PWS_Roman_Catholic_Youth_Worker.pdf

PERFORMANCE WORK STATEMENT

Religious Support Roman Catholic Youth Minister

Garrison Chaplain Office Fort Hood, Texas

Table of Contents

SECTION PARA TITLE

C.1. General

C.1.1. Scope of Work C.1.2. Hours of Operation C.1.3. Personnel C.1.4. Vehicle Registration C.1.5. Interface with Government Operation C.1.6. Fraud, Waste, and Abuse C.1.7. Conservation of Utilities C.1.8. Fire Protection C.1.9. Accident Reporting C.1.10. Disclosure of Information C.1.11. Smoking

C.1.12. Safety C.1.13. Safety Standards C.1.14. Safeguard

C.2. Definitions / Acronyms

C.2.1. Definitions

C.3. Government Furnished Property (GFP) and Utilities

C.4. Contractor Furnished Items

C.4.1. Contractor Furnished Property C.5. Specific Tasks (Roman Catholic Youth Ministry)

C.6. Applicable Documents

C.6.1. General C.6.2. Abbreviations Associated With Publications C.6.3. Location of Publications and Forms C.6.4. Publications

C.7. Data Deliverables

SECTION C.1

GENERAL

C.1.1. SCOPE OF WORK. The contractor shall provide personnel, management, and services, not Government furnished, necessary to perform the various functions as defined in this work statement at Fort Hood, Texas.

C.1.1.1. WORK SITE. Contract work shall be performed primarily at Fort Hood, Texas which consists of the main cantonment, West Fort Hood and North Fort Hood areas. Fort Hood is located approximately 60 miles north of Austin and 50 miles south of Waco, Texas. The main cantonment area is approximately 20 miles west of Interstate Highway 35 at Belton, Texas, and adjacent to Killeen, Texas. West Fort Hood is immediately adjacent to the main cantonment and North Fort Hood is approximately 25 miles north of the main cantonment. Contract work shall also be performed in the surrounding local communities adjacent to Fort Hood, Texas.

C.1.2. HOURS OF OPERATION

C.1.2.1. NORMAL HOURS OF OPERATION. The contractor shall normally perform the services required under this contract between the hours of 0730 to 2130. Normal Duty Days or Workdays shall be Sunday to Sunday, excluding legal public holidays. No overtime is authorized under this contract. It is anticipated that the academic year will be approximately fifty-two weeks.

C.1.2.2. HOLIDAYS. The contractor performance shall not be required on the legal public holidays listed below. Holidays occurring on weekends shall be observed as directed by the published Army calendar. If religious holiday falls on federal holiday, some services might be required depending on service.

New Years Day 1 January Martin Luther King Jr.’s Birthday 3d Monday in January President’s Day 3d Monday in February Memorial Day Last Monday in May Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

C.1.3. PERSONNEL. The contractor shall provide a work force possessing the skills, knowledge, training and certification to satisfactorily perform the services required by this Contract. Personnel performing work under this Contract shall remain employees of the contractor, shall live on post or in the surrounding local communities adjacent to Fort Hood, Texas, and shall not be considered employees of the Government employee. The contractor shall replace all employees not conforming to the specifications of this contract or found non-suitable by the Government within ten business days of their dismissal. The contractor shall submit themselves and all volunteers for screening through the Garrison Volunteer Coordinator’s office.

The Garrison Chaplain’s Office representative, normally the Director of Religious Education, will oversee this process and maintain records of each staff member background check. The contractor shall not employ personnel that do not meet background check requirements.

C.1.3.1. 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 5500.7-R. The contractor shall identify all contract programs and services as being Garrison chapel programs and services and not the contractor's own organizational programs and services.

C.1.3.2. CONDUCT OF PERSONNEL. The Contracting Officer 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 Contracting Officer that such action is necessary in the interests of the Government. In accordance with Department of Defense (DOD) Joint Ethics Regulation (JER), DOD 5500.7-R and 18 U.S.C. 1382 (1972), 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.

