W911SA-22-Q-3017 Tanker Purge Solicitation SF1449.docx

W911SA22Q3017

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. This requirement will be awarded as a firm fixed price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The Government reserves the right to order the maximum quantities and is only obligated to order the minimum guarantee. It is the unilateral right of the Government to exercise the option year(s) of this contract.

2. The guaranteed minimum for the base year is: six (6) steam purges for 501-2500 gallon tanks. There is not a minimum guarantee for the option periods. The first task order is estimated to start on or about 15 February 2022. The maximums for this contract are specified in the CLINS.

3. In accordance with FAR Clause 52.216-18 “Ordering” (Aug 2020).

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 February 2022 through 14 February 2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

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

5. Quotes shall be emailed to todd.a.dempsey.civ@army.mil. Quotes are due to the Government on or before the time listed above in central time. It is the contractor’s responsibility to ensure their quote is received by the due date and time. As an Addendum to FAR 52.212-1, contractor shall submit all items in accordance with the Supplemental Information by the solicitation closing date and time. Contractor shall submit a signed SF 1449, completed information from the supplemental section and a completed Price Schedule.

6. If a quote is based on a teaming/partnering relationship or a joint venture, the contractor shall provide, with the quote, 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.

7. This procurement is Set Aside as 100% Total Small Business NAICS Code 811310 with a size standard of $8.0 Million.

8. Period for acceptance of quotes. The contractor agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

9. Written questions must be furnished to the Government no later 18 January 2022@ 10:00am local time; 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, contractors 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.

10. DUNS NUMBER ______________________________.

11. TAXPAYER ID #______________________________.

12. CAGE CODE __________________________________.

13. 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.

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

1. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 811310, 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.

1. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 811310, 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 contractor.

1. Within the SAM Representations and Certifications, please ensure you company has selected that you wish to bid on, or currently hold Department of Defense (DoD) issued or DoD funded Contracts. The DFARS provisions in SAM must also be completed by solicitation closing date and time.

1. 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.

14. 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.

15. Contracting Officer: TBD at time of award.

16. Contracting Officer’s Representative (COR): TBD at the time of Award.

17. Ordering Officer’s Representative: To be determined at the time of award.

Work required under this contract shall be ordered by issuance of orders by designated Government activities. The activity shown in block 9 of the SF 1449 is authorized to issue orders.

18. ORDERING OFFICIAL/OFFICER

There will be a designated Ordering Official under this contract, authorized to make purchases up to their designated authority of $25,000, per single known requirement, against this IDIQ contract.

Orders under this threshold will not be issued on an individual Task Order FORM 1449, however, all requirements of the contract award, and all policies and procedures will be applicable to orders by the designated official.

The ordering officials will administer and be the main POC for all orders placed under their authority.

The names and contact information for these individuals will be included in the resultant contract.

The following describes the procedures to be used for ordering items under this contract by using the Federal Government-wide purchase card. This option to order by use of the Government-wide purchase card is strictly an alternative method of ordering by the Government and may be used in place of ordering by other order forms that comply with FAR 12.204. The Government reserves the right to unilaterally terminate the use of the credit card at any time.

All ordering officers may use the Government-wide purchase card, commonly referred to as the Government "credit card," as an alternative method of ordering and paying for purchases made under this contract. Purchase card orders are subject to all terms and conditions of this contract, unless otherwise stated in this provision or another provision or clause in this contract.

The purchase card is specifically designed for use by the Federal Government. The purchase card is like a typical commercial credit card. However, the authorization limitations of the purchase card are more specific, i.e., only for a particular contract, monthly limitations, certain categories of products or services, etc. The purchase card will be exclusively used for official Government purchases in accordance with the prices, terms, and conditions of this contract. The purchase card order limitation shall be $25,000. With respect to ordering authority, only designated Ordering Officers may use the purchase card as a means of purchasing items on this contract.

Credit limits for the purchase card for ordering officers is $25,000. These credit limits for the purchase card are the responsibility of the credit card holder and the approving office.

The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.

