PWS DRAFT W9124J26QTEST 20Jan26.pdf

PERFORMANCE WORK STATEMENT (PWS)

B2618 NEBB TEST & BALANCE

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to procure test and balance of B2618 (Jennings Hall) hydronic system using a firm certified for testing and balancing by the Associated Air and Balance Council (AABC), National Environmental Balancing Bureau (NEBB) or the Testing, Adjusting, and Balancing Bureau (TABB). The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to test and balance the B2618 hydronic system, (to include but not limited to Variable Air Volume (VAVs), Air Handling Units (AHUs), Exhaust Fans (EFs), Ceiling Fans (CFs), Utility Set (UF) and HVAC flow quantities.

1.2 Background: Testing and Balancing of the hydronic system is required every 3 years at the Division of Veterinary Sciences Animal Health Branch (B2618) to comply with mandatory third-party accreditation of the TRADOC Medical Center of Excellence Animal Care and Use Program (ACUP) to avoid loss of accreditation and subsequent mission failure. Testing is required to maintain proper air exchanges and pressure throughout the facility (i.e. surgical suites, laboratories, and animal holding rooms).

1.3 Objectives: The objective of this proposed action is to provide third-party testing of the hydronic systems using a firm certified for testing and balancing by the AAB, NEBB, or TABB.

AABC and provide a NEBB Certified TABB Report stating the hydronic system meets or exceeds compliance with TRADOC Medical Center of Excellence Animal Care and AAALAC Accreditation requirements.

1.4 Scope: The Contractor is responsible for the following:

Test and balance air and hydronic systems using a firm certified for testing and balancing by the Associated Air and Balance Council, National Environmental Balancing Bureau, or the Testing Adjusting, and Balancing Bureau (TABB).

The Contractor shall hire an independent third-party Testing, Adjusting, and Balancing contractor directly, not through a subcontractor. Perform TAB in accordance with the requirements of the standard under which TABB firm’s qualifications are approved, i.e., AABC

DRAFT

MN-1, NEBB, TABB or Sheet Metal and Air Conditioning Contractors' National Association (SMACNA) HVAC TAB unless otherwise specified herein. All recommendations and suggested practices contained in the TAB Standard shall be considered mandatory.

The contractor shall use the provisions of the TABB Standard, including checklists, report forms, etc. as nearly as practicable to satisfy the Contract requirements. Use the TABB Standard for all aspects of TAB, including qualifications for the TAB Firm and Specialist and calibration of TAB instruments. Where the instrument manufacturer calibration recommendations are more stringent than those listed in the TABB Standard, adhere to the manufacturer’s recommendations. All quality assurance provisions of the TABB Standard shall be part of this contract. For systems or system components not covered in the TABB Standard used (AABC, NEBB, or TABB), the requirements and recommendations contained in these procedures and requirements are mandatory.

Testing and balancing of the HVAC system and all components must adhere to the requirements set forth in The Guide for the Care and Use of Laboratory Animals (8th Edition) and the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC).

1.5 Period of Performance: The period of performance shall be for 60 calendar days after Notice to Proceed (NTP) is issued and all materials are on hand. Contractor shall provide a work schedule 10 days from issuance of NTP. Work schedule shall list milestones to include but not limited to; inventory completion, work site preparation, work start and completion of each phase of the project per PWS 7.4, Construction Phases.

1.6 General Information

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

The contractor shall develop, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. 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; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation. The Quality Control Plan shall be delivered to the COR for delivery to the contracting officer within 5 days of contract award. In the event revisions are required the Contractor shall return the revised QCP within five (5) working days of receipt of notification to revise. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract. More specifically, it defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in the PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirements of this acquisition.

1.6.3 Federal Government Holidays: On-site services shall be performed Monday through Friday, excluding federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

List of recognized Federal Government Holidays are as follows:

New Year’s Day 1st day of January Martin Luther King Jr. Day 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth Day 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700-1700 Monday through Friday except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The contractor must 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.

1.6.5 Place of Performance: Services for this contract shall be performed at building 2618 on JBSA Fort Sam Houston government facilities. The Government will control access to the facility.

1.6.6 Type of Contract: The government will award a Firm Fixed Price contract.

1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract must have a valid pictured ID, DOB, and citizen status at time of the contract start date and must maintain the level of security required for the life of the contract.