C.1.3.3. SECURITY REQUIREMENTS. Contractor personnel or any representative of the contractor entering Fort Hood, Texas, shall abide by all security regulations and shall be subject to security checks. All personnel that will be working within and/ or around children will be required to have a background check according to DoD Directive 2014-23 and Army Regulations.

C.1.3.3.1. SEARCH AND SEIZURE. Contractor personnel and property shall be subject to search and seizure upon entering the confines of Fort Hood, Texas, while on Fort Hood, Texas, and upon leaving the confines of Fort Hood, Texas.

C.1.3.3.2. INSTALLATION ACCESS. The contractor shall be responsible for assuring all contractor personnel authorized to perform work under this contract obtain installation access as required as required by DOD Directive 4630.5. Government furnished identification shall be returned to the Government when the employee no longer performs work for the contractor under this contract.

C.1.3.4. PROGRAM MANAGER. As needed, the contractor shall designate a program manager to the Government for performance of all work under the contract. The program manager shall be responsible for overall management and coordination of the contract. The program manager is responsible to ensure the specifications of section all specificed tasks are met, oversee the performance and conduct of the contractor’s employees, attend meetings and produce reports as discussed in designated sections. It is not anticipated that the program manager shall solely conduct program management duties, but shall also be actively involved in the accomplishment of contract specification. It is anticipated that program manager hours shall be five percent of the total productive hours. The program manager shall be the contractor’s point of contact with the Government and shall have the authority to act or make decisions for the contractor on all matters pertaining to this contract.

C.1.3.4.1. ALTERNATE PROGRAM MANAGER. As needed, the contractor shall designate an alternate program manager who shall be authorized to act on behalf of the contractor in the absence of the program manager or when the program manager is not available.

C.1.3.4.2. CONTRACTOR PERSONNEL IDENTIFICATION. The contractor shall provide the name, address, and telephone numbers for the program manager and alternate program manager to the contracting officer and Garrison Chaplains Office within ten business days following contract award. The contractor shall verbally notify the contracting officer of changes as they occur and provide written changes not later than one business day after the effective date of the change.

C.1.3.4.3. EMPLOYEE TRAINING. Additional training may be provided by the Director of Religious Education as needed.

C.1.3.5. MINIMUM PERSONNEL QUALIFICATIONS. See specific task section.

C.1.4. VEHICLE REGISTRATION. Vehicles entering Fort Hood, Texas, shall have a valid state license and shall be registered with the Vehicle Registration Section of the Provost Marshall Office. Vehicles shall be registered prior to the commencement of contract work. State license and registration shall be maintained current during the time the vehicle is in use on this installation.

C.1.4.1. 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 FH Reg. 190-5, Fort Hood Traffic Code, 30 May 2006 regarding motor vehicle use on the installation.

C.1.5. 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.1.6. FRAUD, WASTE, AND ABUSE. The contractor shall be responsible for maintaining proper conduct and good discipline within contractor occupied work area(s). 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 to the Contracting Officer or the designated representative.

C.1.7. CONSERVATION OF UTILITIES. Contractor personnel shall practice utilities conservation and shall operate under conditions that preclude waste of government furnished utilities.

C.1.8. FIRE PROTECTION. The contractor shall comply with AR 420-90, Fire and Emergency Services, and FH 420-1, Fire and Emergency Services, for fire protection and fire prevention.

C.1.9. 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 385-40, Army Accident Investigation and Reporting.

C.1.10. DISCLOSURE OF INFORMATION. The contractor shall demonstrate strict confidentiality regarding persons interviewed, and other information relating to individuals participating in the any Garrison Chaplain program. The contractor shall not relate or provide sensitive information regarding persons, personal notes, or interview records to unauthorized persons without the written approval of the Contracting Officer.

