Amendment_0003-16-R-0030_TADSS_Support_Services _2_Jun_16.docx

W91151-16-R-0030

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

CONTINUATION PAGE

The referenced solicitation is amended to incorporate/address industry questions and Government responses. The following is a listing of questions raised by industry and the responses provided by the Government:

1. The questions answered on 27 May 2016 were posted with a conformed RFP. Per the files posted to FBO, there is only an SF33 and Amendment 0001 (2 May 2016) to be acknowledged in Section 1, General.

Question: Please confirm that is correct?

Response: Amendment 0002 was unintentionally overlooked and not posted with the conformed copy, attachments and technical exhibits. This was corrected and Amendment 0002 was posted to FBO on 31 May 16. Offerors can tell how many amendments have been published by the last four numbers following the first 13 characters of the solicitation number. For example, in solicitation number W91151-16-R-0030-0003 the "3" indicates that this solicitation has 3 amendments. The The offeror should acknowledge all amendments.

2. The response to Question 11 states that vehicles are to be billed against CLIN 0001. However, the answer to Question 38 states that vehicles are to be billed against CLIN 0003.

Question: Please clarify this inconsistency?

Response: Vehicle leasing will be billed under CLIN 0001. CLIN 0003 will cover any reasonable vehicle maintenance and consumables on contractor provided vehicles.

3. Question 7 asks about mowing. The government is stating that the contractor is responsible for mowing 75’ from the buildings (approximately 7 of them currently and any others that TSC gains operational control over) while Question 34 asks if the Government will allow mowing equipment to be sources using the NTE CLIN with the answer of YES.

Question: Can the mowing be charged to the NTE CLIN which I assume is CLIN 0003 for ODCs? If not, what is the correct CLIN?

Response: Yes mowing is billable under CLIN 0003.

4. Block 3 of Amendment 1 shows an effective date of 3-May-2016, while block 9B is dated 29-Apr-2016 and Block 16C shows ad date signed of 3-May-2016. The solicitation states that the Past Performance section is due to the Government twenty (20) days after the date the RFP was issued. The date the RFP actually appeared on FBO was 3 May 2016 as amendment 0001.

Question: Will the Government amend the due date for the Past Performance section 23 May 2016, which is 20 days from the date the RFP was posted on FedBizzOps.gov, as 3 May 2016 was the earliest date on which offerors could begin preparing the requested past performance information?

Response: The Government has extended the date Past Performance information is due to the solicitation close date located in block 9 of the SF 33. This includes PPQ as well as Past Performance Section III. This is updated in Amendment 0003.

5. FedBizOps.gov lists three (3) amendments for solicitation W91151-16-R-0030; amendment 1 posted 3 May 2016, amendment 2 posted 6 May 2016, and amendment 3 posted 27 May 2016. The most recent amendment, posted to FedBizOps.gov on 27 May 2016, is listed as Amendment 3 but the solicitation document shows it as Amendment 0002.

Question: Can the Government please clarify the number of amendments posted so far and the dates posted?

Response: The exact number of amendments is dependent upon how many the Government feels is necessary. Offerors can tell how many amendments have been published by the last four numbers following the first 13 characters of the solicitation number. For example, in solicitation number W91151-16-R-0030-0003 the "3" indicates that this solicitation has 3 amendments.

6. Question: Is there an SCA contract start date listing available for personnel to determine Anniversaries per SCA labor requirements?

Response: Not at this time, as it is not currently required. Department Of Labor Wage Determination says 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

7. The amendment posted states that anniversary dates for the SCA covered positions will be posted later.

Question: We respectfully request a proposal due date extension (preferably 7 calendar days) as we will need to make significant changes to our price proposal based on the answer to the question above and ensuring each person is allotted the correct vacation balance based on their tenure.

Response: The Proposal has been extended. The proposal due date is located in block 9 of the SF 33.

8. The Government’s response to questions #11 and #39 seem to contradict each other: #11 Response: Vehicles currently leased, by Contractor, are Ford Transit Connect (2 each), Ford F-150 (1 each), and Ford F- 350 Box trucks for Contact teams (2 each). The billing of these vehicles is on CLIN 0001 not CLIN 0003 (ODC). #39 Response: Vehicle leasing cost, routine maintenance, and fuel cost are covered by CLIN 0003 (1003, 2003, 3003, and 4003)

Question: Can the Government provide clarification? If the response to #39 is correct, can the RFP be amended to correct the CLIN description and PWS paragraph C.4.2.2?