Work under this PWS is UNCLASSIFIED and a security clearance will not be required. The Contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of work. Contractor personnel (to include subcontractors) performing work under this contract must have a valid pictured ID, DOB, and citizen status at time of the contract start date and must maintain the level of security required for the life of the contract.

1.6.7.1 Physical Security: The contractor shall safeguard all government equipment, information and property provided for Contractor use. Contractor shall maintain a physical security checklist/log which shall be forwarded to the COR on a monthly or quarterly basis. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: N/A

1.6.7.3 Lock Combinations: N/A

1.6.8 Personal Identity Verification (PIV): N/A

1.6.9 Visit Notification: N/A

1.6.10 Special Qualifications:

1.6.10.1 Qualifications for all key personnel: The Contract Manager and Alternate must have 24 semester hours in mathematical, engineering, and/or construction safety courses; 15 or more years construction management experience; and familiarity with Defense Department Data Sources.

1.6.10.2 The contractor is responsible for ensuring all employees possess iWATCH Training during the execution of this contract.

1.6.11 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, will meet periodically, quarterly as a minimum, with the contractor to review the contractor's performance.

At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor shall 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. Additionally, the contractor shall provide weekly project updates to the MEDCoE PM each week (NLT 1 p.m. each Thursday).

Update shall detail what was accomplished for current week and what is projected to be accomplish for the upcoming week.

1.6.12 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 contracting officer and contractor of any deficiencies;

coordinate availability of government furnished property; 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 resulting order.

1.6.13 Key Personnel: The following personnel are considered key personnel by the government: Contracting Officer Representative (COR) and Contract Officer (KO). 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 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 7:00 a.m. to 5:00 p.m., Monday through Friday except federal holidays or when the government facility is closed for administrative reasons.

1.6.14 Identification of Contractor Employees: 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. Contractors are not required to wear badges on the work site; but shall wear reflective vest at all times as well as all personal protective equipment needed for safety.

1.6.15 Anti-Terrorism (AT) and Operations Security Requirements OPSEC:

1.6.15.1 AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 5 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the Contracting Officer, if a COR is not assigned within 5 calendar days after completion of training by all employees and subcontractor personnel.

1.6.15.2 Access and General Protection/Security Policy and Procedures: This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility, and area commander installation/facility access and local security polices and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.15.3 iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity 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 withing 5 calendar days of contract award and within 5 days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

1.6.15.4 For Contractors that Require an OPSEC Standing Operating Procedure (SOP) /Plan:

The contractor shall develop an OPSEC SOP/Plan within 5 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan shall include the government’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.6.15.5 For Contractors that Require OPSEC Training: Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 5 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

Documentation of OPSEC Training must be provided to KO within 5 days of completion.

1.6.15.6 For Contractor Not Eligible For CAC, But Requires Access To a DoD Facility or Installation: Contractor and all associate sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative); or, at OCONUS locations in accordance with status of forces agreements and other theater regulations.

The authorized sponsor (U.S. Government Agency and/or CAC/DoD ID card holder will complete and submit The JBSANANTONIO Form 7, Unescorted Access Request (UAR) for all installation access requests. Sponsors will submit this document via a .mil email address to their local VCC requesting access to any location within JBSA for unaffiliated personnel who are not expected to be under full-time escort. It may be used to request a DBIDS card or pass, for a one or multiple day events. The document may be obtained on Air Force e-publishing at www.e-http://www.e-publishing.af.mil/ publishing.af.mil / publication+forms/ Forms / Bases / JB San Antonio / JBSanAntonio Form 7 or search: Unescorted Access-Request or by contacting the appropriate VCC…or by contacting the 502 SFG Access Control Manager at (210) 652-5751.

The use of DBIDS is mandated. Note: A DBIDS paper pass will be issued for access onto the installation for 180-days or less. For access greater-than 180 days a hard plastic DBIDS card will be issued for up to one year. DBIDS is the primary method for producing local visitor passes/cards on JBSA. If DBIDS is not available, a SFMIS pass will be issued; if SFMIS is not available, an AF Form 75, Visitor Pass will be issued.

Credential Issuance. Upon proofing, vetting, and determination of fitness, individuals must have a valid need for access and be properly sponsored. A DBIDS credential (paper or badge) will be issued. If DBIDS or SFMIS is available, AF Form 75 will be used.

Requests for access credentials must be made in person or via an encrypted .mil email address.

The following information is required.

a. Sponsor’s Full Name, DoD ID Number, organization, duty phone, times/dates/location and reason for the visit.

b. Applicant’s full name, DOB, country of birth, driver’s license number and state, or passport number.

c. If driving onto the installation, the applicant must provide proof or registration and insurance.

