PWS Priest - Nellis 2022.docx

PERFORMANCE WORK STATEMENT

FOR

CATHOLIC PRIEST SERVICES

AT

NELLIS AFB, NV

Catholic Priest Services

Table of Contents

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide a Catholic Priest for the Nellis AFB chapel. 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.

1.1.1 Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Roman Catholic priest functions as defined in this Performance Work Statement (PWS), except for those items specified as Government Furnished Property and services, in accordance with the Archdiocese for the Military Services (AMS), USA – Requirements for the Pastoral Care of Catholic Personnel Guide, AMS – Priest Manual, and AFI 52-101 Planning and Organizing. The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the Contracting Officer (CO) and the Contracting Officer’s Representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract. The Catholic Priest will also provide religious and spiritual needs of the military members, their families and other authorized personnel of the Catholic faith at Nellis Air Force Base, Nevada. At a minimum the Contractor shall be available Sundays and four weekdays for sacramental preparation, workplace and/or personal counseling, and to complete requisite administrative paperwork.

1.2 Background. Due to a shortage of Active Duty Priests, Nellis Air Force Base Chapel has contracted the services of a Catholic Priest for the past three (3) years. With no anticipated change in the number of available Active Duty Priests, the Chapel is continuing to pursue such a contract.

1.2.1 The contractor shall provide the religious support services outlined in specific tasks below in the Nellis AFB area of responsibility solely for active duty service members, their family members and other authorized personnel of the Catholic faith.

The contractor shall coordinate efforts with Chaplain Corps personnel and work in a multi-denominational and pluralistic religious environment to include, but not limited to, Catholic, Protestant, Jewish, Orthodox, and Islamic faiths. Department of Defense Instruction 1300.17 Accommodation of Religious Practices within the Military Services states that “the DoD places a high value on the rights of members of the Military Services to observe the tenets of their respective religions or to observe no religion at all.” The Air Force similarly places a high value on religious accommodation in a pluralistic environment and holds that spiritual health is fundamental to the well-being of Air Force personnel and their families. For these reasons the contractor must refrain from proselytizing (seeking to convert someone to the contractor’s faith). If asked, the contractor can respond to questions about his faith, but should not evangelize those of other faiths. The contractor should make every effort to accommodate individuals of other faiths by assisting them to contact a chaplain. The contractor may not denigrate any faith group or offer literature that denigrates other beliefs.

The contractor must be aware that he is performing the duties under this contract in a military environment. At all times the contractor should show respect to military customs and traditions. The COR is an excellent resource should questions concerning military customs or traditions arise.

Consistent with operational contingencies and mission essential requirements, the contractor must be freely available for active duty Catholics, family members and other authorized personnel seeking his counsel. Since this is a primary mission responsibility, the contractor’s access to work spaces conducive to confidential counsel or confession is a mission-essential requirement. Military personnel and their family members have a right to privileged communication. The contractor must provide spiritual counseling IAW DoD guidelines regarding privileged communication.

Privileged communication is protected communication IAW Military Rule of Evidence 503. Under this rule, “a person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman or to a clergyman’s assistant, if such communication is made either as a formal act of religion or as a matter of conscience.” The contractor shall complete annual training on privileged communication provided by the chapel staff.

Roman Catholic clergy who are contractors are not chaplains and will not use the duty title of “chaplain”. The contractor shall not use the duty title of chaplain while performing services, to include but not limited to printed documents and electronic communications. Similarly, the contractor will refrain from unit engagement and leadership advisement, which are responsibilities, which can only be performed by military chaplains.

1.3 Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.4 Period of Performance. This is a five (5) year contract with one (1) basic year and four (4) option years.

1.5 Place of Performance. The contractor shall perform the services in the PWS at the Nellis Air Force Base Chapel, or alternative duty locations as determined by the COR in consultation with the Wing Chaplain (e.g. hospitals, Southern NV Veterans cemeteries, etc.)

1.6. Specific Tasks.

1.6.1 Worship Services. The purpose of Worship Services is to serve the basic pastoral needs of Airmen. Therefore the Contractor shall:

1.6.1.1 Liturgical Activities. Plan and direct the regularly scheduled liturgical activities of the parish, including Penance Services, seasonal devotions (rosaries and stations of the cross, holy days of obligation, Christmas and Holy Week activities, and shall work with other contractors (e.g. musicians, religious education coordinator, youth minister, Parish administrator) as well as Chapel staff to ensure quality and appropriate liturgies.