Invoices for orders placed by the ordering officer will be submitted directly to the ordering officer. However, use of WAWF to create and accept receiving reports is mandatory when the GPC is used as a method of payment against a contract. In order to ensure proper routing of contract transactions paid with the GPC, use the code "CRCARD" in the Pay Official/DoDAAC field. The contractor is required to generate a receiving report in WAWF, and the Government acceptor is required to accept the receiving report in WAWF. The Cardholder is required to verify that acceptance has occurred in WAWF prior to submitting the invoice to the Certifying Official for certification.

19. The Government intends to evaluate quotes and award a contract without discussions. Therefore, the contractor’s initial offer should contain the contractor’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 quotes if such action is in the public interest and waive informalities and minor irregularities in quotes received.

20. Service Contract Reporting (SCR): Contractors will report manpower data relating to the performance of service contracts into the system for Award Management (SAM) (https://sam.gov) consistent with existing service contract reporting requirement under the federal acquisition regulation subpart 4.17- Service Contracts Inventory. SAM will only enable reporting for entities with contract that meet the SCR threshold at FAR 4.1703. As part of its quote, the vendor must include the estimated total cost (if any) incurred to comply with the Service Contract Reporting requirement.

21. Postaward Conference: In the event the Contracting Officer decides to conduct a Postaward Conference in accordance with DFARS 242.5, the awardee 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.

22. 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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

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.

28. 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.

29. 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.

30. 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.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Tank Purge and Inspection Services 88th Readiness Division (RD)

ID, MT, UT, WA, WY

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide tank purge and inspection services for the 88th RD maintenance activities in the states of Idaho, Montana, Utah, Washington, and Wyoming. 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, tools, materials, supervision, and other items and non-personal services necessary to perform tank purge and inspection services for 88th RD maintenance activities as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The Army Reserves has assorted bulk transportation tanks of various sizes used for transportation and distribution of Class 3 flammable fluids. While the Department of Defense (DOD) is exempt from Department of Transportation (DOT) standards for tank purging and storing because the DOD does not conduct transportation in commerce, the DOD maintains its own standards for tank purging and storing. Any tank used for Class 3 flammable liquids being prepared for storage or changing liquids type must be purged. Some tanks, but not all must have an annual inspection certification as specified in the tank’s technical manual. The 88th RD maintains and stores these tanks for Army Reserve units in the northwest 19 state CONUS region. This region starts in Ohio and goes west to include Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Montana, Wyoming, Colorado, Idaho, Utah, Washington, and Oregon. The storage of tanks are throughout the region to meet Army Reserve unit needs. One of the few capabilities not held in these shops is the ability to properly purge, clean, inspect, and certify tanks for storage and changing liquid types.

1.3 Objectives: Obtain efficient and cost-effective tank purge and inspection services for the 88th RD in order to safely store, maintain, and utilize bulk transportation tanks.

1.4 Scope: Services performed under this contract primarily include tank purging and inspection in accordance with applicable Army technical manuals associated with the types of tanks being serviced. The Contractor shall accomplish tank maintenance to include parts and labor if approved by the Contract Officers Representative prior to work being accomplished.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) option years with a possible (6) month extension if exercised.

1.6 General Information

1.6.1 Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.212- 4, Contractor Terms and Conditions – Commercial Items). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the Contractor shall maintain an inspection system commensurate with commercial practices to ensure the Contractor only tenders for acceptance those items or services that conform to the requirements of this contract.

1.6.2 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 a Government only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS), the Government may reject the non-conforming service(s) and document the Contractor’s performance record accordingly. The Government may also issue a Non-Conformance Report (NCR) in which the Contractor will be required to respond with the development of a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance, and the date the CAs will be complete. The Government may also reduce the payment to the Contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred and/or may terminate this contract for cause.

1.6.3 Non-Conforming Services: When a Contractor’s performance is identified as unsatisfactory (e.g. does not meet contract PWS requirements and/or work schedules and/or timeframes) it is considered a non-conformance. The Contractor shall reply within the specified timeframe upon receipt of a NCR from the COR or Contracting Officer (KO). Non-conformance shall be classified in one of three categories:

1.6.3.1 Level I (Minor) Non-Conformance: is defined as a non-conformance that is a departure from established standards having little bearing on the effective use or operation of the services. Minor non-conformance usually can be corrected by the Contractor within a short timeframe, where no further CA response is necessary, and can be issued by the COR to the Contractor either through a verbal or written NCR. 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.

1.6.3.2 Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of services, or to materially reduce the usability of the services for their intended purpose, or it is a recurring Minor Non-Conformances, or a non- responsive Contractor indicating a trend or failure of the Contractor’s quality control. Major Non-Conformances shall result in the issuance of a written NCR from the KO to the Contractor requiring a response by the Contractor by a specified timeframe identifying the reasons for the unsatisfactory performance, corrective action(s) taken and date resolution has/will occur, and procedures to preclude recurrence of unsatisfactory performance. The KO may also reduce the payment to the Contractor in accordance with (IAW) the performance requirements summary (PRS), or reduce payment to reflect the value of the services performed if re-performance is not possible, or may have the identified non-conforming service performed and charge the Contractor for any related cost incurred.

1.6.3.3 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 services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected Level II NCR’s; or is for a non-responsive Contractor to a Level II NCR. Critical Non-Conformance’s shall result in the issuance of a written NCR from the KO to the Contractor requiring a response by the Contractor by a specified timeframe identifying the reasons for the unsatisfactory performance, corrective action(s) taken and date resolution has/will occur, and procedures to preclude recurrence of unsatisfactory performance. The KO may also reduce the payment to the Contractor IAW the PRS, or reduce payment to reflect the value of the services performed if re-performance is not possible, or may have the identified non-conforming service performed and charge the Contractor for any related cost incurred.

1.6.4 The Contractor will be notified of Government inspection results within 5 business days. The Contractor shall acknowledge receipt of the inspection results via email or letter within 2 business days. The Contractor may be notified of inspection results verbally or via email. 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, acceptance or rejection of work will be made on the basis of the initial inspection.

1.6.5 Federal Government Holidays: The Contractor is not required to perform services on any Federal holiday.

NOTE: If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a regular workday, routine services shall be rescheduled to ensure mission requirements are met.

1.6.6 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0730 and 1530 Monday thru 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. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.7 Place of Performance: The work to be performed under this contract may be completed at the requesting maintenance shop. The Contractor shall coordinate with the COR to determine if the requirement will be completed at the Government site or a Contractor facility within 50 miles of the requesting maintenance shop. The Government will be responsible for transportation within the 50 mile radius. The Government has already made the determinations for equipment identified at ECS-10/JBLM; and will require coordination with the COR to facilitate transport of equipment to the contractor within a 50 mile radius in order to comply with this location specific internal hazmat policies. Specific maintenance activity locations are defined in Attachment 1 - Maintenance Activity Locations with Tank Type and Quantities.

1.6.8 The Contractor shall remove all hazardous material generated from the purging of tanks from the site and dispose of in accordance with all legal, statutory, and environmental policy requirements.

1.6.9 The Contractor shall take all necessary precautions against accidental spills, equipment and procedural failures as well as possible contamination, regardless of work location.

1.6.10 Type of Contract: The Government will award a firm fixed, price, indefinite delivery indefinite quantity contract.

1.7 Antiterrorism (AT) and Operations Security (OPSEC)

1.7.1 AT Level I Training. All Contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date, new employee hire, or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 60 calendar days after completion of training by all employees and subcontractor personnel. AT Level I Awareness Training is available at the following website: http://jko.jten.mil.

1.7.1.1 Access and general protection/policy and procedures. The Contractor and all associated subcontractor employees shall provide all information required for background checks necessary to meet installation access requirements. These checks will be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. The Contractor and all associated subcontractors shall obtain background checks per paragraph 1.7.2.1 when unescorted access is required for employees without a CAC and associated background investigation. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. Contractor employees who will be entering Army-controlled installations or facilities and who do not possess a valid CAC, including subcontractor employees, must present a Federal personal identity verification card or authorized identification issued by state, or local governments. The Contractor shall request via the COR, a background check for all Contractor employees, including subcontractor employees, requiring unescorted access to Government facilities. Contractors shall use Fort McCoy Forms 451 and 452 in PDF format when requesting the background checks. The background checks must include a check of the National Crime Information Center Interstate Identification Index (NCIC-III) and, when available, Terrorist Screening Database (TSDB).

