UPDATED DRAFT Fire Extinguisher PWS_RA concur.docx

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Wheeled and Portable Fire Extinguisher Service
Solicitation number
PANMCC24P0000008236
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About this file

This document is a Performance Work Statement (PWS) for a federal contract opportunity to provide wheeled and portable fire extinguisher services to the 82nd Airborne Division. The contract will be a Blanket Purchase Agreement (BPA) with services executed at the BPA Call level.

The key details are:

  • The 82nd Airborne Division has an estimated 5,000 fire extinguishers located in 6 different motorpools that require annual maintenance, inspection, and services.
  • The contractor shall provide all personnel, equipment, supplies, and services necessary to maintain and service the fire extinguishers in compliance with applicable standards and to ensure their serviceability and prevent deterioration.
  • The contract will have a base year plus two 12-month option periods.
  • The contractor will be required to develop and maintain a Quality Control Plan, and perform various maintenance activities such as recharging, painting, and hydrostatic testing on the fire extinguishers.

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PERFORMANCE WORK STATEMENT

WHEELED AND PORTABLE FIRE EXSTINGUISER SERVICE

Part I

General Information

1. GENERAL: This is a non-personal services contract to provide 82nd Airborne Division Wheeled and Portable Fire Extinguisher Services. The Government will not exercise any supervision or control over the contract service providers performing the services herein. The Government will not assign tasks to, or prepare work schedules for, individual Contractor personnel. Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Wheeled and Portable Fire Extinguisher Services, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: The 82nd Airborne Division has assessed the recurring workload may exceed limits of their GPC program and have a requirement to establish a Blanket Purchase Agreement to provide a flexible ordering vehicle that will be funded at the BPA call level.

1.3. Scope: The 82nd Airborne Division has an estimated 5,000 fire extinguishers located in 6 different motorpools which require maintenance, inspection, and services each year. The current monthly inspection location is listed in paragraph 1.6.9. Appendix B lists the current inspection schedule with the building number, number of extinguishers and notes associated with that location.

1.3.1. Services include maintaining and servicing fire extinguishers in a manner that will ensure their serviceability and prevent deterioration in value or effectiveness.

1.4. Type of Contract Contemplated: This type of contract will be a Blanket Purchase Agreement (BPA) with services executed at the BPA Call level.

1.4.1. Effective Period. Period of Performance for this Blanket Purchase Agreement: Base Year + two (2) 12-month option periods.

1.5. Objectives: The objective of this contract is to provide maintenance and servicing of fire extinguishers in a manner that will ensure their serviceability and prevent deterioration in value or effectiveness.

1.6. General Information:

1.6.1. Quality Assurance. The Contracting Officer’s Representative (COR) will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed IAW the performance standards and contract quality requirements are being met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the Contractor, to ensure they are providing products or services that conform to the contractual requirements. It defines how the performance standards will be enforced, the frequency of surveillance, the minimum acceptable defect rate(s), and deductions applied, if applicable. When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor acknowledges that they have been made aware of the defective performance.

1.6.1.1. Quality Control Plan (QCP). Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services and supplies to the Government. Contracts for commercial products shall rely on contractors' existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired include in-process inspection. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. The Government shall rely on the contractor to accomplish all inspection and testing needed to ensure that commercial services acquired conform to contract requirements before they are tendered to the Government. (IAW FAR 12.208)). The Contractor shall develop, implement, and maintain a QCP to provide delivery of high-quality service and products IAW the requirements of the contract, applicable laws and regulations, and at or above the standards defined in the Performance Requirements Summary (PRS).

1.6.1.1.1. The Contractor shall submit their QCP to the Contracting Officer (KO) and COR for review within ten (10) workdays after contract award. The KO and COR will review the Contractor’s QCP and either notify the Contractor in writing of acceptance of the plan or return, with their comments, to the Contractor within three (3) workdays. If the Government has provided comments, the Contractor shall then have three (3) workdays to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the KOs acceptance in writing. Any proposed changes to the initially accepted QCP are required to be resubmitted for acceptance by the KO no later than (NLT) five (5) workdays prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. The basic intent of this plan is that the Contractor is responsible for quality. At a minimum, the QCP shall include and answer all the following to be acceptable:

1.6.1.1.2. Deficiency Identification, Prevention and Correction. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

1.6.1.1.3. Include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS, without dependence upon Government direction. The Contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable and before they are provided to the Government.