1.6.1.2 Weekday Mass. Conduct four weekday masses at Nellis AFB, NV, which is currently scheduled for Monday - Thursday at 11:30. Mass dates are subject to change. Conduct additional weekday Mass if required by AMS guidelines.

1.6.1.3 Weekend Mass. Conduct weekend Mass at Nellis AFB on Saturday and Sunday. Currently, Saturday Mass is scheduled at 1700 and Sunday Mass is scheduled at 0945. Chapel facility must be available on Sundays to Protestant community no later than 1115. Mass date and times are subject to change with approval of the Wing Chaplain.

1.6.1.3 Confessions. Conduct confessions on a consistent schedule of no less than 60 minutes/week. Confessions must be completed 15 minutes prior to the start of Mass. Confessions made beyond the scheduled time allotted shall be arranged by appointment.

Special Event Mass dates and times are subject to change.

1.6.1.5 Reconciliation Services. Provide one evening Reconciliation service during Advent and one during Lent at Nellis AFB Chapel.

1.6.1.6 Memorial, Funeral, Marriage, Baptismal, Confirmation and Emergency Services, Hospital Visitations. Provide memorial services, funerals, marriages (preparation, counseling, officiating, and paperwork requirements of the Catholic Church), baptism services (preparation classes, verifications, sacramental administration, and recording), confirmation (preparation classes, and required paperwork) and emergency ministrations (either personally performed, or arranged through a local priest as available) for authorized personnel. Active Duty personnel and their immediate families are automatically authorized services. (All other personnel must have Wing Chaplain approval and requisite canonical and AMS requirements met prior to administration of sacrament). Initiate hospital visitations to SJAFB personnel providing comfort and sacraments if needed.

1.6.1.7 Rite of Christian Initiation. The Contractor will be in charge of the entire program, leading classes and preparation of the Candidates. Conduct Rites of Christian Initiation for Adults and Children for Nellis AFB personnel and their dependents on an as needed basis.

1.6.2 Administration I. The purpose of Administration I is to provide necessary support for Worship and Sacramental services. Therefore, the Contractor shall:

1.6.2.1 Pastoral Council Meetings. Oversee and guide the Catholic Advisory Community Council Meeting to obtain community feedback on needs and allocation of resources for budgeting and parish objectives. This meeting normally occurs monthly with a duration of approximately 1 hour.

1.6.2.2 Weekly Chapel Staff Meetings. Attend the weekly Chapel Staff meetings. Provide inputs, support needs, and act as liaison between the Wing Chaplain and the Catholic Community. These meetings normally occur on Wednesdays, date and time are subject to change due to mission requirements. Provide the Wing Chaplain or his or her designee at least one week notice of any planned missed meetings.

1.6.2.3 Financial Working Group Meetings. Attend the Financial Working Group meetings when called by the Wing Chaplain and/or Superintendent of Chapel Operations.

1.6.2.4 Sacramental Records. The contractor shall initiate and maintain necessary Sacramental records, filing them promptly with the Archdiocese for the Military Services, USA. The contractor shall check with the Archdiocese for the Military Services, USA for the most current guidelines.

1.6.2.5 Air Force Chaplain Corps Statistical Reporting System (AFCCARS). Maintain accurate ministry data (e.g. number/types of counseling, attendance numbers, and related reports) and submit the AFCCARS Report information required by the USAF/HC to the COR or his or her designee. The reports shall be submitted by close of business on the 1st calendar day of each month.

1.6.2.6 Quarterly Priest Report. File the Quarterly Priest report as required by the Archdiocese for the Military Services.

1.6.2.7 Pastoral Visitations/Special Visits. Coordinate all visits for any Roman Catholic Bishop to Nellis AFB with the chapel active duty staff and the 99th ABW. Provide pastoral visits to Catholic Airmen in their duty locations (as allowed).

1.6.2.8 Director of Religious Education. Function as Director of Religious Education (per AMS directive) and shall meet with the Catholic Religious Education Coordinator monthly to coordinate calendar and funds requests to purchase supplies and/or curricula and shall oversee the training and certification for Religious Education Volunteers.

1.6.2.10 Substitutes. Locate and obtain an individual who would replace the Contractor when unable to conduct services personally. Ensure approved substitutes have base access and transportation to and from Chapel sponsored events. Notify the Wing Chaplain of such replacements two weeks in advance prior to the Leave of Absence. Final approval is at the discretion of the Wing Chaplain.

