any/all other training as directed by the US Government.

2.6.8 Common Access Cards (CACs) are authorized for contractor employees that work on-site at Government facilities or require access to US Government IT systems. CACs are the property of the US Government and shall be turned in to the Contractor Facility Security Officer (FSO) or the US Government COR upon termination of employment with the company, expiration of the CAC, replacement of a CAC, or upon contract completion. The

FSO shall immediately return the CACs to the Government Security Office, Government Contracting Officer, or

Contracting Officer Representative. The loss of a CAC shall be reported on the first business day following the discovery of the lost CAC to your chain of command and to the issuing agency. Unauthorized possession of a CAC can be prosecuted criminally under section 701, title 18, United States Code. Photocopying of US Government

Identification (CAC) is a violation of Title 18, US Code Part 1, Chapter 33, Section 01 and punishable by both fine and imprisonment. Although the asking for military/government identification is totally permissible by commercial establishments, there is a prohibition on duplication of government identification. A state issued driver license or other form of photo identification should be provided to be photocopied if an establishment insists on a photocopy of the traveler’s identification. Contractor is required to ensure that all employees are aware of this law.

2.6.9 Contractor personnel shall utilize US Government or official company e-mail for transmitting official US

Government business. Official US Government business shall NOT be transmitted via personal, private, and/or commercial e-mail accounts, i.e., YAHOO, HOTMAIL, GMAIL, VERIZON, etc.

2.6.10 Controlled Unclassified Information (CUI) / Receive, Store, or Generate Controlled Unclassified Information

(CUI): Contractor will be provided and will abide by DoD Regulation 5400.7, DoD Freedom of Information Act

Program, and DoD 5200.01-M, Information Security Program. Guidance provided under separate cover. In accordance with DoD Instruction 5200.48 (DoDI 5200.48) dated March 6, 2020, Contractors are required to ensure all personnel receive and complete Initial and Annual Refresher CUI education and training and maintain documentation of this training for audit purposes. Initial and Annual Refresher CUI security education, training and awareness on the required topics identified in Section 2002:30 of Title 32 CFR, including protection and management of CUI, to DoD personnel and contractors through the Center for Development of Security Excellence

(CDSE).

2.6.11 CUI Courses and Resources Created for Industry:

The Center for Development of Security Excellence (CDSE) has developed an eLearning course titled

“DoD Controlled Unclassified Information (CUI) Training For Contractors (IF141.06.FY21.CTR). The course fulfills CUI training requirements for industry.

Additionally, CDSE has a CUI Toolkit available at https://www.cdse.edu/toolkits/cui/current.html. The

Toolkit includes training, policy documents, resources, and an FAQ video

Review the DoD CUI Registry at https://www.dodcui.mil to become familiar with CUI organizational index groupings and CUI categories.

Policy documents addressing CUI oversight:

o DoDI 5200.48 "Controlled Unclassified Information.

(https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF) https://www.cdse.edu/toolkits/cui/current.html o 32 CFR 2002 Part IV National Archives and Records Administration 32 CFR Part 2002 “Controlled

Unclassified Information” (https://www.govinfo.gov/content/pkg/CFR-2017- title32-vol6/pdf/CFR-

2017-title32-vol6-part2002.pdf) o E.O. 13556 Vol 75, No 216. “Controlled Unclassified Information”

(https://www.govinfo.gov/content/pkg/FR-2010-11-09/pdf/2010-28360.pdf) o NIST Special Publication 800-171 Rev. 2 “Protecting Controlled Unclassified Information in

Nonfederal Systems and Organizations” (https://csrc.nist.gov/publications/detail/sp/800-171/rev-

2/final

2.6.12 OPERATIONS SECURITY (OPSEC) REQUIREMENTS

1. The contractor shall comply with OPSEC requirements contained in the contract, addendum thereto, or identified herein. The contractor will comply with all security and OPSEC policies, directives, instructions or mandates as directed. OPSEC and other security guidance issued to the Prime Contractor shall also apply to subcontractors working on this effort.

2. The contractor will ensure compliance with the Agency’s OPSEC Policy Statement, Critical Information

List (CIL), and unclassified document destruction procedures. Items of critical information are those facts, which individually, or in the aggregate, reveal sensitive details about the mission, operation, etc., and thus require protection from adversarial collection or exploitation.