1.6.1.1.4. How the Contractor will document and enforce quality control operations of both prime Contractor and/or subcontractor work, including inspection and testing. Address the specific tasks or areas to be inspected or tested on a scheduled or unscheduled basis, the manner of which inspections or testing are to be conducted, the titles of the individuals who will perform the inspections and testing, and the percentage of the work that will be inspected or tested on a recurring basis. In developing this inspection and testing program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.

1.6.1.1.5. Disaster Contingency Plan. The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.

1.6.1.1.6. An Analysis of Quality Control and Timeliness of Submittals. Deliverables shall be provided to the KO and COR within 30 calendar days upon completion of each option period or Period of Performance, whichever comes first.

1.6.1.1.7. How the Contractor will document, file, and save all Quality Control related documents for the life of the contract plus five years.

1.6.2. Inspection Files. The Contractor shall keep records on-site of all inspections conducted by the Contractor and necessary corrective action taken. Upon request from the KO or COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.3. COR/Alternate COR (ACOR): The COR and ACOR monitor all technical aspects of the contract and assists in contract administration. As determined by the KO, a COR and ACOR will be identified and appointed by letter of designation, a copy of which will be provided to the Contractor by the KO. The designation letter states the responsibilities and limitations of the COR and ACOR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The ACOR’s authority shall only be in effect during the absence of the COR.

1.6.3.1. In no event will the COR or ACOR, by virtue of their designation as such, be empowered to execute or agree to any contract changes thereof or authorized to obligate the Government. If the work is not written in the contract, neither the COR nor ACOR are authorized to request new work. The KO retains the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR or ACOR shall be addressed, in writing, to the KO.

1.6.3.2. The COR and ACOR are 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; and maintain written and oral communications with the Contractor concerning technical aspects of the contract. The COR and ACOR can also issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor Contractor's performance; notify both the KO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel.

1.6.3.3. Performance Issues. The Contractor shall inform the COR of issues or potential issues that might affect the performance immediately upon of identifying those issues. Verbal reports shall be followed up by written reports within two (2) workdays.

1.6.4. Nonconformance Report (NCR). Nonconformance occurs when a Contractor fails to meet Contract or Task Order terms, conditions and/or specifications; the Contractor’s quality control system is found to be inadequate; or the Contractor’s noncompliance has led to substandard performance requiring corrective action. All instances of nonconformance will be documented via a Nonconformance Report. The Contractor shall reply to the KO and COR in writing within five (5) workdays from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence. An NCR will not normally be issued if the Contractor has self-identified a nonconforming condition and has implemented effective corrective actions. However, this does not apply in cases where a Contractor has issued an internal corrective action based on a nonconformance previously identified by the Government.

1.6.5. Property Management System (PMS). Not applicable.

1.6.6. Incidental Property. Not applicable.

1.6.7. Recognized Federal Holidays. The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The recognized federal holidays include:

New Year’s DayLabor Day
Martin Luther King Jr.’s BirthdayColumbus Day
Washington’s BirthdayVeteran’s Day
Memorial DayThanksgiving Day
Juneteenth DayChristmas Day

Independence Day

1.6.7.1. The Contractor shall not be required to perform services on recognized federal holidays nor on days observed in lieu thereof. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The Contractor shall work on the days the Government is scheduled to work.

1.6.7.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the COR may approve one of the following options:

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

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

1.6.8. Hours of Operation. The Contractor shall be responsible for providing services, between the hours of 7:00 AM EST – 4:00 PM EST. 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. The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40-hour work week; flexible work schedule may be considered.

1.6.8.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.

1.6.8.2. During Force Protection Condition (FPCON) Charlie and Delta, fire extinguisher maintenance and servicing services may be discontinued. The services will resume when the FPCON level is reduced to level Bravo or lower.

