W911SA-20-Q-3062 Railroad Inspect Maint. Ft. McCoy Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W911SA20Q3062 02-Mar-2020

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 20 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SA9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHANNON A BAKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011433967

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FT MCCOY

BLDG 1108 SOUTH R ST

FORT MCCOY WI 54656-5153

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W5CD3E 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS

DIRECTORATE OF PUBLIC WORKS

2171 SOUTH 8TH AVE

FORT MCCOY WI 54656

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

488210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF80

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911SA20Q3062

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. An Award for this requirement will be made pursuant to FAR 13.5, Simplified Procedures for Certain Commercial Items.

2. Quotes shall be email emailed to shannon.a.baker2.civ@mail.mil. Quotes are due to the Government on or before the time listed above in central time. Offeror shall submit a signed SF 1449, completed information from the supplemental section and a completed Price Schedule (if applicable).

3. Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

4. Site visit: ***A site visit will be held at 2171 South 8th Ave Fort McCoy, WI 54656-5142 on Thursday, 12 March 2020 at the 10:00 A.M Central Standard Time (CST).

The POC for the solicitation is Shannon Baker, phone: 608-388-2218, email:

shannon.a.baker2.civ@mail.mil

For Site Visit information, see Site Visit clause 52.237-1. Unless you already have a permanent vehicle pass, you will be required to obtain a one-day vehicle pass. You will be required to present the following information: (1) vehicle registration, (2) valid driver’s license, (3) or car rental agreement (if applicable).

Attendees at the pre-proposal conference/site visit are cautioned that the Government will not wait for anyone who is late or lost and will not hold another pre-proposal conference/site visit. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort McCoy Contracting Office.

5. Written questions must be furnished to the Government no later 16 March 2020 @ 10:00 A.M. CST; in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, offerors are advised to submit questions as soon as possible. Please provide your company name, telephone, point of contact, e-mail address, and solicitation number on all questions. The Government will respond to questions via the issuance of an amendment which incorporates the question and the Government’s response.

6. DUNS NUMBER ______________________________.

7. TAXPAYER ID #______________________________.

8. CAGE CODE __________________________________.

9. This requirement is eligible for payment through the GFEBS Supplier Self-Services (SUS) Program.

Information on this program can be found in the SUS Attachment. Please indicate if you will participate in this program, if your company receives award.

Yes___________ No ___________

10. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

a. A DUNS number is required for SAM registration. If your company does not have a DUNS #, obtain one by calling 800-333-0505.

b. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 488210, or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

c. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 488210, or a NAICS of similar business size, under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful actively registered offeror.

11. Contract Administrator: TBD at time of award.

If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

12. Contracting Officer: TBD at time of award.

13. Contracting Officer’s Representative (COR): To Be Determined at the time of Award.

14. The Government intends to evaluate offers and award a contract without discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest and waive informalities and minor irregularities in offers received.

15. As part of its proposal, the offeror must provide the estimated total cost (if any) incurred to comply with the enterprise Contractor Manpower Reporting Application (eCMRA) requirement. Offeror will determine to price or not separately price the CMRA requirement. CMR CLIN(s) is the CLIN(s) under which the Contractor shall bill for all costs associated with the CMRA requirement.

16. Postaward Conference: In the event the Contracting Officer decides to conduct a Postaward Conference in accordance with DFARS 242.5, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

17. ABILITYONE DESIGNATED ITEMS: In accordance with 52.208-9, contractors are referred to the web site of the Committee for Purchase from People Who Are Blind or Severely Disabled, the independent federal agency that administers the AbilityOne (formerly Javits-Wagner-O'Day or JWOD) Program for the lists of designated products and services http://abilityone.gov/procurement_list/product_buy.html.

18. Offeror representations and certifications requirement: Prospective contractors who have not completed electronic annual representations and certifications at http://www.sam.gov/ in conjunction with required registration in the System for Award Management (SAM) database, shall complete and submit FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items and DFARS Representations and Certifications in SAM to be eligible to receive an award for this solicitation.

19. In accordance with FAR 52.223-2, Affirmative Procurement of Bio-based Products under Services and Construction Contracts, contractors are required to submit annual bio-based reports to the reporting module in the System for Award Management (SAM) at https://www.sam.gov.

20. If an offer is based on a teaming/partnering relationship or a joint venture, the offeror shall provide, with the proposal, all required solicitation information for all parties including a copy of the teaming/partnering or joint venture agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering or joint venture relationship.

21. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-

26(b)(3), is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf .

22. In accordance with FAR Clause 52.222-41(g), the contractor must notify each service employee working on this contract of the minimum wage and fringe benefits required to be paid pursuant to this contract, or shall post a copy of the wage determination and Department of Labor Form WH-1313 in a prominent place at the worksite. The applicable wage determination is incorporated into the contract. The WH-1313 poster is located at http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

23. Alternate disputes resolution: In furtherance of Federal policy and the Administrative Dispute Resolution

Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

24. Contract performance:

Purpose. IAW with FAR Subpart 42.1500 contractor past performance information (PPI) is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor's business-like concern for the interest of the customer. Contractor past performance information is one of the tools that support Army efforts to acquire best value and is used to evaluate performance risk in source selection. The feedback provided by the government to the contractor in collecting PPI, and the knowledge that PPI will be used in future source selection decisions, should result in improved performance and a greater contractor focus on customer satisfaction.

Contractor Performance Assessment Reports System (CPARS): CPARS shall be prepared IAW AFARS Subpart 42 upon physical completion of the contract. If the period of performance will exceed 18 months, an “interim” assessment report shall be prepared at the completion of 12 months performance and annually thereafter until the contract is physically complete. An out-of-cycle or “addendum” report may be prepared if there is a need to record an extraordinary event prior to the next regularly scheduled evaluation or if it is necessary to report a meaningful occurrence during the period between physical completion of the contract and contract closeout. Additionally, addendum reports may be prepared to record contractor’s performance relative to contract closeout and other administrative requirements (e.g.

final indirect cost proposals, technical data, etc.).

Completion Due Date. The government will complete the CPARS within 60 days after the end of the assessment rating period (if applicable).

Evaluators. The Contracting Officer and the Contracting Officer’s Representative will jointly complete the performance assessment.

Contracts Performance Elements. The contractor’s performance shall be assessed in accordance with elements and rating system set forth in AFARS Subpart 42.

Contractor Review. The Contracting Officer will furnish a copy of the CPARS to the contractor requesting that the contractor submit comments, rebutting statements, and/or additional information to the Contracting Officer within 30 calendar days of receipt. Failure to respond within the designated timeframe will be taken as agreement with the assessment.

Contract Concurrence. Where a contractor concurs with, or takes no exception to a CPARS, such report shall be considered final and releasable for use in source selection and other deliberative purposes.

Contractor Rebuttal. Where a contractor takes exception to a performance report, the Contracting Officer will review the contractor’s rebuttal or comments and make appropriate changes. If the Contracting Officer makes changes, the changed rating will be reflected in the narrative. The Contracting Officer will make all reasonable efforts to reconcile the report and the contractor’s comments. However, it is not necessary that they reach agreement on the report where such is clearly impracticable. The contractor’s rebuttal or comments shall be made part of the CPARS.

Resolving Disagreements between the Government and the Contractor. In the event disagreements between the parties regarding the CPARS occur, the Contracting Officer will review the rebuttal and make appropriate changes. If no agreement is reached, the CPARS is forwarded to the Reviewing Official (Director of Contracting) along with the Contracting Officer’s Findings and Recommendation and supporting documentation. The decision of the Reviewing Official is final. Copies of the CPARS and the contractor’s response and review comments, if any, shall be retained as part of the evaluation.

Release of Contractor Performance Evaluation Information. The evaluation will not be released to other than government personnel and the contractor whose performance is evaluated. The performance evaluation information will be input into the applicable module within Contractor Performance Assessment Reporting System (CPARS) database (or Government system in use at time of the evaluation).

Source Selection Information. Departments and agencies will electronically access the CPARS information to support future award decisions.

25. Required insurance:

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Workmen’s Compensation As required by state laws

Employer’s Liability Insurance $100,000 per accident General Liability Insurance - Bodily Injury Liability $500,000 per occurrence

Auto Liability Insurance $200,000 per person

Bodily Injury $500,000 per occurrence

Property Damage $20,000 per occurrence

Within ten (10) calendar days after contract award, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained.

26. Legal compliance: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

27. In accordance with FAR 52.222-42, In compliance with the Service Contract Labor Standards statute 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 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 5 332.

This Statement is for Information Only. It is not a Wage Determination.