3. Include OPSEC as part of the security awareness program. The contractor shall be familiar with OPSEC and will be required to take government furnished initial and annual refresher OPSEC training and will be reminded of their continued responsibility to protect sensitive information as directed by DoDM 5205.02. Sensitive unclassified information includes, but is not limited to, agency identified critical information, legacy “For Official

Use Only” (FOUO), Controlled Unclassified Information (CUI), Privacy Act of 1974, Personally Identifiable

Information (PII), Department of Defense Unclassified Controlled Nuclear Information (DoD UCNI) and company proprietary information.

4. The contractor shall take the necessary precautions to ensure employees with access to the sensitive and critical information are instructed not to disclose or disseminate any information relating to the conduct and performance of the contract to any individual not authorized to perform on this contract. Assigned personnel shall be knowledgeable of the designated critical information and measures in place to protect it.

5. For programs protected by a Program Protection Plan (PPP) and have identified Critical Program

Information (CPI) and/or Critical Technologies Information (CTI), must be identified and protected in accordance with DoD Instruction 5200.39, CPI Identification and Protection within RDT&E. The contractor shall ensure that any program with CPI or CTI has the corresponding supplements and associated plan, such as an OPSEC plan, approved and in effect in support of the

PPP.

6. The contractor shall comply with OPSEC content review policies within the Agency. A content review is an evaluation of all information, to include all CUI, intended for release outside the control of the organization or release to the public. OPSEC focuses on identifying and protecting the organization’s unclassified information that may individually or in the aggregate lead to the compromise of classified information and sensitive activities. The contractor will ensure that these reviews are conducted according to agency guidance in accordance with mandates from DoDD 5205.02E, DoD OPSEC Program, DoDM 5205.02-M, DoD OPSEC Program Manual, DoDI 5230.09, Clearance of DoD Information for Public Release, DoDI 5230.29, Security and Policy Review of DoD Information for Public Release, DoDI 5400.04, Provision of Information to Congress, DoDM 5400.07, DoD FOIA Program, and

DoDI 8170.01, Online Information Management and Electronic Messaging.

7. Further OPSEC guidance may be obtained by the Prime contractor contacting the OPSEC

PM by group e-mail: dcsa.quantico.dcsa-hq.mbx.operations-security@mail.mil.

2.6.13 Should Contractors require access to websites that must originate from inside of the Navy IT environment, a

NMCI Hosted Virtual Desktop (HVD) is required. Each HVD is tied to a person’s NMCI account and allows them https://www.govinfo.gov/content/pkg/CFR-2017-https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final mailto:dcsa.quantico.dcsa-hq.mbx.operations-security@mail.mil to load a “virtual” NMCI desktop on a non-NMCI computer. A minimum 2-month lead time is required for

NAVFAC to acquire HVD devices, if this capability is required by subsequent task orders. HVD connection may be coordinated after the Contractor is onboard if the project allows or the need is not determined until after the individual is onboard. HVD is only required for limited sites and will not prevent a Contractor hire from performing their duties in the interim.

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

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

2.9 Access to Buildings. The Contractor shall monitor and control access into restricted areas under their responsibility, allowing only those individuals who have been properly cleared into restricted areas or other controlled access areas. The Contractor shall comply with security requirements, plus those imposed by the

Installation Commander at all times. Personnel with access to special areas will have the appropriate screening and/or security clearance, and personnel requiring routine access to restricted areas will wear special badges authorizing access for those areas. Contractor personnel shall not enter restricted or controlled areas or installation facilities unless specifically authorized in performance of their duties. The Contractor shall secure all buildings and facilities entered during non-duty hours and will secure all building and facilities under the Contractor’s cognizance at the end of each work day or shift period.

2.10 Access Arrangements. The Contractor shall make all arrangements through the appropriate office necessary to obtain access to buildings, facilities and other work areas, and when necessary, arrange for them to be opened and closed by the controlling authority. The Government may issue keys to the Contractor. The Contractor shall use due diligence and be responsible for compromised security systems to include replacement costs that result from its action or inaction.

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

2.12 Work Schedule. The normal work schedule will be a 40-hour work week which will consist of five (5) eight

(8) days, Monday – Friday, plus ½ hour uncompensated lunch break. Working hours shall begin no earlier than 6:00

AM and no later than 9:00 AM. The contractor shall coordinate actual work schedules (s) with the applicable COR.