1.6.9. Place of Performance. Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at the following motorpool locations:

Unit
Location
Point of Contact
1 BCT
17S PU 79188 90042
MSG Abreu, Nelson

nelson.a.abreu.mil@army.mil

2 BCT
17S PU 80472 88487
SFC Bullard, Howard

howard.d.bullard.mil@army.mil

3 BCT
17S PU 79268 91345
MSG Ximenez, Geraldine geraldine.g.ximenez.mil@army.mil
82D CAB
17S PU 85468 91273
CPT Taylor, Jack

jack.m.taylor34.mil@army.mil

HHBN/

DIVARTY

17S PU 79516 89336
MSG Chavis, Bob bob.a.chavis.mil@army.mil
82D ADSB
17S PU 78899 91064
MSG Chadwick, Harvey

harvey.d.chadwick.mil@army.mil

1.7. Security Requirements:

1.7.1. Contractor personnel shall have a favorable background investigation to access the non-classified internet protocol router network (NIPRNET). Not applicable.

1.7.2. Personnel Security Clearance Requirements. Not applicable.

1.7.3. Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW AR 190-13 Army Physical Security Program.

1.7.3.1. Key Control. Not applicable.

1.7.4. Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.8. Installation and Facility Access: Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, Headquarters Department of Army (HQDA) and/or local policy.

1.8.1. Contractor personnel shall have a valid form of Government issued identification which satisfies the requirements to gain entry onto Fort Liberty. This requirement shall be met for the life of the contract.

1.8.2. Contractor personnel shall comply with applicable installation, facility, area commander installation and facility access, and local security policies and procedures. U.S. Army Fort Liberty – Physical Security Access Control. Personnel shall be aware of and comply with the requirements associated with Installation Access Control (IAC). The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

1.8.3. In addition, the Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within (3) calendar days after contract award. At a minimum the log shall contain the following information: Contractor name and date of hire. The log shall be updated as employees are added or removed; submitted within five (5) working days after any changes occur; and available at any time upon request by the KO or COR.

1.8.3.1. The Contractor shall collect installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) working days.

1.8.3.2. Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) working days.

1.8.3.3. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.9. Background Checks: Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQDA or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access, detailing the contracted services to be performed, location of services, and duration of the contract. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.9.1. Access and general protection/security policy and procedures. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office (PMO), Director of Emergency Services (DES), or Security Office (SO). Contractor workforce shall comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA. In addition to the changes otherwise authorized by the changes clauses 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.

1.9.2. Contractor shall verify the employment eligibility of personnel assigned to this contract. Contractor personnel shall comply with vetting requirements per AR 525-13 Antiterrorism.

1.9.2.1. Eligibility Verification for Employment. E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem. All U.S. employers shall complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes U.S. citizens and noncitizens. On the form, the employer shall examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. E-Verify is mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause 52.222-54.

1.9.3. Sponsoring organizations or activities will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Visitors Control Center (VCC), detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one (1) to three (3) years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American VCC. Renewed short term passes shall be re-processed at the All American VCC.

1.10. Common Access Cards (CAC) and Other Badges: Not applicable.

1.11. Occupational Safety and Health Act (OSHA) and Environment:

1.11.1. The Contractor shall perform work in a safe manner as required by Occupational Safety and Health Act (OSHA) and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact.

1.11.2. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state, and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and COR for final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the COR.

1.12. Contractor Personnel:

1.12.1. Requirements Applicable to all Contractor Personnel.

1.12.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.12.1.2. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 380-5 have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

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

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

1.12.1.5. Conduct of Personnel. The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor personnel shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.14. Required Training: Where not otherwise stated, the Contractor shall maintain and provide evidence of completing the training to the COR upon request.

1.14.1. Anti-Terrorism (AT) Level I Training. Contractor personnel requiring access Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 (or as indicated in the AT/OPSEC Cover Sheet) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. 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 five (5) (or as indicated in the AT/OPSEC Cover Sheet) calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at Joint Knowledge Online.

1.14.2. Locally Developed iWATCH Army Training. Contractor personnel shall be briefed on the local iWATCH program (training standards provided by the Requiring Activity (RA) Antiterrorism Office (ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 (or as indicated in the AT/OPSEC Cover Sheet) calendar days of contract award and within five (5) (or as indicated in the AT/OPSEC Cover Sheet) calendar days of new employees commencing performance with the results reported to the COR NLT 30 (or as indicated in the AT/OPSEC Cover Sheet) calendar days after contract award.