Employee Class Monetary Wage -- Fringe Benefits 23470 -- Laborer WG-2 -- Step 2

PWS

PERFORMANCE WORK STATEMENT (PWS)

Directorate of Public Works (DPW)

Railroad Inspection and Preventive Maintenance Services Fort McCoy, Wisconsin

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide Railroad Inspection and Preventive Maintenance Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Railroad Inspection and Preventive Maintenance Services as defined in this Performance Work Statement (PWS), section five (5) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Fort McCoy is situated on approximately 60,000 acres in the Coulee Region of West Central Wisconsin. It is located on Hwy 21 between the cities of Sparta and Tomah. Fort McCoy’s primary mission is to underpin readiness of the Force by serving as a training center and support site for power projection missions. Fort McCoy has 8.13 miles of track, with train traffic transporting material, wheeled and tracked vehicle freight. Fort McCoy’s main line connects to the serving railroad Canadian Pacific. The Army Corps of Engineers performs an Internal Rail Defect Inspection every five (5) years, with the last inspection completed during September 2015. The Internal Rail Defect Inspection Report, dated December 2015, provided recommendations for rehabilitation repairs, where it is the intent of the Government to award a separate construction contract, to rectify sited defects.

1.3 Objective: The Department of Defense (DOD) railroad system is a critical asset for both peacetime and mobilization missions. The purpose of this contract is to protect investments and ensure that Fort McCoy’s track is inspected and reports produced, at the frequency prescribed by regulation, with preventive maintenance performed to PWS standards, to support mission requirements.

1.4 Scope: Attend and pass Army Railroad Track Maintenance and Inspection Course. Perform railroad inspection and preventive maintenance and produce inspection reports. Work outside the scope of this contract is:

a. Track rehabilitation projects.

b. Snow and ice removal.

c. Vegetation control.

d. Inspection and maintenance of electric/electromechanical grade crossing signals.

e. Cleaning track flange way at railroad crossings.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12 month option years and a six (6) month option to extend services.

1.6 General Information

1.6.1 Federal Observed Holidays:

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

1.6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0700 to 1630 hours Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.3 Type of Contract: The Government will award a Firm Fixed Price service contract.

1.6.4 Performance Requirements Summary (PRS) Description: Performance Requirements Summary will be used by the Government to inspect contractor’s performance. Government quality assurance surveillance of contractor performance is not limited to the task requirements as outlined in the PRS. The Government reserves the right to conduct surveillance of any contract requirement. The Government reserves the right to make adjustments to the performance standards with no corresponding adjustment to contract price, as approved by the Contracting Officer

(KO).

1.6.5 Quality Control: Quality Control is the responsibility of the contractor.

1.6.6 Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.6.1 Non-conforming Supplies or Services: When a contractor’s performance does not meet contract requirements and/or approved work schedules and/or timeframes it is considered non-conformance. Non-conformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III (Critical).

The Government may re-inspect work designated for re-performance or late performance.

1.6.6.2 Level I (Minor) non-conformance: is defined as a non-conformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the Contracting Officer’s Representative (COR) to the contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the KO.

1.6.6.3 Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformance’s shall result in the issuance of a written Non-conformance Report (NCR) from the KO to the contractor requiring the development of a Corrective Action Plan (CAP) by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.6.4 Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II NCRs; or is for a non-responsive contractor to a level II NCR. Critical non-conformances shall result in the issuance of a written NCR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, corrective action (CA) for the root cause, CA for the specific non-conformance and the date CA will be completed.

1.6.6.5 Inspection Results: The contractor will be notified of Government inspection results. The contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, notification to the contractor will be made by E-mail.

1.6.7 Access and General Protection/Security Policy and Procedures. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, Headquarters, Department of the Army (HQDA), and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

The contractor shall also provide all information required on the Fort McCoy form 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a NCIC-III Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An un-favorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors must process all Fort McCoy forms 451 and 452 (TL1 and TL2) through their Government sponsor (this is usually the COR) 2 weeks in advance of quarterly and annual inspections.

Information required for Criminal History Check

• Full Name, Including middle name(s)

• Sex

• Date of Birth

• Driver’s License information

• Issuing State

• Beginning and End date

• Access Hours

• Work location

• Company Name

• Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794

1.6.7.1 Antiterrorism (AT) Level 1 Awareness Training: For contractor employees with an area of performance as defined by Fort McCoy Pamphlet 190-13.8 (Installation Access Control) or when deemed applicable by the Anti- Terrorism Officer (ATO) - All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date All new employee will be required to complete the training before access will be granted. The contractor shall electronically submit certificates of completion for each contractor employee and subcontractor employee to the COR within 30 calendar days after completion of training. AT Level I awareness training is available at https://jkodirect.jten.mil. AT Level 1 Training can also be coordinated with the Fort McCoy Installation ATO at (608) 388-4719. This is an annual requirement.

1.6.7.2 Operations Security Awareness Training for Contractors: For contractor employees with an area of performance as defined by Fort McCoy Pamphlet 190-13.8 (Installation Access Control) or when deemed applicable by the Operations Security Program Manager or alternate - Per AR 530-1, Operations Security, all contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete OPSEC Level I training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. All new employee will be required to complete the training before access will be granted. The contractor shall electronically submit certificates of completion for each contractor employee and subcontractor employee to the COR within 30 calendar days after completion of training. Training is available at https://securityawareness.usalearning.gov/opsec/index.htm. .