1.6.3 Administration II. The purpose of Administration II is to plan, develop, and organize activities surrounding the Religious Organization services program to ensure the successful completion of all task objectives. This work will be activated within 2-4 months after contract award. Therefore, the Contractor shall:

1.6.3.1 Resource Management. Provide all required information for the annual Chapel Tithes and Offering Fund (CTOF) budget, annual list for Designed Offerings, and Appropriated Fund budget in accordance with AFI 52-105, no later than the 1st Wednesday of July of each year or earlier if requested.

1.6.3.2 Catholic Community Purchases. Oversee Catholic Parish purchases in accordance with Chapel Operation Instructions ensuring that all supplies are ordered and invoices have been paid. The Contractor shall comply with AFI 52-105.

1.6.3.3 Annual Planning. Execute an annual planning session regarding Worship, Religious Education, and Outreach to coordinate and resolve scheduling conflicts and other activities related to the Parish.

1.6.3.4 Parish Bulletin. Update the Parish Bulletin for review by the Wing Chaplain or designee. The Parish Bulletin shall be submitted to the Wing Chaplain or designee prior to the relevant weekend.

1.6.3.5 Chapel Repairs. Provide a list of any repairs needed to Chapel facilities to 99 ABW/HC personnel at the weekly staff meeting and track the maintenance/repairs until repairs are completed.

1.6.3.6 After Action Reports. Maintain written after-action reports for Catholic and Ecumenical events for the Continuity Book and provide copies to the Wing Chaplain as requested.

1.6.3.7 Volunteer Management. Recruit and train volunteers for the various committees, to include the following ministries: Liturgy, Religious Education, Youth and Young Adults, Outreach.

1.6.3.8 Volunteer Schedule. Ensure timely completion and coordination of the Monthly Volunteer Schedules for the following ministries: Special ministers of Holy Communion, Servers, Readers, and Ushers. Monthly Volunteer Schedules shall be completed no later than seven calendar days prior to the start of the following month and posted on the Volunteer Activity Bulletin Board.

1.6.3.9 Attendance and Offerings. Track attendance and weekly offerings to help identify trends and catch mistakes in the CTOF accounting process.

1.6.3.10 Catholic Community Records. Maintain the community roster, community calendar, volunteer list (to include recording volunteer hours worked), and the Entry Access List (EAL).

1.6.3.11 Entry Access List. Provide the Wing Chaplain and the Superintendent/NCOIC, Chapel Operations with an updated copy of the EAL annually or when requested.

1.6.3.12 Social Events. Ensure planning and execution of the following events: Marriage/Singles Retreats, Volunteer Dinner, Parish Picnic, Advent Social, Lenten Soup Lunches, VBS. Ensure completion of the noted events in the months they are to be performed.

1.7 Historical Data. The tasks described above have been performed in the past by one (1) full-time equivalent employee.

1.8 Minimum Qualifications.

1.8.1 Employee Certifications. The Contractor shall make sure employees and/or Sub-Contractor have current and valid Faculties to obtain AMS faculties within ten (10) business days before the start of contract performance. The Contractor is responsible for all internal employee training (except AMS Convocation) at no additional cost to the Government.

1.8.1.2 Contractor shall provide a Roman Catholic Priest in good standing with his home diocese and the Archdiocese for the Military Services (AMS) and a completed DD Form 2088 with faculties for each Catholic Priest performing services. Faculties must be provided for sub-contracted clergy. Final approval and award of this contract is contingent on endorsement of contractor and any subcontractors by AMS and receipt of the aforementioned documents.

1.8.1.3 Contractor and any sub-contractor must have a Bachelor’s degree from an accredited institution with a minimum of 120 semester hours and a Master of Divinity or equivalent theological degree with no less than 72 hours from an accredited institution.

1.9 Deliverables.

1.9.1 Below is a list of deliverables under this contract.

1.9.2 Contractor Manpower Reporting Application (eCMRA).

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via the secure data collection site (i.e. eCMRA). The contractor shall register in eCMRA within 30 days of contract award. The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the above eCMRA help desk.

Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. Data for Air Force service requirements must be input at the Air Force eCMRA link. However, user manuals for government personnel and contractors are available at the eCMRA link at http://www.ecmra.mil.

1.9.3 Data. The government has unlimited rights to all deliverables of this contract.

1.9.4 Inspection. Deliverables will be inspected by the government within fifteen (15) workdays of receipt. Progress meetings may be held as required.