The estimated number of work hours for each labor category will be specified at the task order level. Services provided under the specific task order are expected to occur during normal work schedule/operational hours, however there may be times when 2nd shift work, weekend, split work, or overtime may be required. If it is not initially covered in a task order, it may be modified into the task order’s PWS. Work under this contract shall be in person, on or near the project site. Contractor POC shall coordinate with the COR of any absences or leave providing notice 2 week’s notice for planned leave and no later than 4-hour notification for unplanned/emergency leave.

2.12.1 Remote teleworking will not be allowed on this contract on a regular basis. Situational/Emergency telework may be allowed on a case-by-case basis and must be approved in advance by the COR. Should any part of the service be done remotely, the Contractor shall perform their duties during the normal working hours of the assigned project(s) time zone.

2.12.2 Government Holidays: The following Government holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King Jr’s Birthday, President’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Government personnel also take other kinds of administrative leave, such as acts of God (i.e., hurricanes, snow storms, tornadoes, etc.)

Presidential funerals, or any other unexpected government closures. Contract employees will not work on

Government holidays or administrative leave days, and these hours should not be included in the productive direct labor hours. In the event any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the subject activity.

2.12.3 The Contractor shall only charge the Government for “Productive Direct Labor Hours”. “Productive

Direct Labor Hours” are defined as those hours expended by the Contractor personnel in performing work under this effort. This does not include sick leave, vacation, Government or Contractor holidays, jury duty, military leave, and any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornados, floods, etc.), Presidential funerals or other unexpected Government base closings. The Government is not authorized to grant time off to the Contractor’s personnel. Time off for the Contractor’s personnel, and the nature of the time off (e.g., leave, personal day, and administrative absence) are administrative duties of the

Contractor and are subject to the Contractor’s policies and procedures. The Contractor’s supervisor shall coordinate contract tasks, delivery dates, and other matters with the Contracting Officer’s Representative. The

Government will not pay for personal and sick leave or any other time that does not directly support the services outlined under this contract or any subsequent task order(s).

2.13 Overtime. The standard workweek is 40 hours per week. Because construction contractors may work

Monday – Saturday and extended hours, non-standard (hours outside of Monday through Friday) work schedules are possible. If overtime is determined necessary it will be stated in the task order or a task order modification shall be completed.

2.14 Invoicing. Onboarding shall be no later than 45 calendar days after task order award. Contractor internal orientation and preliminary training shall be completed PRIOR to this date. Services shall not be billable until the individual is physically onboard and equipped to perform work on the project site. Government CAC will be provided (if proper receipt of documents) on the first day “on-board” at the job site. .

2.15 Certifications, License, Physical Requirements or other Expertise Required of Personnel. The

Contractor shall submit certifications and other documentation to substantiate personnel qualifications.

2.15.1 Government Furnished Resources: The Government will furnish the following for use only in connection with their contract.

a. Construction contract documents (hard and electronic copies).

b. Samples of forms required to be submitted under this contract.

2.16 Contractor Furnished Resources. The Contractor shall furnish its personnel equipment and resources as follows:

2.16.1 All necessary Personal Protective Equipment (PPE) such as safety shoes, prescription safety glasses , hard hats, safety vests and any equipment necessary to accomplish the work. Ensure hard hats and vests are clearly labeled with the Contractor’s company name. Also provide standard office supplies including but not limited to printing paper, notepads, folder, binders, pens, pencils, staplers, paper cutters, rulers printer supplies, etc.

2.16.2 The Contractor shall provide laptop computers for each employee.

a. Laptop Computer meeting the following minimum requirements: Laptop with Windows operating system, minimum of Intel i7 or AMD Ryzen 7 processor, 16 GB RAM, 500 GB Solid State Hard drive, internal or external CD/DVD reader, 4 USB ports or external USB hub, internal speakers, microphone, internal or external CAC card reader with WebCam for the purposes of virtual meetings. (computers/webcams will need to have the capability of disabling the camera if the facility does not allow cameras).

b. Monitor: 2 ea. 27” with Adjustable Stands.

c. Wired USB Keyboard with Number Pad, Wired USB Mouse, Wired USB noise canceling headset with microphone (wireless systems are not allowed on most bases).

d. Air card or wireless internet hotspot with unlimited data usage.

e. Computer Software: MS 365 suite, MS Project, Adobe Acrobat Pro, Oracle Primavera P6, Cost

Works and AutoCAD to be included in the rate for these services, only as required, see Software Matrix.