C.1.11. TOBACCO USAGE. 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 Fort Hood.

C.1.12. SAFETY

C.1.13. SAFETY STANDARDS: The contractor and his employees shall comply with accepted industry safety standards and applicable safety precautions and guidelines at all times while performing work under this contract:

C.1.14. SAFEGUARD: The contractor shall safeguard and maintain all Government property as well as provide for the safety and well-being of personnel employed in the administration of this contract.

<END SECTION C.1 – GENERAL>

SECTION C.2

DEFINITIONS

C.2.1. DEFINITIONS

C.2.1.1. CONTRACT ADMINISTRATOR. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual, working in an appropriate contracting field, advises on all technical contractual manners.

C.2.1.2. CONTRACT DISCREPANCY. A failure of the contractor to perform in accordance with contract requirements and specifications. A contract discrepancy may result from a failure of the contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract standards.

C.2.1.3. CONTRACT DISCREPANCY REPORT (CDR). A report used to document unsatisfactory contractor performance. The CDR requires the contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem will be prevented in the future.

C.2.1.4. CONTRACTING OFFICER (KO). A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

C.2.1.5. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An individual designated in writing by the Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer.

C.2.1.6. CONTRACTOR. The contractor, its subsidiaries and affiliates, joint ventures involving the contractor, or any entity which the contractor may have merged or any individual or entity that assisted or advised the contractor in the preparation of a proposal under this solicitation.

C.2.1.7. DEFECT. Any nonconformance of service specified in Section C.5, Specific Tasks.

Any nonconformance of contractor employees. Any contractor employees found non-suitable by the Government and not replaced within ten business days.

C.2.1.8. GOVERNMENT FURNISHED PROPERTY (GFP). All equipment, goods, and land possessed by the Government and, subsequently, delivered or otherwise made available to the contractor.

<END SECTION C.2 – DEFINITIONS >

SECTION C.3

GOVERNMENT FURNISHED PROPERTY (GFP) AND UTILITIES

C.3. The Government will provide the following access to facilities, supplies and equipment for use in connection with this contract.

C.3.1. Chapel facilities in coordination with other Chapel scheduled activities to include classrooms for various programs with appropriate furnishings including tables and chairs.

C.3.2. Office equipment to include on-post and local telephone support for coordinating contract requirements and use of a copier and fax machine to successfully complete PWS requirements.

C.3.3. Storage facilities for storage of Government-provided, contractor managed teaching materials, supplies and equipment.

C.3.4. Limited use of Transportation Motor Pool (TMP) vehicles for the transportation of youth for specified events. Requests shall be made through the Garrison Chaplain's Office. All requests are subject to approval of the Garrison Chaplain and dependent upon availability of funding, vehicles and authorized drivers.

<END SECTION C.3 – GOVERNMENT FURNISHED PROPERTY (GFP) AND

UTILITIES >

SECTION C.4

CONTRACTOR FURNISHED ITEMS

C.4.1 CONTRACTOR FURNISHED PROPERTY. The contractor shall provide everything necessary to fulfill the requirements of the Contract.

<END SECTION C.4 – CONTRACTOR FURNISHED ITEMS >

SECTION C.5 – SPECIFIC TASKS

(ROMAN CATHOLIC YOUTH MINISTRY)

C.5.1. MINIMUM PERSONNEL QUALIFICATIONS. The contractor shall have a Bachelor’s Degree in any field from an accredited university. The contractor shall have a minimum of four years work experience with youth ministries, two years of which must include directing youth programs.

C.5.2. HIGH SCHOOL YOUTH. The contractor shall plan, prepare and conduct weekly Roman Catholic youth (high school age) faith formation activities. On average, the contractor shall spend two hour in preparation for each weekly program. These weekly faith formation activities will be conducted at Ft. Hood in a chapel or other community locations in coordination with appropriate agencies. These activities will include, among others, topics on spiritual growth, Scripture studies, application of Christian faith to daily life, and the importance of one’s contribution to the Roman Catholic faith community. These activities hopes to achieve in our Roman Catholic high school youth, among others, deeper appreciation of the faith, family and community as well as a deep sense of ownership and appreciation of the gifts of faith, family and community.