1.10 Contractor Phase-In and Phase-Out Transition.

1.10.1 Contractor Phase-Out. The outgoing contractor shall allow the incoming contractor to interview for employment the outgoing contractor’s personnel, provided that work interruption time is reasonable. If the contracted operation reverts to in-house operations, the Contractor shall cooperated with 99ABW/HC personnel to ensure an orderly change over. In the event of a follow-on contract is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit an orderly transition to the successful Contractor. Recruitment notices may be placed in each facility to allow successor Contractor’s access to incumbent employees.

1.10.2 During the Phase-Out period, the outgoing contractor shall perform all requirements in the PWS.

SECTION II

2.0 Service Summary (SS)

2.1 General

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2 Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer (CO) shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or 52.212-4(a).

SS

Performance Objective

Qualityo

Schedule

Management

Other Areas

2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO a CAR for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt.

2.4 Performance Assessment.

2.4.1 Periodic Surveillance. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.2 Customer Complaints. The COR will receive and investigate all complaints. The COR shall be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the contractor. Validated customer complaints shall be corrected within 2 hours of notification. CO will validate corrective action.

2.4.3 100 Percent Inspection. This method requires the COR to do 100 percent inspection on all task performed. Appropriate for tasks that occur infrequently. Usually only deals with Safety and/or Security, unless mandated by an Air Force Instruction (AFI) or industry standard.

2.5 Quarterly Progress Meetings. The CO, Functional Services Manager (FMS), COR, other government personnel as appropriate, and the contractor shall meet quarterly to discuss the contractor’s performance.

The following issues, at a minimum, shall be discussed:

- Opportunities to improve the contract,

- Any modifications required of the contract,

- Unsatisfactory inspections,

- Valid customer complaints against each performance objective observed, and

- Steps taken by the contractor to prevent occurrences in the future.

The Contractor shall provide a summation of unsatisfactory inspections and customer complaints and provide insight into any identified trends.

2.5.1 The minutes of these meetings will be reduced to writing, signed by the CO and any other signatures as deemed appropriate, distributed to the functional area and the Contractor. Should the Contractor not concur with the minutes, the Contractor will provide a written notification within 5 working days to the CO identifying areas of non-concurrence for resolution.

2.6 Contracting Officer Representative (COR). CORs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided a letter identifying the COR and setting forth their duties and authorities. The COR is not authorized to change any of the terms and conditions of the contract/task order.

2.6.1 Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), COR, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the COR, FSM, CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

2.7 Contractor’s Performance. The Government assesses a Contractor’s performance on an on-going basis, both positive and negative, and provides a record to the CO.

2.7.1 Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.8.2 Contractor Performance Assessment Report (CPARS). Depending on the estimated value of the contract, formal assessment and reporting of contractor performance is documented using the CPARS system. The Contractor will be provided a copy of their assessment 365 days from contract award. The Contractor shall have 60 days to review and submit comments for the evaluation activity’s consideration before the assessment is made final. Past Performance assessment reports will be protected by all parties and treated by government personnel as “For Official Use Only”.

SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1 Government Furnished Services (Base Support). The government will provide, without cost to the Contractor, facilities, equipment, and materials. All Government-furnished property and services shall be used only for performance of this contract.

3.1.2 Facilities. No smoking is allowed in Government facilities. The Contractor shall return the facilities to the Government in the same condition as received, fair wear and tear and approved modifications excepted. Keep work areas clean. Storage areas shall be kept in an orderly and professional manner to facilitate use and minimize loss or damage.

3.1.3 Office Space. The Government will furnish the Contractor the following office space for use: Building 616 at Nellis AFB, or alternative duty location as directed by the Wing Chaplain.

3.1.4 Utilities. The Government shall furnish utility services including water, electric, and heating for the Contractor’s use in performing this contract. The contractor shall ensure employees conserve utilities.

3.1.4 Communication.

3.1.4.1 Telephone. The government will provide local and DSN telephone services FOR OFFICIAL USE ONLY use at no cost to the contractor. Commercial long distance calls shall be at the contractor’s expense.

3.1.4.2 Local Area Networking (LAND). The Government will provide official use only Internet access through the Government provided Local Area Net (LAN). The contractor shall obtain network access using local procedures. All access to the LAN must be approved by the Government.

3.1.4.3 Communication Security (COMSEC). All DoD communications are subject to COMSEC review. Use of DoD telephones and telephone systems constitutes consent to COMSEC monitoring. The Contractor shall comply with SJAFB COMSEC procedures and rules.