Response: Vehicle leasing will be billed under CLIN 0001. CLIN 0003 will cover any reasonable vehicle maintenance and consumables on contractor provided vehicles

9. The Government’s response to question #22 indicates that there is no off-road requirements for the vehicles. Can the government confirm that the contact teams are required to deliver equipment to the units in the field in off-road conditions?

Question: Can the Government confirm that the two F- 350 Box trucks mentioned on the responses to questions #11 and #21 are four wheel drive?

Response: No. the Government cannot confirm whether or not the F-350 Box trucks are four-wheel drive vehicles. While there will certainly be units that require services in the field; the delivery locations that are to used will be at the major intersections (paved roads) where those exercises are being conducted as link-up points. Currently, there is no requirement for off-road driving.

10. The Government’s response to question #34 indicates that mowing equipment is provided by the Government under CLIN 0003.

Question: Can the government confirm that all mowing equipment and supplies are billable under the 0003 CLIN? Can the RFP be amended to correct the CLIN description and PWS paragraph C.4.3.5?

Response: The Government will not provide equipment for mowing. Mowing equipment and supplies are billable under CLIN 0003.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time 07-Jun-2016 12:00 PM has been added.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1001

The CLIN extended description has changed from:

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles, supervision, cell phones, and phone cards.

To:

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles and supervision..

CLIN 2001

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles, supervision, cell phones, and phone cards.

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles and supervision..

CLIN 3001

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles, supervision, cell phones, and phone cards.

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles and supervision..

CLIN 4001

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles, supervision, cell phones, and phone cards.

Training Aids, Devices, Simulators and Simulations (TADSS) Support Services – The contractor shall furnish all TADS support services in accordance with the performance work statement (PWS) to include all labor, vehicles and supervision..

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

TRAINING AIDS, DEVICES, SIMULATORS AND SIMULATIONS (TADSS) FOR THE

TRAINING SUPPORT CENTER (TSC), FORT HOOD, TX

SECTION C.1

GENERAL INFORMATION

C.1.1. SCOPE OF WORK. The Contractor shall provide personnel, management, administrative support and all other supplies necessary to provide Training Aids, Devices, Simulators and Simulations (TADSS) support services to the Training Support Center (TSC) located at Fort Hood, Texas. TADSS support services include operating warehouses: prioritizing daily work orders; issuing, tracking, receiving and shipping TSC Lending Property; providing technical assistance to using organizations; design and fabrication of TADSS; performing operational and organization maintenance and repairs on TSC Lending and/or Using property; and developing and maintaining statistical and financial reports. TADSS support services will be provided to TSC account holders and authorized users: On Post - Active Duty military and Staff Agencies - approximately 211; Off Post - Reserve, ROTC, Community and University - approximately 85; and Temporary Accounts - (Infrequent Use- Average 17) The number of TSC account holders and authorized users may be changed throughout the term of the contract by the Contracting Officer (KO) or designated contracting officer representative (hereinafter identified as the Contracting Officer).

C.1.2. HOURS OF OPERATION

C.1.2.1. NORMAL OPERATING HOURS. The Contractor shall perform the services required under this contract during Normal Hours of Operation, 0730 to 1630; Normal Duty Days or Workdays will be Monday through Friday, excluding legal public holidays.

C.1.2.2. HOLIDAYS. The following federal holidays are observed by the Government:

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. This list of holidays relates to Government duty days, and is not intended to supplement or otherwise alter the provisions of the Wage Determination regarding paid holidays. Operations during the Christmas holiday half-day schedule are generally curtailed or eliminated.

C.1.2.3. INSTALLATION CLOSURES. The Army generally designates the last workday prior to a holiday weekend as a training holiday for its Soldiers. Contractor employees are not excused from performing assigned work under this contract on training holidays. In situations where the facilities in which work is performed are closed and inaccessible due to Government shut down for reasons of natural disaster, military emergency, increase of Force Protection Conditions to Charlie or Delta, or severe inclement weather, the KO will notify the Contractor at the earliest practicable date. The Government will not be liable for costs incurred as a result of natural disasters, military emergency, and increase of Force Protection Conditions to Charlie or Delta, or severe inclement weather.

C.1.2.4. OVERTIME. Overtime may be required in the performance of services on this contract. The Government does not anticipate using overtime in the performance of this requirement. If necessary, the Contractor shall request and obtain, in writing, approval from the KO for overtime prior to the performance of overtime services on this contract.

C.1.3. CONTRACTOR PERSONNEL

C.1.3.1. PERSONNEL. The Contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this work statement shall remain employees of the Contractor and will not be considered employees of the Government.