C.5.3. GARRISON LEVEL YOUTH EVENT. The contractor shall coordinate with the PEM (that is the Roman Catholic Pastor) and the Garrison Chaplain’s Office to fully participate in the conduct of an all-inclusive event for ft. Hood Youth Ministries.

C.5.4. SPECIAL EVENTS. The contractor shall plan, prepare and conduct special events normally consisting of movie-nights, lock-ins, bowling, or attending annual youth events in San Antonio and in Waco. On average, the contractor shall spend three hours of preparation for each event to include at times coordinating with the Catholic Youth offices of the Archdiocese for the Military Services and the Diocese of Austin.

C.5.5. HIGH SCHOOL RETREAT PROGRAMS. The contractor may plan, prepare and conduct retreat programs for high school students, for a minimum of three days duration each, during the academic school year. On average, the contractor shall spend three hours of preparation for each retreat event. 90 days prior to the event, the contractor shall provide to the PEM, for approval, a final program that will include the name of the project, project dates, project plan, and project objectives. The contractor shall provide a schedule of activities and study topics, objectives, and method of evaluating the program. The contractor shall submit an After Action Report to the Garrison Chaplain within five working days of the completion of the project.

C.5.6. MIDDLE SCHOOL YOUTH. The contractor may plan and implement additional programs for middle school aged children who have finished their CCE formation (and are already fully initiated) with the aim of introducing them to the high school age faith formation program.

SECTION C.6

APPLICABLE DOCUMENTS

C.6.1. GENERAL: Documents applicable to services to be performed under this work statement are listed below. Supplements, amendments, or revisions to documents may be issued during the term of the Contract, and shall be in full force and effective immediately upon receipt by the contractor or posting to the website. The contractor shall adhere to the requirements in these supplements, amendments, or revisions during the life of the contract pending negotiation. The contractor shall post and update publications, as applicable, as change notices are provided by the Government. Upon completion of this Contract, the contractor shall return to the Government all publications provided to the contractor by the Government.

C.6.2. ABBREVIATIONS ASSOCIATED WITH PUBLICATIONS.

The following abbreviations are related to the publications listed below:

AR – Army Regulation

FH – Fort Hood

C.6.3. LOCATION OF PUBLICATIONS AND FORMS. The contractor shall utilize the Internet to view and print electronic versions of required publications and Forms. See associated links at each site. Fort Hood publications can be accessed at http://phantomclerk.hood.army.mil .

C.6.4. PUBLICATIONS.

PUBLICATION TITLE DATE

ARMY REGULATIONS

AR 25-1 Army Information Management May 02 AR 25-400-2 Modern Army Record Keeping System Oct 01 AR 385-10 Army Safety Program Feb 00 AR 385-40 Accident Reporting and Records Nov 94 http://phantomclerk.hood.army.mil/

PUBLICATION TITLE DATE

AR 420-90 Fire and Emergency Services Sep 97

AR 600-63 Army Health Promotion May 07

FORT HOOD REGULATIONS & SUPPLEMENTS

FH Supplement to

AR 385-40

Accident Reporting and Records Jul 91

<END SECTION C.6 – APPLICABLE DOCUMENTS >

SECTION C.7

DATA DELIVERABLES

C.7. DATA DELIVERABLES. The contractor shall deliver the following data as indicated by the PWS above.

• Program Manager/Alternate (C.1.3.4.2) – Provide name, address, and telephone number for PM and alternate no less than 10 business days after award. Contractor shall report changes as they occur and provide written changes no later than 24 hours after effective date of the change.