Licenses, updates and version upgrades are the responsibility of the Contractor and will not be considered by the Government as additional cost. If the Contractor’s version is higher than that of the Government, the

Contractor shall convert their files to be compatible with that of the Government.

2.16.3 The Contractor shall provide cell phone with voice and text services; compatible or modified to meet the security requirements for the location of services. Note that some locations will require phones with NO camera. See Task Order for details. Personal phones with camera capabilities will be required to be kept away from the jobsite, e.g., in the individual’s car.

2.16. 4 Temporary office space for Contractor personnel may be required for certain task orders. If more feasible and more economical, existing nearby office buildings are also options available for Contractor provided office space. Temporary office trailers are an option but only as a last resort. Specifications for trailers will be provided at the task order level when needed.

2.17 The contractor, its subsidiaries, and its affiliates shall not be permitted to compete for any of the underlying construction or design contracts which are the subject of a Task Order awarded under this construction management service contract. This is necessary to prevent real or perceived organizational conflicts of interest stemming from detailed knowledge about ongoing and planned projects that will be available to the contractor. Each contractor proposal, be it for a task order or modification, must clearly identify potential conflicts of interest to the Contracting Officer. If no conflict exists, the contractor shall so state. This provision is not subject to negotiation. The requirements of this subsection will continue during the life of the contract and for one year following the expiration of the contract. A contractor, its subsidiaries, and affiliates that design, prepare or assist in the preparation of a Statement of Work (SOW) and /or, plans and specifications for a construction contract are prohibited from providing the construction management services sought under this contract. Offerors shall refer to FAR subpart 9.5 - ORGANIZATIONAL AND

CONSULTANT CONFLICTS OF INTEREST. Conflicts of interest arising from design work conducted prior to award of this contract may be subject to negotiation pursuant to FAR 9.506 if the contractor discloses the potential conflict prior to award and proposes an adequate plan to neutralize or mitigate the potential conflict;

and if the Contracting Officer approves the plan after review and consideration.

2.18 Vehicles, if authorized, operated by contractor personnel must also display contractor identification.

Contractor shall use an identifying designation on all communication whether written or verbal. All Contractor personnel driving vehicles shall possess a current and valid driver’s license in current standing.

2.19 Contractor may be required to oversee, administer and manage multiple projects similar in nature and scope.

The quantity of projects will vary per location but could include as many as 15 projects during a particular time frame. Projects may be in various stages of design or construction (i.e., Pre-award, Design, Construction, Commissioning/Closeout, Warranty Work). Contractor personnel may also be assigned to support a specific

PROGRAM, providing overall program support, rather than being assigned to a particular construction project.

2.20 PEARL HARBOR NAVAL SHIPYARD ADDITIONS (required for all OICC PHNSY Task Orders)

Contractors will also be required to be eligible for access to the Pearl Harbor Naval Shipyard (PHNSY) Controlled

Industrial Area (CIA). See SEC REQS Contractor CIA, CNIA and NWA (Rev JUN 2021) for requirements.

Contractor will be required to submit the SEC REQS Contractor CIA, CNIA and NWA (Rev JUN 2021); a shipyard visit request form (PH-SYD IMF 5512-28 Contractor VR Rev. 8-14); and a Foreign Interest Determination questionnaire 5531_10-13 (rev 2) unless the contractor has an existing facility clearance to the PHNSY through the

COR for issuance of shipyard CIA access badges. Any personnel determined ineligible for unescorted access to unclassified areas of the CIA (Green Badge) will not be eligible to work on this contract. Additional details on the shipyard security requirements are outlined in the following sections.

2.20.1 Contractor Regulations The prime contractor, as well as subcontractors and suppliers, must comply with the following requirements from the document "CONTRACTOR SECURITY REQUIREMENTS FOR PHNSY&IMF'S

CONTROLLED INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION AREA, NUCLEAR WORK

AREAS AND/OR OTHER SENSITIVE AREAS (REV. June 2021)". Any exceptions to these security requirements must be approved by the PHNSY&IMF Security Office (Code 1120) via the Contracting Officer.

These security requirements are applicable to the prime contractor as well as to all subcontractors and suppliers thereunder. The terms “contractor or contract” must refer to all of the above whether the above document is included in a contract, subcontract, or Memorandum of Agreement (MOA).

The period of proposed work in particular areas of the PHNSY&IMF is subject to further approval of the

PHNSY&IMF Commander depending on the sensitivity of industrial operations in the affected areas.

2.20.2 Contractor Access Submittal Requirements

At least 10 calendar days prior to onboarding personnel, consolidate the following documents for all workers and submit to the Contracting Officer for processing shipyard access badging:

1. Visit Request Form (PH-SYD 5512/28).

2. Foreign Interest Determination Form & Questionnaire.

3. Contract award document that indicates the current contract completion date.

2.20.3 Visit Request Form (PH-SYD 5512/28)

The Visit Request Form (PH-SYD 5512/28), Part 1, must be completed by the contractor, subcontractor, or supplier's Facility Security Officer (FSO) or other Company Official. Contact the Contracting Officer for an electronically fillable form. If the contractor has an active DOD Facility Clearance (FCL), the Company Official must indicate this in Item 7 of the Visit Request Form and include the CAGE code in the same box. In order to protect your employees' Personally Identifiable Information (PII) you are strongly encouraged to send the Visit

Request by encrypted or password protected e-mail to the Contracting Officer. The Contracting Officer will complete Part 2 and then forward the Visit Request Form, Form DD 254 (i.e., for Yellow or Red SACBs) if applicable, and prime contract documentation via encrypted means, to the PHNSY&IMF. Sponsor for completion of Part 3. The PHNSY&IMF Sponsor will upload the Visit Request Form and associated documents to the Code 320

Contractor Visit Request SharePoint no later than one week prior to the visit start date. The Visit Request Form must specify the PHNSY&IMF areas to be accessed.

If the contract requires additional contractor personnel, new visit requests must be submitted, and they must be subject to the same pre-entry screening requirements as outlined above. Under no circumstances must contractor personnel sign, e-mail or hand-carry their own Visit Request Form. If the contractor or vendor is a one-person company, contact the Industrial Security Branch (Code 1123) for guidance.

2.20.4 Foreign Interest Determination Form & Questionnaire

The Foreign Interest Determination Form & Questionnaire must be resubmitted and updated if answers to the questions have changed or after a year has passed, whichever is sooner. Entry to Controlled Industrial Area (CIA) and Shipyard Access Control Badges

1. For unescorted entry to the CIA:g contractor personnel must show proof of U.S. citizenship before a Green badge can be issued. The following documents are acceptable for proof of U.S. citizenship:

a. U.S. Birth Registration Card (with registrar's raised seal and signature)

b. U.S. Birth Certificate (original with raised seal from one of the 50 states or outlying U.S.

territories or U.S. possessions)

c. U.S. Immigration and Naturalization Service Naturalization Certificate (INS N-550/570)

d. DD Form 1966 (U.S. citizenship documents sighted are listed and attested to by a recruiting official

e. Delayed Birth Certificate (original with registrar's seal and signature and cites secondary evidence)

f. Hospital Birth Certificate (original with authenticating raised seal or signature provided all vital information is given)

g. U.S. Passport or U.S. Passport Card (not expired)

h. U.S. Immigration and Naturalization Service Certificate of Citizenship(INS N-560/561)

i. Form FS 240 - Report of Birth Abroad of A Citizen of The United States of America/Consular

Report of Birth

j. Form FS 545 - Certification of Birth (issued by U.S. consulate)

k. Form DS 1350 - Department of State certification

2. Contracts that require access to classified information or areas are referred to as "classified contracts". In accordance with NAVSHIPYD&IMFPEARLINST 5510.78 (Series) these types of contracts require a

Contract Security Classification Specification Form (DD 254) and the issuance of Red or Yellow Shipyard

Access Control Badges (SACBs).

a. Red SACB - Access to Restricted Data (RD) and Naval Nuclear Propulsion Information (NNPI).

b. Yellow SACB - Access to Classified National Security Information (C-NSI) and unclassified

NNPI.

c. The Form DD254 must contain an approval signature from Naval Sea Systems Command

(NAVSEA) SEA 08/Chief of Naval Operations (CNO) N00N and NNPI handling requirements in accordance with OPNAVINST

3. Ensure that all contractor employees when reporting to the Pass and ID Office for PHNSY&IMF SACBs bring their valid Defense Biometric Identification Systems (DBIDS) identification cards. Also, if they have no PCLs or interim PCLs, they must bring their proof of U.S. citizenship. See above for a list of acceptable documents.