C.1.3.2. CONFLICT OF INTEREST. The contractor shall not employ any person who is an employee of the United States Government or the Department of Defense, either military or civilian, if such employment would create a conflict of interest or be contrary to the policies contained in Department of Defense (DOD) Joint Ethics Regulation (JER), DOD 5500.07-R.

C.1.3.3. CONDUCT OF PERSONNEL. The KO may require the contractor to remove from the job site any employee working under this contract for reason of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interests of the Government. In accordance with the DOD JER, DOD 5500.07-R and 18 U.S.C. 1382, the installation commander has the authority to bar individuals from the installation. The removal from the job site of dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this work statement. Failure to maintain a sufficient number of qualified individuals to perform the requirements of this contract is NOT a justifiable excuse to request an exception to the contract requirements or delayed performance of required services and does NOT entitle the contractor to request relief under the contract.

C.1.3.4. EMPLOYEE TRAINING. All Contractor personnel performing work under this contract shall attend hazardous materials management training, as required by Fort Hood Regulation 200-1, Environment and Natural Resources, within two (2) weeks of starting performance. The Contractor shall submit a request for training to the KO. Upon completion, a roster of those completing the training shall be submitted to the KO and DPW Environmental Training Section. The Contractor shall request this training for new employees within two (2) weeks of employment. Contractor personnel shall also complete all mandatory training that is directed to DoD Civilians and Military by the installation commander along with other in-service training that the Government may periodically provide.

C.1.3.4.1. ANTITERRORISM TRAINING. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within two (2) weeks after contract performance start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the KO upon completion. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

C.1.3.4.2. iWATCH TRAINING. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the KO. This training shall be completed within two (2) weeks after contract performance start date. Additionally, all new employees will be required to complete this training within two (2) weeks of employment and provide a certificate of completion to the KO.

C.1.3.4.3. OPSEC TRAINING. The Contractor employees will complete Level I OPSEC Awareness training IAW AR 530-1 (Operations Security). This training shall be completed within two (2) weeks after contract performance start date. Additionally, all new employees will be required to complete this training within two (2) weeks of employment and provide a certificate of completion to the KO.

C.1.4. PERSONNEL SECURITY REQUIREMENTS. Contractor personnel or any representative of the contractor entering any government reservation where services pertaining to this contract are performed, shall abide by all security regulations and their persons and property shall be subject to security checks.

C.1.5. INSTALLATION ACCESS. The contractor shall be responsible for assuring all contractor personnel authorized to perform work under this contract obtain installation access as required by Army Regulation 190-5, Motor Vehicle Traffic Supervision and Army Regulation 190-13 The Army Physical Security Program. Government furnished identification shall be returned to the Government when the employee no longer performs work for the contractor under this contract.

C.1.6. PERSONNEL SECURITY CLEARANCES. The Contractor may be required to provide personnel possessing a security clearance and if so the Government will provide a DD Form 254, DOD Contract Security Classification Specification prior to contract award. The Contractor shall apply for Contractor personnel and/or Contractor representatives’ security clearances within five (5) workdays after receipt of facility clearance or five (5) workdays after contract award if the Contractor already possesses a facility clearance. Contractor personnel and Contractor representatives who have not received security clearances shall not be granted access to confidential information nor allowed to perform confidential work.

C.1.7. COMMON ACCESS CARDS (CAC). All contractor employees requiring computer access shall obtain a CAC through the Contractor Verification System (CVS), in accordance with (IAW) Army Regulation (AR) 600-8-14 and AR 190-13. All contractor employees requiring a CAC must have at least a National Agency Check trustworthy investigation submitted through the Office of Personnel Management. This is a requirement for all contractors to receive a CAC through the Contractor Verification System and to have access to the any Department of the Army Local Area Network (LAN). Industrial/Company background investigations are unacceptable to receive a CAC or to have access to the LAN.

C.1.8. PROJECT MANAGER. The contractor shall provide a full-time (on-site) dedicated Program Manager (PM) that has the corporate decision-making authority to effectively and rapidly respond to contract requirements. The letter appointing the PM shall outline the scope of authority of the PM. For contingencies after normal operating hours, the PM or APM shall respond within two hours.

C.1.8.1. ALTERNATE PROJECT MANAGER. The Contractor shall designate in writing an (on site) Alternate Project Manager (APM). The APM shall be present during normal operating hours and available when the PM is absent. The APM shall possess extensive experience in the training aids, devices, simulators and simulations area is preferred.

C.1.8.2.The Contractor shall provide the name, address, and telephone number for the PM and APM to the KO in writing prior to contract start. The Contractor shall verbally notify the KO of changes as they occur and provide written changes not later than five (5) workdays after the effective date of change.