• Vehicle Registration (C.1.4) – Contractor personnel shall return registration decals to the Vehicle Registration Section of the Provost Marshall’s Office within one business day after termination of completion of work under this Contract, when state license is no longer valid, and upon sale of the vehicle. Contractor personnel shall return visitor passes to the Vehicle Registration Section of the Provost Marshall’s Office immediately upon conclusion of the conduct of business authorized on the installation.

• Schedule. The contractor shall provide to the Garrison Chaplain a written schedule of all youth ministry activities at least ninety days prior to the events. Youth events will be cleared through the Garrison Religious Support Calendar and meet the programming needs for the local community.

• Reporting. Contractor shall submit monthly signed written reports on the quantity and effectiveness of services performed by item numbers listed in Paragraph C.5., Specific Tasks, on the 20th of each month to the Contracting Officer or their representative for review prior to submitting receiving report.

• Volunteer Training. The contractor shall provide volunteers with a written job description and training. One-time volunteers are exempt. The contractor shall submit a detailed volunteer development plan within 30 days of the start of the contract to the Garrison Chaplain.

<END SECTION C.7 – DATA DELIVERABLES >

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-FEB-2016 TO

31-JAN-2017

N/A HEADQUARTERS COMMAND - GARRISON

CH (MAJ) RICH WEST

GARRISON CHAPLIN OFFICE

BLDG 320 TANK DESTROYER BLVD

FORT HOOD TX 76544

254-286-6752 FOB: Destination

W9099J

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2007 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.000-4058 ALTERNATIVE DISPUTE RESOLUTION (ADR) NOTICE

In furtherance of Federal policy and the Alternative Dispute Resolution Act of 1990, ADR Act, Pub. L. 101-552, the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of the parties.

Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable in accordance with the authority and the requirements of the ADR Act.

CLAUSES INCORPORATED BY FULL TEXT

52.000-4087 ADMINISTRATIVE CONTRACTING OFFICE

After award, the Administrative Contracting Office for this acquisition will be:

Mission and Installation Contracting Command Enterprise and Installation Operations Fort Hood Directorate Of Contracting Contract Administration Division 1001 761st Tank Battalion Avenue, Room W103

Fort Hood, TX 76544-5025 Phone: (254) 287-3504

52.000-4132 AMC-LEVEL PROTEST PROGRAM (NOV 2008)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC- Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC- Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875

Packages sent by FedEx or UPS should be addressed to:

HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527

The AMC-Level Protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (4) [Removed].

___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (8)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

___(iii) Alternate II (OCT 2001) of 52.219-9.

___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

_X__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C.

632(a)(2)).

_X__ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X__ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X__ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X__ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_X__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

___(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

___ (ii) Alternate I (AUG 2007) of 52.222-50.

___ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

___ (28) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_X__ (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

__X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.

13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days ;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Educational Technologist $22.34 plus 29.1%

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 28 Feb 10 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 28 Feb 10, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR

2008)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(2) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(3) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C. 637 note).

(4) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O.

10582).

(5) _X__ 252.225-7012, Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C. 2533a).

(6) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(7) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(8) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(9) ___ 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(10) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(11) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(12)(i) _X__ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(13) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(14) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(15) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(16) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(17) ___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227).

(18) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(19) _X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(20)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ___ Alternate II (MAR 2000) of 252.247-7023.

(iv) ___ Alternate III (MAY 2002) of 252.247-7023.

(21) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7007 LIMITATION OF GOVERNMENT’S OBLIGATION (MAY 2006) - ALTERNATE I (MAY

2006)

(a) Contract line item 0001 is incrementally funded. The sum of $20,400.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is contained in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any costs for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimate date when that point will be reached and

(2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (I) of this clause, or to a mutually agreed upon substitute date.

The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotment by the date identified in the Contractor’s notified, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitle “TERMINATION FOR THE CONVENIENCE OF THE

GOVERNMENT”.

(d) additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitle “disputes.”

(f)The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds…