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W911SA19Q3019
Section SF 1449 - CONTINUATION SHEET
SUPPLEMENTAL INFORMATION
1. In accordance with FAR 52.232-18; Availability of Fund: FY19 funds are not presently available for this solicitation and resultant contract.
2. Non-Personal Service to provide all labor, transportation, equipment, materials, supervision and other items or services necessary to perform Splash Pad Maintenance Services at Fort Hunter Liggett, CA; in accordance with the performance work statement and the terms and conditions of the solicitation and resultant contract. The contractor will furnish all supplies necessary to fulfill the Performance Work Statement.
3. The period of performance is 15 March 2019 (or subsequent date) through 14 March 2020 with four (4) options period and one six month option to extend services.
4. Place of Performance Bradly Park Fort Hunter Liggett, CA
5. ALL DISCOURSE CONCERNING THIS SOLICITATION AND ITS REQUIREMENT SHALL BE DIRECTED TO THE FORT MCCOY CONTRACTING OFFICE. ANY REMARKS, EXPLANATIONS, OR ANSWERS PROVIDED BY ANY OTHER GOVERNMENT REPRESENTATIVE SHALL NOT CHANGE OR QUALIFY ANY OF THE TERMS OR CONDITIONS OF THE SOLICITATION. THE SOLICITATION SHALL ONLY BE CHANGED BY A WRITTEN AMENDMENT ISSUED BY THE FORT MCCOY CONTRACTING OFFICE.
6. 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.org/work_with_us/procurement.html.
7. An Award for this requirement will be made pursuant to FAR 13.5, Simplified Procedure for Certain Commercial Items.
8. This procurement is unrestricted under NAICS code 561790 with a size standard of $7.5 Million.
9. This requirement is eligible for payment through the GFEBS Supplier Self-Services (SUS) Program. Information on this program can be found in Attachment 3 “SUS Trifold.” Please indicate if you will participate in this program, if your company receives award.
Yes___________ No ___________
10. Site Visit
*** A Site Visit will be held Thursday, 14 March 2019 at 10 AM PST at Facility 31 Army Family Housing, Bradley Park, Fort Hunter Liggett, CA 93928. ***
There is an access controlled gate, all must have a valid ID/Drivers License. Registration is NOT needed for the site visit. Attendance at the site visit is not mandatory to submit a quote on this RFQ.
For Site Visit information, see Site Visit Clause 52.237-1. Unless you already have 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 site visit are cautioned that the Government will not wait for anyone who is lost or late and will not hold another site visit. Remarks, explanations, answers provided by the Government representative before, during or after site visits will not change or qualify any of the terms and conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort McCoy Contracting Office.
11. Quotes shall be submitted via email to Jana Knapp, email: jana.l.knapp.civ@mail.mil Quotes shall include a signed copy of the SF 1449 fully completed and priced CLINS, and signed copies of any amendments.
12. Quotes are due to the Government on or before the time listed above in CENTRAL TIME.
13. 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.
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.
Contracting Officer: TBD at time of award.
Contracting Officer’s Representative (COR): To Be Determined at the time of Award.
15. Written questions must be furnished to the Government no later March 18, 2019 @ 2:00pm. (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.
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. DUNS NUMBER ______________________________.
18. TAXPAYER ID #______________________________.
19. CAGE CODE: ____________________________.
20. 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 561790, 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 561790, 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.
21. 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.
22. 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.
23. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf.
24. 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.
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. INFORMATION FOR EVALUATION
This section supplements clause 52.212-1 and 52.212-2 which is included elsewhere in this request for quotes. The Government intends to evaluate offer 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.
TECHNICAL FACTOR:
Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below. Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.
| ADJECTIVAL RATING |
| DEFINITION |
| Acceptable (A) |
| Quote clearly meets the minimum requirements of the solicitation. |
| Unacceptable (U) |
| Quote does not clearly meet the minimum requirements of the solicitation. |
| TECHNICAL CRITERIA |
| A or U |
The offeror has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).