C.1.9. QUALITY CONTROL MANAGER. The Contractor shall provide a Quality Control Manager (QCM) who shall be responsible for implementing, updating and ensuring compliance with the approved Quality Control Plan (QCP). The QCM must demonstrate a thorough knowledge of the ISO 9001 Quality Management System Standard.

C.1.10. COMPUTER SYSTEMS ANALYST II. The Contractor shall provide a Computer Systems Analyst. The Computer Systems Analyst II will be responsible for administration of all computers, computer systems and associated equipment required to perform services on this contract i.e. the Local Area Network (LAN). The Computer Systems Analyst II will be responsible for performing basic computer upgrades and troubleshooting services. The Computer Systems Analyst II must demonstrate four years progressive experience in computer and associated equipment operation, have the knowledge and skills to understand Local Area Network (LAN) technology and qualified to administer a LAN. Graduation from an accredited institution of higher education is required. Education may be substituted at a rate of one year course of study in computer science for nine months of experience.

C.1.11. MINIMUM QUALIFICATIONS DOCUMENTATION. The Contractor shall provide the documentation necessary to demonstrate the minimum qualifications of the personnel hired in the positions above to the KO, within five (5) workdays after contract start date. The minimum qualifications documentation shall include each employee’s name, job title, and job position.

C.1.12. CONTRACTOR PERSONNEL IDENTIFICATION. The Contractor shall provide a list to the KO, within five (5) workdays after contract award of all Contractor employees. The list shall state each employee’s name, job title, job position, security clearance or security clearance status and primary area of work. Changes shall not be submitted later than 24 hours prior to the implementation of the change. The Contractor shall notify the Contracting Officer, in writing, of any employee additions, deletions or changes not later than five (5) workdays after the effective date of change. In emergency situations and cases of adverse actions where compliance is not possible, the contract shall submit the change in writing to the KO not later than 24 hours after the change is implemented.

C.1.12.1. IDENTIFICATION BADGES. Contractor personnel and Contractor representatives, while on duty, shall wear Contractor provided identification (ID) badges. The badges shall be worn outside of clothing in the chest area.

C.1.13. INSTALLATION ACCESS. Fort Hood no longer requires vehicle registration or the display of a DOD vehicle registration decal for Installation access. Non CAC Contractors requiring unescorted installation access must provide a cover letter from the COR or Contractor on letterhead. The letter should contain the contract number, start and end date of contract, and be signed by the COR or Contractor. Along with the cover letter shall be a list of employees’ full name, date of birth, driver’s license or state ID number, state of issue, and last 4 numbers of social security number. Upon satisfying the above criteria and vetting requirements an Installation access pass/badge will be issued. This information will be turned in to the Marvin Leath Visitors Center, located at the Fort Hood Main Gate entrance. For all Contractor employees issued a CAC, access to the installation is gained by displaying the CAC to guard personnel at the Access Control Points.

C.1.13.1. VEHICLE OPERATION. Contractor personnel operating motor vehicles on the installation shall have a valid state operator’s license for the category of vehicle being operated and shall comply with Fort Hood Regulation 190-5, Fort Hood Traffic Code, regarding motor vehicle use on the installation.

C.1.13.2. CONTRACTOR OPERATED GOVERNMENT OWNED OR LEASED EQUIPMENT. This supersedes the requirement identified in AR 600-55 Dated 18 June 2007. Effective immediately Department of Defense (DOD) contractor employees shall not be issued optional Form (OF) 346, "U.S. Government Motor Vehicle Operator's Identification Card." DOD contractor employees assigned to operate either government owned or leased equipment in performance of their contract shall be certified, by the contractor and at the contractor's expense, as being fully qualified to operate the vehicles/equipment to which they are assigned. The prime contractor shall document all operator qualifications. This documentation shall be provided to the administrative KO before any contract employee engages in any mode of equipment operation. The administrative KO shall retain documentation.

C.1.13.3. CONTRACTOR VEHICLE IDENTIFICATION. Contractor owned vehicles used in the performance of services under this contract on this installation shall be marked as commercial contractor vehicles with the Contractor’s company name in 3” block letters of a color that contrasts with its background, on both sides of the vehicle. Contractors operating multiple contractors owned vehicles on the installation may be required to place identifying numbers on the front and rear bumpers of the vehicles.

C.1.14. QUALITY CONTROL (QC). The contractor shall establish and implement a thorough QCP that identifies potential and actual problem areas in executing requirements of the contract as specified and results in corrective action throughout the life of the contract. The QCP shall be submitted to the KO for approval 30 working days after performance start date and shall be updated thereafter to maintain an effective and efficient quality control program. Control measures and features defining QC activities must be specified and metrics developed to ensure adequate program monitoring. The Government has the right to inspect all services called for by this contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform these inspections in a manner that will not unduly delay the work. Any changes to the QCP shall be submitted to the KO a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the contractor by the KO.