4. Ensure any derogatory or questionable information concerning contractor employees possessing DOD

PCLs and/or PHNSY&IMF SACBs is immediately reported to the Industrial Security Branch (Code 1123) so that PHNSY&IMF access eligibility can be evaluated.

5. Ensure that contractor employees attend the 30-minute annual orientation on safety, security, OPSEC and radiological protection aspects of industrial operations within PHNSY&IMF. The annual orientation video will be shown at the Pass and ID Office in groups of 4, prior to issuance of PHNSY&IMF SACBs.

6. Ensure that embedded contractor personnel issued Red or Yellow SACBs complete mandatory

PHNSY&IMF security training and briefings provided by the PHNSY&IMF Pass and ID office.

7. Ensure that contractor employees at all times while in PHNSY&IMF spaces wear and display their

PHNSY&IMF SACB in plain view, vertically, on their outer clothing positioned above the waist and with the front/photograph facing outward. If an employee is issued a temporary (i.e., no picture) SACB, the employee must also carry his or her DBIDS identification card.

8. Maintain strict accountability over SACBs and passes issued by the Pass and ID Office. Report immediately, to the Pass and ID Office, any that are missing, lost or stolen and the circumstances. Return

SACBs/passes to the Contracting Officer or PHNSY&IMF Sponsor immediately upon termination of any employee, SACB expiration, completion of the work, or when no longer required, whichever occurs soonest. The Contracting Officer or PHNSY&IMF Sponsor will ensure that all SACBs/passes are forwarded to the PHNSY&IMF Pass and ID Office.

9. Restrict employees/representatives to the work site and control travel directly to and from the work site.

10. The Pass and ID Office is located in Building 207 at Safeguard Street and Russell Avenue. Hours of operation are Monday through Friday (except for federal holidays) 0600 to 1400 hours, except on

Wednesday, 0600 to 1230 hours. Contractors must be signed in 45 minutes before closing to be serviced.

11. All Contractor personnel accessing the Controlled Industrial Area (CIA) or Dry Dock 4 through the turnstiles or security badge reader areas must be cleared through DBIDS to obtain an iClass card. Access into the CIA and Dry Dock 4 will only be granted by CAC or iClass cards, there is no exception. The

PHNSY&IMF Pass and ID Office

2.20.5 CIA Vehicle Pass, Access, and Parking (If vehicle is allowed in the task order). No vehicle will be permitted access to a work site in the CIA without a valid PHNSY&IMF CIA Vehicle Pass. The CIA vehicle passes are issued for limited purposes by the PHNSY&IMF Pass and ID Office and will not be issued without proof of vehicle registration. All vehicles are required to conform to PHNSY&IMF traffic regulations. The speed limit is 15 MPH in the CIA. Outside of the CIA, the speed limit is as posted or marked.

1. Only those contractor vehicles meeting the following criteria will be allowed to enter the CIA with the

PHNSY&IMF CIA vehicle pass:

2. Vehicles must be registered to the company.

3. All contractor/commercial vehicles must be visually inspected prior to any entry into the CIA.

4. All vehicles must clearly display an authorized company sign or logo on both sides of the vehicles. The logo must be either painted on the vehicle; a decal or vinyl sticker; or a magnetic sign. Paper or cardboard signs are not authorized. Lettering of the logo must not be less than 2-1/2 inches in height and 1/4 inch wide.

5. Every vehicle entering the CIA will display the pass on the dashboard or visor (facing outward). The pass must be visible at all times while in the CIA.

6. Vehicle access to the CIA will only be allowed for transportation of contractors’ heavy tools, parts, and materials to and from the work site. Contractor vehicles found parked in the CIA, not meeting the above criteria, will lose their CIA access privilege.

7. Contractor vehicles will not be used solely to transport employees to the job site. Privately owned vehicles will not be allowed in the CIA.

8. Vehicles may enter and exit from gates located on Paul Hamilton Avenue, Monday through Friday, 0600 to

1800 hours or on Chosin Street, 24 hours, 7 days a week, including federal holidays. In addition, for access before 0630 and after 1500 hours, weekends and holidays the contractors must comply with paragraph

"Work Outside Regular Hours" above.

9. Parking is not permitted on any piers on any dry dock/waterfront areas.