3.1.4.4 Automated Data Processing Equipment. The government will provide computers for use on the local area network (LAN), email, and the internet for work related to this contract.

3.1.4.5 Common Access Card (CAC). The Contractor shall complete all necessary documents for access to Nellis AFB. Common Access Cards (CAC) shall be required for all on-site contractor personnel.

3.1.4.6 National Agency Check Investigations (NACI). The Contractor shall have current favorable National Agency Check investigations for its employees, from the Government, by contract start date and throughout the life of contract. These investigations shall be submitted by the Government at no additional cost to the service provider.

3.1.5 Refuse Collection. Waste generated by the Contractor in performance of the service specified with this PWS shall be deposited in Government dumpsters, excluding hazardous materials in which proper disposal instructions shall be complied with. The contractor shall comply with base recycling regulations.

3.1.6 Insect and Rodent Control. The Government will provide insect and rodent control services. Services will be furnished upon request to the facility manager.

3.1.7 Security Forces. The Government will provide general security service. Security Forces phone extensions are 911 for emergencies, and (702) 652-8088 for routine calls.

3.1.8 Forms and Publications. The Contractor is responsible for obtaining and maintaining all forms and publications needed to perform the contract.

3.1.9 Custodial Service. The government shall provide custodial services for restroom facilities in base facilities IAW the current base custodial contract. All inquiries regarding scheduling and level of custodial services will be directed to the COR.

3.1.10 Parking. The Contractor employees are not guaranteed a designated parking space, however they can use one of the available spaces at the parking area of the Chapel.

SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The contractor shall perform the services required under this contract. Current contract priest hours are Monday – Wednesday 0900-1700, Thursday 0900-1300, Saturday 1430-1830 and Sunday 0800-1200 except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. Work schedule dates and times are subject to change with the approval of the Wing Chaplain. On occasion, an employee will be required to work on weekends and Federal holidays such as if those holidays are religious in nature and would normally observe a service as detailed in this PWS. The Government will notify the contractor within 24 hours of such occurrence. Additionally, in emergency situations, the Contractor may be called to provide duties outside of normal duty hours.

4.1.1 Recognized Holidays.

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday.

4.2. Contract Personnel

4.2.1 Contractor Employees:

4.2.1.1 Certifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this PWS, prior to contract award. All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the contractor's expense.

4.2.1.2 Contractor Qualifications. The contractor shall utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this contract.

4.2.1.3 English Language. Employees who deal directly with customers will be required to communicate clearly and concisely with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

4.2.2 Use of Government Employees.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

4.2.2.1 Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

4.2.2.2. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2.2.3 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

4.3 Organizational Conflict of Interest (OCI). 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 OCI as defined in FAR Part 9.5. Any potential instance of OCI must be reported to the CO immediately.

4.3.1 Personal Conflict of Interest (PCI). The term "PCI" means that a contractor employee assigned to the contract has interests which (i) may diminish his/her capacity to give impartial, technically sound, objective assistance and advice in performing this contract, (ii) may otherwise result in a biased work product under this contract, or (iii) may result in an unfair competitive advantage. Any potential instance of PCI must be reported to the CO immediately.

4.4 Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.5 Continuation of Essential DoD Contractor Services During Crisis.

In Accordance With DoDI 1100.22, (12 Apr 2010) Continuation of Essential DoD Contractor Services During Crises, DFARS 237.76, and the Air Force implementation thereof, unless otherwise directed by the CO or COR, it is determined that the services as identified in this PWS ARE essential for performance during a crisis.

(1) All services in this PWS are designated as essential services for performance during crisis IAW DFARs 237.76, “Continuation of Essential Contractor Services” and the contractor shall prepare a plan for performing these services in accordance with DFARs 252.237-7023. Hereafter, the personnel identified by the Contractor to perform these services shall be referred to as “Mission Essential Contractor Personnel.”

(2) The requirement for continuation of essential services could possibly be as currently scheduled in the PWS; however, the schedule will be determined based on the crisis requirements. The CO or COR will contact the contract manager by telephone or in person that essential services are required. This will be followed up in writing and subsequently by modification to the contract to incorporate the requirements via full text or by reference. The contractor may file a proposal for cost or other impacts under the Changes clause or a Request for Equitable Adjustment.

(3) Within 30 days after award, the contractor shall provide a written list of all “Mission Essential Contractor Personnel” to the CO or COR. The list shall identify names and base location where each employee will perform work under this contract.