C.1.15. QUALITY ASSURANCE. The Government will evaluate the contractor’s performance under this contract in accordance with a Quality Assurance Surveillance Plan (QASP) that is tailored specifically to this contract. The QASP will be used to evaluate contractor actions while implementing the PWS. It is designed to provide an effective surveillance method to monitor contractor performance for each objective listed on the Performance Requirements Summary (PRS). This plan is for the Government’s use and is not provided to the contractor for any purpose. The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved. The standards of performance of services performed under this contract are listed in the PRS located in Technical Exhibit G.

C.1.15.1.The Performance Requirements Summary (PRS) lists key areas of the contract that the Government will monitor, where it is located in the PWS. It provides a brief description of the minimum performance standards the Contractor must maintain for acceptable accomplishment of the major task requirements. The Government will use these performance standards to assess the overall performance of the Contractor. This PRS also serves as the basis for the Government’s Quality Assurance Surveillance Plan.

C.1.16. PERFORMANCE EVALUATION MEETINGS. The KO may require the Project Manager to meet with the KO, Contracting Officer Representative (COR), and other Government personnel as deemed necessary. Written minutes of such meetings shall be recorded by the Government and signed by the PM and the KO or COR and distributed within five (5) workdays after the meeting. The Contractor may request a meeting with the KO when the Contractor believes such a meeting is necessary. Written minutes of such meetings shall be recorded by the Contractor and signed by the Project Manager and the KO and distributed within five (5) workdays after the meeting. In either case if the Contractor does not concur with any portion of the minutes, recorded by the Government or the Contractor, such nonoccurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes.

C.1.17. KEY CONTROL. The Contractor shall be responsible for keys provided to the Contractor by the Government. Keys shall not be lost, misplaced, or duplicated by Contractor personnel, nor used by unauthorized Contractor personnel. The Contractor shall develop and implement procedures to insure that keys issued to the Contractor by the Government are safeguarded. Procedures implemented shall be documented in the QCP. Detailed requirements regarding key accountability are identified in FH Reg. 2102 Building Transactions and Usage Maintenance of Installed Property.

C.1.17.1.The Contractor shall report any occurrence of duplicated, misplaced, or lost keys to the KO within 30 minutes after discovery of occurrence and submit a written report to the KO by 1600 the next workday. The written report shall provide complete details relating to duplication, misplaced or lost keys as well as corrective and preventive action plans to avoid future recurrence.

C.1.17.2. In the event a key is duplicated, misplaced, or lost, all locks and keys for that system will be replaced at the discretion of the Government. The Contractor shall reimburse the Government for replacement of locks or re-keying required as a result of keys being duplicated, misplaced, or lost by the Contractor or Contractor personnel. The Contractor shall also reimburse the Government for any government property lost or stolen as a result of unauthorized key duplication, misplaced key, or loss of key by the contractor or contractor personnel.

C-1.18 GOVERNMENT OBSERVATIONS. The Contractor shall provide access to Government owned facilities operated by the Contractor for observation or inspection by any Government agency or individual authorized access by the KO. Government Personnel will not interfere with Contractor Performance.

C.1.19. INTERFACE WITH GOVERNMENT OPERATION. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled Government operational activities.

C.1.20. CONTRACTOR INTERFACE. The Contractor shall fully cooperate with the other Government Contractors at Fort Hood and with Government employees and shall carefully adapt scheduling and performance of work under this contract to accommodate them. Potential conflicts could occur as a result of these interfaces with other Contractors. The Contractor shall refer unresolved disputes with other Contractors to the KO within two hours from the time the dispute occurs.

C.1.21. FRAUD, WASTE, AND ABUSE. The Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor work area. Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste, and abuse or other intentionally dishonest conduct against the Government observed during or in the performance of this contract.

C.1.22. CONSERVATION OF UTILITIES. Contractor personnel shall practice utilities conservation and shall operate under conditions that preclude waste of government furnished utilities IAW FH Reg. 420-9 Energy Conservation Program.