1.14.2.1. iWatch is simply common awareness. Contract employees can be good sources of information. iWatch training will include organization instructions on “things to look for” and a phone number to call in case Contractor personnel have information regarding possible terrorist or criminal activities. Providing Contractor personnel with awareness materials such as the iWatch brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include the COR in the reporting procedures. Samples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://www.army.mil/e2/c/downloads/287489.pdf

1.14.3. Army Training Certification Tracking System (ATCTS) registration for Contractor personnel who require access to Government information systems. Contractor personnel with access to a government information system shall be registered in the ATCTS at commencement of services and shall successfully complete the DoD Information Assurance Awareness training prior to accessing the information system and then annually thereafter.

1.14.4. For contracts that require a formal OPSEC program. Not applicable.

1.14.6. Threat Awareness Reporting Program. Per 2-4b of AR 381-12 Threat Awareness and Reporting Program (TARP), Contractor personnel shall receive live TARP training by a Counterintelligence (CI) agent or other trainer and annually thereafter as specified in 1-10b and 1-10l of AR 381-12.

1.14.7. Privacy Training. Contractor personnel having access to systems of records; create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or design, develop maintain, or operate a system of record shall complete Privacy Training prior to commencing with work on the contract and annually thereafter. (Privacy Act of 1974 - Public Law 93-579; 5 U.S.C. Section 552a (Privacy Act); DoDI 5400.11; AR 380-5) (See PWS (1.17) Non-Disclosure Requirements.

1.14.7.1. The Contractor may provide its own training or use the training of another agency. Training shall comply with FAR 24.301(b) minimum requirements.

1.14.7.2. Suspected or Confirmed Breach. (IAW AFARS 5124.103(b)(ii) Contractor shall adhere to annual Cyber Awareness training.

1.15. Other Direct Costs (ODC): Not applicable.

1.17. Non-Disclosure Requirements: Performance under this contract may require the Contractor personnel to access data and information proprietary to a government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this PWS would be averse to the interests of the Government or others. Contractor personnel shall not divulge, or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the KO. Contractor personnel shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974 (Public Law 93-579).

1.17.1. Advertisement and Social Media. The Contractor shall not post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc., before, during or after the contract period of performance without express consent of the Government. The use of propaganda violates DoD Commercial Use of Imagery Guidelines. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.,) obtained through this contract on any marketing tool to include its company website, commercial broadcasts, online forums, and social media including the posting of content on accounts owned by friends, family, or associates.

1.17.2. Non-Disclosure Statements: Not Applicable.

1.18. Organizational Conflict of Interest: The Contractor and subcontractor(s) shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the Contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5. 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) 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 KO immediately whenever Contractor becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.19. Post Award Orientation/Periodic Progress Meetings:

1.19.1. Post Award Orientation. The Contractor, and any major subcontractor, shall attend the post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The post award conference will be coordinated by the KO and shall be at no additional cost to the Government.

1.19.2. Periodic Progress Meetings. To provide effective communication and impart necessary information, the Contractor shall attend, participate in, and furnish input to scheduled and unscheduled progress meetings, conferences, and briefings. Meetings will relate to the functions and services herein (AR 70-13 Para 4-4.b.(1)) to include issues, progress of the contract, and Contractor performance. At these meetings the KO 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 periodic progress meetings will be held at a minimum on a quarterly basis, coordinated by the KO or COR, held at a mutually agreed location or telephonically, and shall be at no additional cost to the Government. Meetings are typically held during normal duty hours; however, under special circumstances, meetings may start or end outside of regular duty hours.

1.19.3. Contractor’s Contract Manager (or designated representative) shall attend all meetings. At times the Contractor’s managerial, supervisory, and other contractor personnel knowledgeable of the subject matter shall be requested by the Government and required to attend meetings.

1.19.4. IAW the COR Designation Letter, the COR will document the minutes of the meetings and distribute them to the KO, Contractor, and other personnel on a need-to-know basis. The Contractor shall follow-up with the COR on any due outs.

1.20. Phase-In/Phase-Out Periods (PIPO): Not applicable.

1.22. Addendum to FAR Clause 52.228-5 - Insurance Requirements: The following kinds and minimum amount of insurance coverage is required in accordance with Para (a) of FAR Clause 52.228-5 Insurance-Work on a Government Installation:

KIND
AMOUNT
Workers’ Compensation
Amount required by the State in which this contract is performed; at least $100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers
Employer’s Liability
$100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers
Comprehensive General Liability
$500,000 per occurrence for Bodily Injury
Comprehensive Automobile Liability
$200,000 per person

$500,000 per occurrence for Bodily Injury $20,000 per occurrence for Property Damage

1.23. Limitations on Subcontracting (FAR Clause) 52.219-14: The Contractor shall submit evidence of compliance to the KO every six months starting from date of initial performance. Evidence may include a Contractor developed report that indicates the percentage of work performed by the prime contractor and the percentage of work performed by non-similarly situated entities. The report shall be supported by such facts as subcontractor billing and prime contractor payment.