In accordance with FAR 42.15, the offeror does not have any Past Performance rated at “Marginal” or “Unsatisfactory”.
| PRICE FACTOR: | |
| Submission Instructions – Offeror shall submit a fully completed SF 1449, Pricing Schedule, or acceptable | alternative as identified in 52.212-1 or elsewhere in the RFQ. |
The agreed upon items and quantities will be multiplied times their respective unit prices found in the RFQ.
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 must determine, in the schedule, CLIN(s) X003, to price or not separately price the CMRA requirement. CLIN(s) X003 shall be the CLIN(s) under which the Contractor shall bill for all costs associated with the eCMRA requirement.
Evaluation – Price will not be assigned an adjectival rating; and will be evaluated to determine if the offeror quoted price is fair, reasonable, and balanced. The government may determine that an offer is unacceptable if prices are significantly unbalanced. Price shall be evaluated at estimated quantities multiplied times their respective unit price.
Unrealistically Low Prices: Prices quoted may be reviewed to determine whether they reflect a lack of technical understanding of the requirements and to assess the risk inherent in an offeror’s quoted prices. Unrealistically low quoted prices, initially or subsequently, may be grounds for rejection for this solicitation.
Unbalanced Pricing: Offeror is cautioned against submitting quote that contains unbalance pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Quotes that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.
As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance of period.
27. 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.
28. CONTRACT PERFORMANCE:
a. 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.
b. Assessment Period. Performance Assessment Reports (PAR) 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.).
c. Completion Due Date. The government will complete the PAR within 60 days after the end of the assessment rating period.
d. Evaluators. The Contracting Officer and the Contracting Officer’s Representative will jointly complete the performance assessment.
e. Contracts Performance Elements. The contractor’s performance shall be assessed in accordance with elements and rating system set forth in AFARS Subpart 42.
f. Contractor Review. The Contracting Officer will furnish a copy of the PAR to the contractor requesting that the contractor submit comments, rebutting statements, 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.
g. Contract Concurrence. Where a contractor concurs with, or takes no exception to a PAR, such report shall be considered final and releasable for use in source selection and other deliberative purposes.
h. 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 PAR.
i. Resolving Disagreements between the Government and the Contractor. In the event disagreements between the parties regarding the PAR occur, the Contracting Officer will review the rebuttal and make appropriate changes. If no agreement is reached, the PAR 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 PAR and the contractor’s response and review comments, if any, shall be retained as part of the evaluation.
j. 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).
k. Source Selection Information. Departments and agencies will electronically access the PAR information to support future award decisions.
29. 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.
30. Hours of Operation: The Contractor shall normally perform work during normal duty hours, 7:30am to 4:00pm. Arrangements for work performed during other than normal duty hours shall be made with the COR.
31. Federal Holidays are as follows:
| 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 |
When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the proceeding Friday is observed as a holiday by U.S. Government Agencies. Any other Congressional or Presidential imposed Federal Holiday.
If the Contractor for his convenience desires to perform work during other than normal working hours or on other than normal work days, or if the Contractor is required to perform work at such times, the Contractor shall reimburse the Government for any additional expense occasioned the Government, thereby, such as, but not limited to, overtime pay for Government Inspectors, utilities service, etc.
Unless otherwise specified in these provisions, services will be performed during normal duty hours.
When required services occur on holidays, work will be performed on either the previous or the following work day, unless specified otherwise.
32. 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.