C.1.23. ENVIRONMENTAL CONTROL. Environmental Protection. The Contractor and Contractor representative shall handle, transport, store, and dispose of all waste materials generated by any work performed under this contract IAW all applicable Federal, State, Local, or Installation laws, ordinances, regulations, court orders, or other types of rulings having the effect of the law, including, but not limited to Executive Order 13148, 21 April 2000; Greening the Government Through Leadership in Environmental Management; Executive Order 12088, 13 October 1978; Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act,( Clean Water Act), as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act, as amended (42 U.S.C. Sec 7401, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act 1976 and (42 U.S.C. Sec 6901, ET SEQ); Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001, ET.SEC.); Army Regulation 200-1and FH Regulation 200-1. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. Any Hazardous Wastes requiring a manifest must be turned in to the Department of Public Works (DPW) -Classification Unit for proper disposition. The Contractor shall be responsible for getting any hazardous waste to the DPW-Classification Unit. Classification of waste and disposal will be completed by the Government. The Government will be responsible for all Government assessed fees associated with the disposal of hazardous waste generated by the Contractor and/or the Contractor’s representative performing work under this contract. Should the Government be held liable for any noncompliance, neglect or improper actions resulting from the Contractor or the Contractor’s representative removal or disposal of hazardous waste the Contractor shall reimburse the Government for all such liability. The Contractor is absolved of any liability for prior contamination of the site should it be identified.

C.1.24. ACCIDENTAL SPILLS. In the event of fuel or material spillage by the Contractor and/or the Contractor’s representative, the Contractor shall be responsible for its containment, clean up, and related disposal costs. The Contractor shall immediately notify the Fire & Emergency Services dispatcher at 287-3908 and take appropriate actions to correct and prevent future occurrences. The Contractor shall have sufficient spill supplies available on-site to contain any spillage. If any federal, state, or local agency assess any monetary fines, penalties, or assessments related to the Contractor and/or the Contractor’s representative handling, release, storage, generation, or disposal of hazardous materials, toxic substances or any other regulated substance the Contractor shall indemnify and hold harmless the Government its agents, and employees from every claim or liability, including attorney fees and court costs.

C.1.24.1. GASSES. The Contractor shall store full or empty gas cylinders IAW AR 700-68 Storage and Handling of Liquefied and Gaseous Compressed Gases and Their Full and Empty Cylinders; AR 420-90 Fire and Emergency Services, and FH Reg. 420-1 Fire and Emergency Services.

C.1.25. ACCIDENT REPORTING. The contractor shall maintain an accurate record of accidents resulting in injury or death and accidents resulting in damage to government property, supplies, and equipment. The contractor shall report accidents in accordance with the requirements indicated in AR 385-10 Army Safety Program and DA Pam 385-40 Army Accident Investigation and Reporting.

C.1.26. FIRE PROTECTION. The contractor shall comply with AR 420-90 and FH Reg. 420-1, for fire protection and fire prevention.

C.1.27. SAFETY. The contractor shall safeguard and maintain all government property as well as provide for the safety and well-being of personnel employed in the performance of this contract. The contractor shall comply with the provision of AR 385-10, Army Safety Program. Members of the III Corps Safety Office are authorized to visit the work site at any time to monitor compliance with the safety standards.

C.1.27.1. The contractor shall comply with the Occupational Health and Safety Act (OSHA). Contractor personnel shall wear job appropriate safety items required by OSHA during the performance of tasks requiring protective equipment or clothing.

C.1.28. FILES. The Contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this contract in accordance with AR 25-1, Army Knowledge Management and Information Technology and AR 25-400-2 The Army Records Information Management System. The Contractor shall not allow access to the files by any government agency, non-governmental agency, or individual unless specifically authorized by the KO. Files shall be made available to the KO upon request. All files will become the property of the Government and shall be turned over to the KO at the completion or termination of this contract. The contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the KO. All documentation showing individuals’ names or other personal information will be controlled and protected. The provisions of the Privacy Act of 1974, Public Law 93-579, 5 U.S.C., Section 552a, and the Computer Matching and Privacy Protection Act, Public Law 100-503, shall apply.

C.1.29.1. CONFIDENTIALITY. This project and all materials provided to the Contractor by the Government and results, conclusions and recommendations obtained thereof should be considered confidential in nature and treated with the same level of care that the Contractor treats its own confidential business information. The information shall not be disclosed, copied, modified, used (except in the completion of this project) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without the Government’s express consent.

C.1.30. SMOKING. The contractor shall comply with AR 600-63, Army Health Promotion, which establishes uniform policies governing regarding use of tobacco products in Government facilities and on any government reservation where services pertaining to this contract are performed.

C.1.31. PHASE-IN-PLAN. The Phase-In-Period shall commence prior to performance start date and shall not exceed 30 days. The Contractor shall be prepared to assume full responsibility for all requirements needed to operate and manage this contract and shall take all actions necessary for a smooth transition of the contracted operations. The Contractor shall conduct and complete joint inventories with Government and outgoing contractor during the phase-in-period. The Contractor shall assume full responsibility for all work in progress on contract start date. The Contractor shall submit a Phase-In-Plan within five working days of contract award.