1.7.1.1.1 Upon contract award, the MICC will provide Fort McCoy Forms 451 and 452 to the Contractor POC in PDF format.

a. COR receives completed Fort McCoy Forms 451 and 452 from Contractor POC in PDF format. Note: No scanned documents will be accepted.

b. CORs will verify Forms 451 / 452 are properly completed.

c. Requesting Directorate will each appoint one COR POC to act as their representative to submit Forms 451 and 452 to Fort McCoy via authorized 88th RD POC.

d. Fort McCoy conducts the NCIC-III check, returns Form 452 to 88th RD POC who in turn provides back to the COR.

e. COR notifies the Contractor POC that personnel have been vetted and cleared for unescorted access to 88th RD facilities.

f. COR will forward Form 452 to designated government representative for unescorted Contractor access. Note: Form 452 can be used as a facility access roster.

1.7.1.1.2 If derogatory information is contained in the background check, unescorted access may be denied in accordance with Army Directive 2014-05 (Policy Implementation Procedures for Common Access Card Credentialing and Installation Access for Un-cleared Contractors).

a. COR will notify the 88th RD G34 of individuals who have been denied access.

b. 88th RD G34 will complete an Access Denial Letter and forward to COR along with an Access Control Denial Waiver Package.

c. COR provides Access Denial Letter and Access Control Denial Waiver Package to the Contractor POC.

1.7.2 In cases where an un-cleared Contractor employee, including any subcontractor employee, is denied access based on derogatory information, the individual may request a waiver.

a. Contractor POC informs the COR that employee desires to submit an Access Control Waiver Denial Application.

b. COR will forward the individual’s completed packet to the 88th RD G34 for review.

c. 88th RD G34 will review the Access Control Denial Waiver Application in consultation with the Fort McCoy Access Control NCIC-III POC.

d. 88th RD G34 provides a recommendation to 88th RD Senior Leadership.

e. 88th RD Senior Leadership, or designee, makes a final fitness determination.

f. 88th RD G34 will notify the COR of the final fitness determination.

g. If a waiver is granted, the 88th RD G34 will provide an Access Approval Letter to the COR. COR will then provide copy of the Access Approval Letter to the Contractor POC and the government representative for facility access and retain a copy for the COR’s files.

1.7.3 Individuals may be denied unescorted access if derogatory information includes, but is not limited to, the following:

a. The NCIC-III contains criminal information about the individual that causes the Senior Commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety of the installation.

b. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

c. The individual has a current arrest warrant in NCIC, regardless of the offense or violation.

d. The individual is currently barred from entry or access to a Federal installation or facility.

e. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

f. The individual has a U.S. conviction of espionage, sabotage, treason, terrorism, or murder.

g. The individual is a registered sex offender.

h. The individual has been convicted of a felony within the past 10 years, regardless of the offense or violation.

i. The individual has been convicted of a felony firearms or explosives violation.

j. The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.

k. The individual is identified in the Terrorist Screening Data Base (TSDB) as known to be suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity. When this capability becomes available to DoD, security personnel performing installation access control personnel will strictly follow the Federal Bureaus on Investigation’s published engagement protocols.

1.7.5. iWATCH Training. All Contractor employees, including subcontractor employees, will be briefed on the local iWATCH program (training standards provided by the requiring activity Anti- terrorism Officer (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. The Contractor shall coordinate with the COR to get the current copy of this training within 5 days of contract start. This training is to be completed within 30 calendar days of Award and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than 60 calendar days after award.