33. In accordance with FAR 52.222-42, 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 5332.
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Swimming Pool Operator |
| WG-8 |
34. ATTACHMENTS:
Attachment 1 – AT OPSEC Attachment 2 - Drawings Attachment 3 – SUS Trifold Attachment 4- Service Performance Checklist
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
Version 1.0; 15 February 2019
SPLASH PAD MAINTENANCE & SERVICE
PART 1
GENERAL INFORMATION
1. General: This is a non-personnel services contract to provide maintenance and operational services as defined in this Performance Work Statement (PWS) for the Splash Pad at US. Army Garrison Fort Hunter Liggett located at facility 31 Army Family Housing, Bradley Park, Fort Hunter Liggett, and CA 93928. The Government will 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: Contractor shall perform a daily, weekly, monthly and annual preventive maintenance on all equipment during the Splash Pad open and off season to meet manufacturer standards. All service and repair work shall be performed in accordance with best commercial practices. The active performance period is March 15th through October 31st. The non-active performance period will be from November 1st through March 14th. The Open Season begins 1st of May and continues through 31st October. Off season begins 01 November and continues through 30 April. To ensure operability by 01 May, work may begin to open the splash pad after 15 March, keeping in mind that freezing can occur in April.
In addition, Contractor shall furnish all personnel, labor, equipment, supplies, chemicals (acid and chlorine), transportation, tools, parts, materials, supervision, and other items and non-personal services necessary to perform maintenance and operational services as defined in the Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards and in accordance with manufacturer’s specification in this contract.
1.2 Background: Us. Army Garrison Fort Hunter Liggett Army Family Housing renovated Bradley Park in 2009 to create a community park for the residents for everyday use and family events. As part of the renovation, a Splash Pad was design and installed. The Splash Pad is water system that provides a water recreational aquatic equipment.
1.3 Objectives: The requirements of the contract are to ensure maintenance services to the Splash Pad system, and ensuring the system is functioning properly for day to day operations. The performance of the services contract shall include, but not limited to preventive maintenance, maintaining chemical balance, and minor repairs as defined in the PWS.
1.4 Scope: The Contractor shall provide all labor, personnel, equipment, tools, chemicals, supplies, transportation, materials, supervision, and other items or services necessary to meet manufacturer standards as defined in this PWS. All service and repair work shall be performed in accordance with the PWS and the technical exhibits (T.E.s). During performance of the contract the Government reserves the right to add or delete facilities and/or the level of services required. A modification to the contract will be executed to incorporate these changes. Note that any drawings or maps provided to the Contractor, either before or after the contract is awarded, are for reference purposes only and may not be to scale. It is the sole responsibility of the Contractor to determine or verify the actual site conditions.
1.5 Period of Performance: The period of performance shall be for one (1) Base Period and four (4) 12-month option periods. The active performance period is March 15th through October 31st. The non-active performance period will be from November 1st through March 14th. The Open Season begins 1st of May and continues through 31st October. Off season begins 01 November and continues through 30 April. To ensure operability by 01 May, work may begin to open the splash pad after 15 March, keeping in mind that freezing can occur in April.
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 Inspection Requirements). 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 Contracting Officer Representative (COR) will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document focused on what the COR must do to assure that the contractor has performed in accordance with the performance requirements within this PWS.
1.6.2.1 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 non-conformance report (NCR) from the COR or Contracting Officer (KO). Non-conformance shall be classified in one of three categories:
1.6.2.1.1 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 corrective action (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.
1.6.2.1.2 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-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 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.
1.6.2.1.3 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.
1.6.2.2 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.
1.6.3 Performance Evaluation Meetings: The Contractor Point of Contact (POC) shall meet with the COR prior to start of the contract. However, meetings may be held whenever deficiencies are noted by the COR. A mutual effort shall be made to resolve all problems identified.
1.6.3.1 When the defects in services cannot be corrected by re-performance, the Government may: (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may: (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. "Services", as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.
1.6.4 Federal Government Holidays: Except as noted in the PWS, work shall not be performed on the following holidays or on holidays observed in lieu thereof.
| 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 |
1.6.5 Unforeseen Installation Closures: When the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closing; the Contractor will be notified by the COR of an installation closure. 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. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Government shall have the following options:
1.6.5.1 To require the Contractor to perform the work on the following day unless the following day is a Saturday or Sunday and routine work is not scheduled for Saturday or Sunday.