C.1.32. PHASE OUT PERIOD. The Contractor shall prepare a Phase-Out-Plan, and the plan shall be submitted 120 days prior to the expiration of contract. Any subsequent changes to the plan shall be submitted to the KO for approval within 90 days before the contract ends. The Contractor shall include in the Phase-Out-Plan, at a minimum; retention of employees; turn-over of inventory, including inventory in process; pre-inventory of all Government Furnished Property, prior to the joint inventory, work in progress; reconciliation of all accounts; joint inventory procedures; removal of Contractor owned property; turn-in of all excess equipment, supplies, and materials; orientation training of the incoming contractor employees; and security debriefings for current employees.

C.1.32.1. Support shall include those services required to insure the effective, efficient transfer of responsibility as well as technical data, tools and test equipment, and repair and spare parts, in sufficient detail and coverage to enable other personnel with comparable skills to maintain the overall TSC mission. The transition effort shall include an analysis of all failures and maintenance actions undertaken during the interim support and revising technical publications to reflect actual fielded experience. The support transfer shall include 100 percent of provisioned items. It is anticipated that actual turnover of the mission and Government Furnished Property shall be approximately 30 days, if activities, such as inventory and reconciliation are conducted prior to the official phase out.

C.1.33. OTHER DIRECT COSTS (ODC). The other direct cost (ODC) CLIN is a not to exceed amount (NTE) for equipment and supplies used in the performance of this contract. The ODC CLIN is not intended for the purchase of Government—Furnished Property and Services (Section C.3 of the PWS) unless specifically approved and funded by the government. In order to be reimbursed, all receipts and documents supporting the purchases are required to be submitted with the invoice. The contractor is required to prove any reimbursable items are fair and reasonably priced, to the satisfaction of the contracting officer, in order to be reimbursed. ODC are reimbursed excluding profit or fee.

SECTION C-2

DEFINITIONS & ACRONYMS

C.2.1. GENERAL DEFINITIONS

C.2.1.1. ADMINISTRATIVE CONTRACTING OFFICER (ACO). The ACO is responsible for administration of the contract and is solely authorized to take action on behalf of the Government which may result in changes to the terms of this contract including deviations from the Performance Work Statement and delivery schedules.

C.2.1.2. CONTRACTING OFFICER (KO). A person duly appointed with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government.

C.2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An individual designated, by letter of appointment from the KO to represent the KO in specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

C.2.1.4. CONTRACTOR-ACQUIRED PROPERTY (CAP). Means property acquired or otherwise provided by the Contractor for performing a contract and to which the Government has title.

C.2.1.5. EXPENDABLE SUPPLIES AND MATERIEL. Supplies and Materiel that are consumed in use, such as paint, fuel, cleaning and preserving materials, etc., or that lose their identity, such as spare parts, etc. Also called consumable supplies and materiel.

C.2.1.6. GOVERNMENT-FURNISHED PROPERTY (GFP). Means property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

C.2.1.7. GOVERNMENT PROPERTY. All property owned by or leased to the Government or acquired by the Government under the terms of the contract. It includes both Government-furnished property and contractor-acquired property as defined in this section.

C.2.1.8. HAZARDOUS MATERIALS. For the purpose of this PWS, are defined as any other material designated by a Government technical representative as potentially hazardous and requiring safety controls. Hazardous material as defined in the latest version of the Federal Standard No. 313 is also applicable pursuant to Federal Acquisition Regulation (FAR) 23.301 Definition.

C.2.1.9. DEPOT-LEVEL MAINTENANCE. Entails rebuilding and major overhaul of a systems parts, assemblies and subassemblies. NOTE: No Depot-Level Maintenance will be allowed in the performance of this contract.

C.2.1.10. INTERMEDIATE MAINTENANCE. Maintenance that is the responsibility of and performed by designated maintenance activities for direct support of using organizations. Its phases normally consist of: a. calibration, repair, or replacement of damaged or unserviceable parts, components, or assemblies; b. the emergency manufacturer of non-available parts; and c. providing technical assistance to using organizations. NOTE: No Intermediate Maintenance will be allowed in the performance of this contract.

C.2.1.11. OPERATIONAL MAINTENANCE. Maintenance that is routine, regular and scheduled or periodic (e.g. servicing, cleaning, inspection, minor repairs and replacement). -10/-20 Standards.