(4) The contractor shall develop contingency plans for tasks designated as essential no later than 30 days after the start of the contract to provide reasonable assurance of continuation of services during crisis conditions.

4.6 Military Personnel. The government retains the option to assign military representatives on a full or part time basis at all contracted sites as deemed necessary for reasons, such as, to receive training, to assist in contingency efforts at site, or to evaluate site performance (not inclusive). The presence of military personnel shall in no way diminish the contractor’s responsibility to provide the operation services specified in this PWS.

4.7 Labor Disruptions. The Government reserves the right to take over performance of this contract in the event of a labor strike, bankruptcy, default or period of non-performance by the contractor’s employees. In such events, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the CO, the Contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance. The Contractor further agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. The Government will not compensate the contractor for performance during this period.

4.8 Environmental Protection. The contractor shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

4.9 Right to Inspect. The government’s rights under this contract specifically include the right for government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations, whether or not the Government is responsible for enforcing them. The government normally will give the contractor 24 hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.9.1 Non-compliance. If the contractor is found to not be in compliance with any of these regulations, there may be cause for the facility to shut down until the Contractor, when within the Contractor’s control, or the Government, has remedied the problem. Any sanitary deficiencies shall require immediate correction.

4.9.2 Spill Response. The contractor is responsible to report and promptly clean up all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize Government material, equipment, or personnel to clean up a Contractor caused spill, the Contractor shall be required to reimburse the Government for all associated costs.

4.10 Audit. This contract may be subject to audit by any and all cognizant Government agencies. The Contractor shall make available all records, which it maintains with respect to these contract, to such agencies.

4.11 Failure to Insist On Compliance. The failure of Government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of the Government’s right to the future performance of any such terms, covenants or conditions and the Contractor’s obligations in respect to such future performance shall continue in full force and effect.

4.12. MISCELLANEOUS PARAGRAPHS:

4.12.1 Freedom of Information Act (FOIA). All official Government records affected by this contract are subject to the provisions of the FOIA (5 U.S.C. 552/DoD 5400.7-R/AF Supplement). Any request received by the Contractor for access/release of information from these records to the Public (including Government/Contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

4.12.2 For Official Use Only (FOUO). The Contractor shall comply with DoD 5400-7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

4.12.3 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any other federal department or agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this contract.

4.12.4 Correspondence. The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

4.12.5 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the Government.

4.12.6 Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

4.12.7 Records. All records created and received by the Contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the Government.

4.12.8 Insurance. The Contractor shall obtain the necessary insurance as required by FAR part 28.3. The minimum amounts of insurance will be maintained IAW FAR 28.307-2.

4.12.9 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied to the government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

4.12.10 Fire Prevention. The Contractor shall take all necessary precautions to prevent fires in the units and Contractor-furnished and Government-furnished facilities while performing any work under this contract. In the event fires do occur, the Contractor shall immediately notify the Base Fire Department at 911. The Contractor shall then notify the requiring activity and the CO.

4.12.11 Inclement Weather. If the base closes due to inclement weather, the Contractor will be released, by the installation commander, with the general population of the base at no decrement to contract price. The Contractor will follow the local procedures for reporting in inclement weather as advertised on local television and radio stations.

4.6.12 Section 508 Compliance. The Contractor shall support the government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when federal agencies develop, procure, maintain, or use electronic information technology, federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

4.7 Security

4.7.1 General:

4.7.1.1 The contractor shall comply with all base security regulations and with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact Contractor performance of work and can include denial of access to the installation to perform work.

4.7.1.4 The contractor shall report suspicious activity to Security Forces at (702) 652-8088 in a timely manner.

4.7.2 Required Training

4.7.2.1 Contractor will be offered Level I - Antiterrorism Awareness Training by the Government. This training provides contracted employees with the requisite knowledge necessary to remain vigilant for possible terrorist threats. Coordination for training should be done by the requiring unit Antiterrorism Representative (ATR) after contract award. AT Level I training can be taken at https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam for non-CAC holders. Tracking for each contractor or subcontractor employee is the responsibility of the COR or unit ATR.

4.7.2.2 Contract employees requiring a Common Access Card (CAC) shall receive documented Information Assurance (IA) training, by the Government, prior to receiving access to the local area network (LAN). Authorized users will receive initial IA orientation and annual awareness training to ensure they know, understand, and apply the IA requirements of Air Force information and IAs. The minimum orientation and awareness requirements for users are outlined in DoD 8570.01-M. IA Program.