1.6.16 Emergency Services:

1.6.16.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergence medical treatment. The Contractor shall, in turn, notify the Contracting Officer or COR within 30 minutes of the incident.

1.6.16.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.6.17. 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.

http://www.e-publishing.af.mil/

1.6.18 Contractor Travel: N/A

1.6.19 Other Direct Costs: N/A

1.6.20 Data Rights: N/A

1.6.21 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

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

(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract;

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “Contractor” herein used 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) its 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.

(2) The term "proprietary information" for purposes of this clause 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.

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

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

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

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

d. 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 Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer 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 Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

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

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

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

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. 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 shall 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 Contracting Officer.

(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, 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.

e. 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 shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand 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.

g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f.

above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information, or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause 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 Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities.

Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. 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.

k. Remedies and Waiver.

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

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.

1.6.22 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring than any contractor employees providing services under this contractor conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the jobsite any employee for any reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contactor employees must avoid improperly influence in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S.C 43 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure on contractor employees conduct political related activities or events on JBSA Fort Sam Houston.

1.6.23 Combat Trafficking In Person:

IAW FAR 52-222-50. Contractor Requirements.

Part I, The Contractor shall

(1) Notify its employees of

(i) The U.S. Government's zero tolerance policy.

(ii) Actions that will be taken against employees for violations of this policy.

(2) Take appropriate action.

Part II, Trafficking in Persons (TIP)

1. The Contractor has a procedure for notifying employees of TIP and proof of such notification on file via:

(i) Training records or

(ii) Employee signature

2. Has documented actions on file citing appropriate action to TIP violations.

3. Record of documented violations to date (if any).

4. The Contractor has a procedure for notifying the Contracting Officer if information is received or actions related to TIP are observed.

1.6.24 IAW FAR 39.2,: HQIIS shall be compliant with Section 508, an amendment to the United States Workforce Rehabilitation Act of 1973. The Contractor shall ensure all HQIIS applications are accessible to people with disabilities and that current and future requirements to maintain compliance with Section 508 are met.

1.6.25 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1 CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.

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

2.1.3 CONTRACTING OFFICER (KO). 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.

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

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

2.1.5 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the performance work statement.

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

2.1.7 EQUIPMENT. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.8 GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP). Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.

2.1.9 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.

2.1.10 LOSS OF GOVERNMENT PROPERTY. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

(1) Items that cannot be found after a reasonable search

(2) Theft

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to useable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair

2.1.11 MATERIAL. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.12 NON-PERSONAL SERVICES. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

2.1.11 PROPERTY. All tangible property, both real and personal.

2.1.12 REAL PROPERTY. See Federal Management Regulation 102-71.20 (41 CFR 102- 71.20).

2.1.13 PROPERTY ADMINISTRATOR. An authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.14 PROPERTY RECORDS. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.15 PROVIDE. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.16 QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.17 QUALITY ASSURANCE SPECIALIST. An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.

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

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

2.1.20 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

2.1.21 WORK DAY. The number of hours per day the contractor provides services in accordance with the contract.

2.1.22 WORK WEEK. Monday through Friday, except for federal holidays unless specified otherwise.

2.2. ACRONYMS:

AAALAC Association for Assessment and Accreditation of Laboratory Animal Care AABC Associated Air and Balance Council ACOR Alternate Contracting Officer's Representative ACUP Animal Care and Use Program AFARS Army Federal Acquisition Regulation Supplement AHU Air Handling Unit AR Army Regulation CF Ceiling Fan CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EF Exhaust Fan

FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer NEBB National Environmental Balancing Bureau OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TABB Testing, Adjusting, and Balancing Bureau TE Technical Exhibit UF Utility Set VAV Variable Air Volume

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: No government provided services will be provided for this project.

3.2 Facilities: No government provided facilities will be provided for this project.

3.3 Utilities: The government will provide access to existing power for Contractor to determine if any power upgrades need to be complete and/or to determine what additional materials need to be procured. All additional electrical components and/or power will be provided by the contractor. Additional utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: No government provided equipment will be provided for this project. The Contractor shall provide all required equipment to meet the requirements under this PWS.

3.5 Materials: Government will provide a copy of the previous NEBB report for use as a template of what needs to be accomplished for this requirement under this PWS.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Materials. The contractor shall provide all materials required to complete this project.