1.24. Service Contract Reporting (SCR). The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via Sam.gov. Reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported NLT October 31 of each calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

1.24.1. Contractors shall enter the total dollar amount invoiced for services performed and the number of direct labor hours expended, to include first-tier subcontractor(s) under the contract, if applicable, during the previous Government FY. The direct labor hours expended are automatically converted into full time equivalent values. Note that under an indefinite delivery contract, reports are completed at the TO level and not at the contract level. The KO and COR will review the data for reasonableness and consistency. The KO will inform the Contractor if changes are necessary.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. CONFLICTING DIRECTIVES. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved. The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but NLT one (1) workday of the discovery of a conflict.

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

2.1.3. CONTRACTING OFFICER (KO). Individual with the authority to enter, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the KO acting within the limits of their authority as delegated by the KO. The only individual who can legally bind the Government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). Individual designated and authorized in writing by the KO to perform specific technical or administrative functions. An employee of the U.S. Government appointed by the KO 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, if 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. CONTRACTOR PERSONNEL. Includes Contractor and subcontractor employees performing working under this contract. Used interchangeably as Contractor employees.

2.1.6. DAY. Calendar day, unless otherwise specified.

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

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

2.1.9. FACILITY CLEARANCE. A facility clearance (FC) is an administrative determination that, from a national security standpoint, a facility is eligible for access to classified information at the same or lower classification category as the clearance being granted. The FC may be granted at the Confidential, Secret, or Top-Secret level. The FC includes the execution of DD441. Under the terms of the agreement, the Government agrees to issue the FC and inform the Contractor as to the security classification of information to which the Contractor will have access. The Contractor, in turn, agrees to abide by the security requirements set forth in the NISPOM (32 CFR Part 117).

2.1.10. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.11. INCIDENTAL PROPERTY. Property that is incidental to the place of performance, when the contract requires contractor personnel to be located on a government site or installation, and when the property used by the contractor within the location remains accountable to the Government. Items considered to be incidental to the place of performance include, for example, office space, desks, chairs, telephones, computers, and fax machines.

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

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

2.1.14. OPERATIONS SECURITY (OPSEC). A security program involving primarily the protection of unclassified sensitive information from unauthorized disclosure.

2.1.15. Performance Work Statement (PWS). A statement of work for performance-based acquisition that describes the required results in clear, specific, and object terms with measurable outcomes.

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

2.1.17. PHYSICAL SECURITY. Part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

2.1.18. PROPERTY ADMINISTRATOR (PA). The authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.19. PROPERTY MANAGEMENT SYSTEM. The Contractor’s system or systems for managing and controlling Government Property in its possession.

2.1.20. QUALITY ASSURANCE. A planned and systematic pattern of various functions, including inspections, performed by the Government necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved.

2.1.21. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance. The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

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

2.1.23. SHALL. An imperative command. Has a duty to or is required to. Denotes that a regulation or requirement must be followed.

2.1.24. SUBCONTRACTOR. Supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. The Government does not have privity of contract with the subcontractor.