1.7.6. Activity Regulations for Contractor Access and Use of Premises

a. Follow all current Army Security Regulations concerning strict visitor control and preservation of all Government assets. Immediately report all security concerns to the COR, who will notify the Security Office.

b. The Contractor shall adhere to requirements as directed in Federal Acquisition Regulation – 52.222-54; Employment Eligibility Verification. Contractors shall be enrolled in the Department of Homeland Security E-Verify Program. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

c. The Contractor shall ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

d. The Contractor shall return within two business days all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR or Designated Representative (DR) when the contract is completed or when a Contractor employee no longer requires access to the installation or facility.

e. The Contractor shall comply with all personnel identity verification procedures. Employees must be accompanied by an authorized Government employee at all times while providing services in secure areas.

f. During Force Protection Conditions (FPCON) Charlie and Delta, services are discontinued and services shall resume when the FPCON level is reduced to level Bravo or lower.

1.8 Contracting Officer Representative (COR): 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; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including Government drawings, designs, and specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of Government furnished property; and provides 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.

1.9 Designated Point of Contact (POC) and an alternate Point of Contact: The Contractor shall provide a designated POC who shall be responsible for the competent performance of the work required under the specifications of this contract NLT 5 business days after contract award and as changes occur. The name and contact information of the POC and an alternate, who shall act for the Contractor when the POC is absent, shall be designated in writing to the COR. The POC or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The POC or alternate shall be available between 7:30 a.m. to 4:00 p.m. Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The POC and alternate shall be able to read, write, speak, and understand English.

1.9.1 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract.

1.10 Key Control: The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the Government are not lost, or misplaced, and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. NOTE: All references to keys include key cards. In the event keys, other than master keys, are lost or duplicated, the Contractor shall re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.10.1 The Contractor shall report the occurrences of a lost key immediately to the COR no later than the next business day.

1.10.2 It is the responsibility of the Contractor to prohibit the use of keys issued by the Government by any persons other than the Contractor’s employees. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.

1.10.3 Lock Combinations: the Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.11 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 Subpart 42.5, Post Award Orientation. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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. These meetings shall be at no additional cost to the Government.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 Definitions: As used throughout this PWS, the following terms shall have the meaning set forth below:

2.1.1 Business Day: Shall mean any day banking transactions can be conducted in New York City, NY, USA and does not include any day which is a Federal or state holiday in such location.

2.1.2 Contract Administrator. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.3 Contractor. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.4 Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government. Note: The KO is 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 KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. Note: This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Cultivated Areas. Any area of earth within the boundaries of the facility that has been improved or intentionally planted such as: mulched areas, flower beds, hedge rows, or parking lot green spaces.

2.1.7 Defective Service. A service output that does not meet the standard of performance associated with the PWS.

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

2.1.9 Designated Representative. A Government employee or Contractor employee performing duties in the position approved by the COR to assist the COR with duties such as coordinating schedules with Contractors to perform work at a facility, provide facility access to Contractors, and perform inspection of Contractor’s work and provide results of their inspections back to the COR, both orally and in writing. A DR does not have the authority to assign work to Contractors or discuss Contractor performance issues; but may discuss these issues with the COR for potential further action. The only individuals with the authority to discuss Contractor performance issues are warranted KOs and CORs specifically delegated this authority by a warranted KO via an appointment letter.

2.1.10 Government-Furnished Property (GFP), Government-Furnished Equipment (GFE), or Government-Furnished Facility (GFF). Property or area in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.11 His/Her. Wherever used in the PWS, the term “his” is meant to be synonymous with “her” unless otherwise stated. The same shall be true for him and her.

2.1.12 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.

2.1.13. Mechanically Remove (Vegetation). Means utilizing physical activity to remove or inhibit the growth of unwanted vegetation. Mechanical, or manual, vegetation control techniques manage vegetation populations through physical methods that remove, injure, kill, or make the growing conditions unfavorable. Some of these methods cause direct damage to unwanted vegetation through complete removal or causing a lethal injury. Other techniques, such as trimming to the height of desirable vegetation (generally grass or turf), may alter the growing environment by increasing the temperature of the soil and depriving the plants of carbon dioxide or oxygen. Mechanical control techniques shall be selective so as to have a minimal impact on non-targeted (desirable) vegetation.

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

2.1.15 Policing (of Facility). Means to remove loose or wind-blown litter, debris, dead tree branches, brush, and leaves from all readily accessible…