1.6.7.3 iWATCH Training: For contractor employees with an area of performance as defined by Fort McCoy Pamphlet 190-13.8 (Installation Access Control) or when deemed applicable by the ATO - The contractor and all associated subcontractors shall be briefed on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This power point training shall be completed within 30 calendar days of contract performance start date and within 30 calendar days of new employees’ commencing performance. The contractor shall electronically submit attendance rosters for each contractor employee and subcontractor employee to the COR within 30 calendar days after completion of training.

This is an annual requirement

1.6.7.4 Identification of Contractor Employees: The contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge prior to commencement of work, which includes at a minimum, the Company Name, Employee Name, issue and expiration dates, and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. Within 24 hours upon completion of the contract or employment termination, the contractor (to include subcontractors) shall be responsible for collection of ID Badges; destroy contractor issued ID cards and return Government facility access badges; and notify the KO in writing of any violation of the above. A listing of issued identification cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect contractor and Subcontractor personnel changes. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.7.5 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.7.5.1 Government and Personal Property: The contractor shall conduct work so that Government property, personnel and work areas shall be protected at all times from inconvenience, damage or injury. In the event of loss or damage of any nature, caused by contractor operations or employees, due to improper protection, precaution or safety measures, such damages shall be repaired or such property shall be replaced by the contractor at their expense. In the event the contractor does not satisfactorily repair or replace such damages, the Government reserves the right to make necessary correction and the contractor shall reimburse the Government for all labor and materials costs associated with repairs or replacement.

1.6.8 Special Qualifications: The Contractor shall provide a qualified track inspector, IAW Army Regulation 420-1 Army Facilities Management, Appendix L, Section II, paragraph L-4, which is available for view on the Internet.

The Contractor’s inspection personnel will be required to attend and pass the Army Railroad Track Maintenance and Inspection Course. The Government will authorize expenses for the Contractor to send two individuals for certification training. It is the Contractor’s responsibility to ensure they provide a certified inspector thereafter. The Installation Management Command (IMCOM) will fund the course tuition cost, but the Contractor will be responsible for paying for the salary of employee(s), travel, meals, lodging, and all other expenses. Classes are offered one time per year, where the class is 10 days long, with 2 days of travel. The course location is normally conducted at McAlester Army Ammunition Plant, OK. The Government will submit a nomination application for the contractor to attend the Army Certified Railroad Track Inspector Course, at the earliest possible opening. Upon completion of the course, the contractor shall submit, electronically, the Army Railroad Track Maintenance and Inspection Certification within 10 working days after course completion

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and/or COR shall meet periodically with the contractor to review the contractor's performance. At these meetings the KO and/or COR will apprise the Contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Meetings will be conducted telephonically or when the Contractor is at the Installation for scheduled inspections.

1.6.10 Contracting Officer’s Representative (COR): The Joint Appointment Module (JAM) (https://wawf.eb.mil/) for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the Government: Track Inspector(s) and Contract Manager. The name of the Track Inspector(s) and Contract Manager shall be designated in writing and delivered electronically to the COR within 15 calendar days of award of the contract. The Track Inspector and Contract Manager, shall be available from 0700 to 1630 Monday through Friday, except Federal holidays, and/or when the Government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.6.13 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The

Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the USAR Facilities.

1.6.14 Safety Plan: The contractor is solely responsible for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standard 29 CFR 1910, 1926, and the protection of their employees. The contractor shall establish and maintain a Safety Plan that delineates the processes and procedures the contractor shall use to prevent accidents and preserve the life and health of contractor and Government personnel. The Safety Plan shall be delivered, electronically, to the COR20 calendar days after contract award. The contractor shall be responsible for all damages to persons or property that occur as a result of the contractor’s fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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

1.6.17 Emergency Services

1.6.17.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the KO or COR, by phone call, within 30 minutes of the incident.

1.6.17.2 Security and Fire Protection: In case of emergency, dial 911 from any base phone. The Contractor may call the Fort McCoy Police at 388-2000 or Fire Department at 388-2508 for assistance while performing services and or requirements under this contract.

Emergency Medical Treatment: In the event of a severe emergency during hours of operation, call 911 for response and transport, if necessary, to an emergency medical facility. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment.

Part 2 Definitions, Acronyms, and Abbreviations

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.5 Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

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

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11 Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. The prime contractor is responsible for performance of all subcontractors.

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

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

(2) Theft:

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

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

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

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

2.1.15 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

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

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be…