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

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

2.2. ACRONYMS:

ACORAlternate Contracting Officer’s Representative
ADArmy Directive
AFARSArmy Federal Acquisition Regulation Supplement
AIArmy Instruction
AIEAutomated Installation Entry
AORArea of Responsibility
APMAlternate Program Manger
ARArmy Regulation
ATAntiterrorism
ATCTSArmy Training Certification Tracking System
ATEPAntiterrorism Enterprise Portal
CACCommon Access Card
CARContract Action Report
CFRCode of Federal Regulations
CHESSComputer Hardware, Enterprise Software and Solutions
CICACompetition in Contracting Act
CLINContract Line-Item Number
CMDFControlled Material Destruction Facility
CONUSContinental United States (excludes Alaska and Hawaii)
CORContracting Officer’s Representative
COTSCommercial Off the Shelf
CPARSContractor Performance Assessment Reporting System
CTCompensatory Time
CTIPCombating Trafficking in Persons
CUIControlled Unclassified Information
CYCalendar Year (1 January – 31 December)
DADepartment of the Army
DD250Department of Defense Form 250 (Receiving Report)
DD254Department of Defense Form 254
DD1466Building Pass
DESDepartment of Emergency Services
DFARSDefense Federal Acquisition Regulation Supplement
DMDCDefense Manpower Data Center
DODelivery Order
DoDDepartment of Defense
DoDDDepartment of Defense Directive
DoDIDepartment of Defense Instructions
DoDMDepartment of Defense Manual
DoDRDepartment of Defense Regulation
DTMDirective Type Memorandum
ENEvaluation Notice
EOExecutive Order
ETEastern Time
FARFederal Acquisition Regulation
FFPFirm Fixed Price
FFSFull Food Service
FPCONForce Protection Condition
FSOFacility Security Officer
FSSFederal Supply Schedule
FYFiscal Year (1 October – 30 September)
GAOGovernment Accounting Office
GFE/M/PGovernment Furnished Equipment/Material/Property
GPAGovernment Property Administrator
HIPAAHealth Insurance Portability and Accountability Act of 1996
IAInformation Assurance
IACInstallation Access Control
IACSInstallation Access Control System
IAWIn Accordance With
ICEInteractive Customer Evaluation
IDIQIndefinite-Deliver Indefinite-Quantity
IGEIndependent Government Estimate
IRAPTInvoicing, Receipt, Acceptance, and Property Transfer
ITInformation Technology
JPASJoint Personnel Adjudication System
JTRJoint Travel Regulation
KOContracting Officer
KSContracting Specialist
LHLabor Hours
LPTALowest Price Technically Acceptable
MAMultiple Award
MASMinimum Acceptable Standard
MATOCMultiple Award Task Order Contract
MFRMemorandum for Record
MICCMission and Installation Contracting Command
NACINational Agency Check with Inquiries
NCRNonconformance Report
NDANondisclosure Agreement
NISPNational Industrial Security Program (32 CFR Part 2004)
NISPOMNational Industrial Security Program Operating Manual (32 CFR Part 117).
NLTNo Later Than
NTENot to Exceed
NTPNotice to Proceed
OASISOne Acquisition Solution for Integrated Services
OCIOrganizational Conflict of Interest
OCONUSOutside Continental United States (includes Alaska and Hawaii)
ODCOther Direct Cost
OPSECOperations Security
OSHAOccupational Safety and Health Act
OTOver Time
PIIPersonally Identifiable Information
PIPOPhase-In/Phase- Out
PITProcess Improvement Tracker
PMProgram Manager
PMSAProperty Management System Analysis
POCPoint of Contact
POPPeriod of Performance
PRSPerformance Requirements Summary
PWSPerformance Work Statement
RARequiring Activity
RFIRequest for Information
RFPRequest for Proposal
RFQRequest for Quotation
RTOPRequest for Task Order Proposal
QAQuality Assurance
QAPQuality Assurance Program
QASPQuality Assurance Surveillance Plan
QCQuality Control
QCPQuality Control Plan
SAMSystem for Award Management
SBSmall Business
SCRService Contract Report
SMESubject Matter Expert
SOPStandard Operating Procedure
TARPThreat Awareness and Reporting Program
TETechnical Exhibit
TOTask Order
TSDBTerrorist Screening Database
U.S.C.United States Code
VCCVisitor Control Center
WAWFWide Area Workflow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide access to motorpool areas where fire extinguishers are located.

3.2. Facilities: The Government will provide the Contractor a listing of motor pools with extinguishers needing maintenance as part of the annual contract (para. 1.6.9). Specific buildings will be confirmed at the beginning of each month and the contact information for the DIV G4 COR (or other designated POC) will be provided at that time. The contractor will coordinate with the DIV G4 COR manager to conduct the required maintenance on the extinguishers assigned to their motorpool.

3.3. Utilities: The Government will provide utilities at sites where fire extinguishers will be services. The Contractor shall instruct all 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, valves, light switches, etc., after using the required amount to accomplish the tasks requiring the use of utilities.

3.4. Equipment: Not applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation,…

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