C.2.1.12. ORGANIZATION MAINTENANCE. Maintenance which is the responsibility of and performed by a using organization on its assigned equipment. Its phases normally consist of inspecting, servicing, lubricating, adjusting, and the replacing of parts, minor assemblies, and subassemblies.

C.2.1.13. UNIT-LEVEL MAINTENANCE. Unit maintenance tasks performed by the operator, crew, and/or unit maintenance personnel to detect and correct faults. NOTE: No Unit-Level Maintenance will be allowed in the performance of this contract.

C.2.1.14. PERSONAL PROPERTY. For the purposes of this PWS, means property of a capital nature (including equipment, machine tools, test equipment, furniture, vehicles, and accessory and auxiliary items) use in fabricating supplies or used for any administrative purpose in the performance of services.

C.2.1.15. PROPERTY. For the purposes of this PWS, means all property, both real and personal. It includes facilities, material, special tooling and agency-peculiar property.

C.2.1.16. PROPERTY ADMINISTRATOR (PA). A property administrator may be designated, by letter of appointment from the KO, to administer the contract requirements and obligations relative to Government Furnished Property. The Contractor will be provided a copy of the property administrator appointment letter.

C.2.1.17. QUALITY ASSURANCE (QA). Those actions taken by the Government to assure that the quality of purchased goods and services received are acceptable IAW established standards and requirements of the contract.

C.2.1.18. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). A written document used by the Government for quality assurance surveillance. The document contains specific methods to perform surveillance of the Contractor's performance.

C.2.1.19. QUALITY CONTROL (QC). Those actions taken by the Contractor to control the production of goods or services so that they meet the requirements of the contract.

C.2.1.20. REAL PROPERTY. Means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations or personal property.

C.2.1.21. REPAIR. To restore an item to a serviceable condition through correction of a specific failure or unserviceable condition and performing such action to make the equipment operable.

C.2.1.22. SPECIAL TOOLING. For the purpose of the PWS, means jigs, dies, fixtures, molds, patterns, taps, gauges, other equipment and fabrication aids, all components of these items, and replacement of these items, which are of such a specialized nature that without substantial modification or alteration their use is limited to the development or production of particular supplies or parts thereof or to the performance of particular services. It does not include material, facilities, general or special machine tools, or similar capital items.

C.2.1.23. TSC LENDING PROPERTY. As used in this PWS, means Government furnished property on loan to TSC customers for their direct use. It includes expendable supplies and materiel; personal property; and special tooling, as defined in this section. It does not include real property as defined in this section.

C.2.1.24. TSC USING PROPERTY. As used in this PWS, means Government furnished property made available to the Contractor for use in the performance of work on this contract. It includes expendable supplies and materiel; real property; personal property; and special tooling as defined in this section.

SECTION C-3

GOVERNMENT—FURNISHED PROPERTY AND SERVICES

C.3.1. GENERAL INFORMATION. The Government will provide the property and services listed below. The Contractor shall not use property or services provided by the Government for any purposes other than in the performance of this contract. All requests for Government Furnished property and services shall be approved by the KO.

C.3.2. GOVERNMENT-FURNISHED PROPERTY

C.3.2.1. The Government will furnish or make available office and/or work space in the facilities detailed in Technical Exhibit A Facilities Maps and Drawings in an ”as is” condition to support daily TSC support. Building 229 shall be shared with the Government staff. Building 19036 shall be shared with the Multiple Integrated Laser Engagement System (MILES) Contractor Logistics Support Activity (CLS). Shared facilities will not be hand-receipted to the Contractor. .

C.3.2.2. INVENTORY - GOVERNMENT-FURNISHED PROPERTY. The Government will make available, after contract start date, Government furnished TSC Lending Property, TSC Using Property, Confidential Documents and Material for inventory. The Contractor shall establish and maintain all Government property accountability. A joint physical inventory of GFP will be conducted by the PBO, the property administrator, and the contractor prior to the beginning of the contract period. After resolution of any inventory differences, the incoming Contractor shall accept the Government-Furnished Property. The results of the inventory will be incorporated into the contract by modification as the starting inventory. If either of the Contractors does not participate in the inventory, the inventory results provided by the Government will be deemed acceptable and final and incorporated into the contract. The Contractor shall provide personnel, management and all other supplies needed to complete all the necessary inventories of Government-Furnished Property, IAW paragraph C-3.2.2 of this PWS, within 30 days after contract start date.

C.3.2.2.1. After contract start date and at the end of the current contract, the incumbent Contractor, the KO and the incoming Contractor shall conduct and complete an inventory of all government-furnished property (TSC Lending Property and TSC Using Property).