4.3. Equipment. The contractor shall provide all equipment required to complete this project.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide independent certified third-party test, balance, adjusting, and calibration for this requirement. This is not an all-inclusive list of the required services.

5.2. Tasks.

5.2.1 Test and Balance Requirements.

5.2.1.1 The contractor shall test and balance air and hydronic systems using a firm certified for testing and balancing by the Associated Air and Balance Council (AABC), National Environmental Balancing Bureau (NEBB) or the Testing, Adjusting, and Balancing Bureau

(TABB).

5.2.1.2 The Contractor shall hire an independent third-party Testing, Adjusting, and Balancing (TAB) contractor directly, not through a subcontractor. Perform TAB in accordance with the requirements of the standard under which TABB firm’s qualifications are approved, i.e., AABC MN-1, NEBB, TABB or SMACNA (Sheet Metal and Air Conditioning Contractors' National Association) HVAC TAB unless otherwise specified herein. All recommendations and suggested practices contained in the TAB Standard shall be considered mandatory.

5.2.1.3 The provisions of the TAB Standard shall be used, including checklists, report forms, etc. as nearly as practicable to satisfy the contract requirements. Use the TAB Standard for all aspects of TAB, including qualifications for the TAB Firm and Specialist and calibration of TAB instruments. Where the instrument manufacturer calibration recommendations are more stringent than those listed in the TAB Standard, adhere to the manufacturer’s recommendations.

All quality assurance provisions of the TAB Standard shall be part of this contract. For systems or system components not covered in the TAB Standard used (AABC, NEBB, or TABB), the requirements and recommendations contained in these procedures and requirements are mandatory.

5.2.1.4 Testing and balancing of the HVAC system and all components must adhere to the requirements set forth in The Guide for the Care and Use of Laboratory Animals (8th Edition) and the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC).

5.2.1.5 Replace up to five (5) adjustable damper air diffusers in the event they cannot be adjusted. If air diffusers can be adjusted to meet NEBB requirements replacement is not required.

5.2.1.6 Replace all stained/damaged diffuser ceiling tiles.

5.2.1.7 Locate and mark location of thermostats on drawings and provide drawings to PM upon completion of project (drawings can be included as part of NEBB Report).

5.2.1.8 Coordinate all area access and with the customer before entering into any area to include mechanical rooms. Any required outages to include but not limited to Electrical and HVAC shall be coordinated with the customer and/or 502 CES prior to securing any utilities.

5.2.1.9 Provide NEBB Certified TAB Report, two (2) paper copies and three (3) CD file copies.

5.2.1.10 Provide third party test and balance of all Air Handling Units (AHU) and provide the following tests and reports for each AHU: Air Apparatus, Variable Air Volume (VAV) Calibration, Air Outlet Test, and Electric Duct Heater. Work shall include testing and correcting deficiencies as required by NEBB Testing standards. Findings shall be included in TAB Report.

5.2.1.11 Provide tests and reports of the following as part of the TAB Report:

Air Apparatus for A/C-1 & A/C, Exhaust Fan (EF) with Air Outlet, Utility Set (UF) and Ceiling Fan (CF), Instrument Calibration, HVAC Flow Quantities (for all rooms and areas in building 2618), Room Pressure Relationships (for all rooms and areas in building 2618), Air Apparatus, VAV Calibration, Electric Duct Heater, and Fans.

This list of reports is not all inclusive – Contractor shall use the previous NEBB test report (dated 17 January 2023) as a template for the requirements of this project. Work shall include testing and correcting deficiencies as required by NEBB Testing standards.

5.2.1.12 Adjust the system airflows, pressures, etc. based on the requirements of the building occupants as long as those requests do not render the system out of compliance. A summary of any changes to the system shall be included in the TAB Report.

5.2.1.13 Provide a comprehensive report detailing all adjustments made and annotate any specific requirements made based on input from the customer.

5.2.1.14 Provide a project summary which details the specific findings of the test and balancing to include but not limited to what was tested, results, changes required by the FM (Facility Manager), etc.

5.2.1.15 Provide proof of calibration for all testing equipment used as part of the Project Summary.

5.2.1.16 Test results shall include proof of certification by the party that performs the testing.

These results shall contain the testing agency/tester’s seal.

5.2.1.17 This project shall be a turnkey project with no exceptions or omissions.

5.2.2 Debris/Clean Up.

5.2.2.1 Construction debris, waste materials, packaging, and trash shall be removed…