1.6.5.2 To reschedule the work on any day satisfactory to both parties.
1.6.5.3 Hours of Operation: The Contractor shall normally perform work during normal duty hours, 7:00a.m. to 4:00p.m. Periodic work, such as chemical checks and addressing system alarms may be performed other than normal duty hours. Arrangements for work performed during other than normal duty hours shall be made with the COR or Designated Representative (DR).
1.6.6 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.
1.6.6.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, 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.
1.6.6.2 The Contractor may be required to replace, re-key, or reimburse the Government for replacement of locks or re-keying as a result of Contractor losing keys. 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.
1.6.6.3 The Contractor shall report the occurrences of a lost key immediately to the COR no later than the next business day.
1.6.6.4 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.
1.6.6.5 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.
1.6.7 Conservation of Utilities: The Contractor shall be directly responsible for instructing employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include but shall not necessarily be limited to:
1.6.7.1 Lights shall be used only in areas where and at the time when work is actually being performed.
1.6.7.2 Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by contracted workers.
1.6.7.3 Water valves shall be turned off during non-operating months November 1st through March 14th.
1.6.7.4 Government telephones shall be used by Contractor employees only for emergencies.
1.6.8 Damages Caused by the Contractor: The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, program system, equipment or grounds caused by the Contractor or his employees. The Contractor shall instruct his employees to immediately inform the COR of any damages to property resulting from the performance of their duties.
1.6.9 Parking for Contractor’s Employees & Contractor Vehicles: Contractor employees shall park their personal and Contractor’s vehicles during the times and in the area designated by the COR or DR.
1.6.10 Emergency Services. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the COR within 30 minutes of the incident. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.
1.6.11 Circumstances to Be Reported: The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility and play equipment which may affect the performance of the work, present unhealthy or hazardous conditions, or create any delays or interference with the work caused by the employees of the Government. Such report shall be made immediately upon discovery by the Contractor to the COR or DR.
1.6.12 Environment and OSHA. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state, and Federal laws, rules and regulations, and compliance with the requirement of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but no limited to, fire, or large fuel spill, the contractor shall immediately notify the KO or COR.
1.6.12.1 Hazardous Materials: The Contractor shall provide and post an inventory listing of all hazardous materials used and stored onsite. Safety Data Sheets (SDS) will be maintained in the same location as stored for materials and chemicals. It is the Contractor’s responsibility to properly train his personnel on the existence and safe use and storage of hazardous materials. When readily available the Contractor shall use environmentally safe products in the performance of the contract. Products containing chlorofluorocarbons shall not be used. The Contractor shall be responsible for the proper disposal of acid, chlorine and containers.
1.6.12.2 Green Procurement. In order to comply with the green procurement requirements of Section 6002 of the Resource Conservation and Recovery Act of 1976 (RCRA) and Executive Order 13423, the Government requires the use of recycled and recovered materials and products identified in the Environmental Protection Agency's (EPA) Comprehensive Procurement Guidelines. These materials and products must meet the requirements of the Performance Work Statement (PWS), must not delay the progress of work, must be available from more than one source, and must not be cost prohibitive. EPA guideline items are seen as the minimum that should be considered when evaluating recyclable materials. Other materials and products not listed, but commonly used in industry outside of the Government, should also be considered. Material and product submittals for all recycled-content items should list the recycled and recovered materials used and the percentage content. The Contractor shall track the purchase, quantities, and the percent of recyclable content for these materials throughout the life of the contract. The Contractor shall consolidate and provide this information to the COR in quarterly reports. The Contractor shall annually submit a summary report of certification and estimate as required by FAR 52.223-9, title, Certification and Estimate of Percentage of Recovery Material Content for EPA Designated Items, upon completion of the base year and each follow-on year, until completion of the contract to the COR. The quarterly and annual reports shall be sent to the COR. The intended end use of the item, materials with recovered materials content, at levels recommended by the EPA's CPG is found at website; http://www.epa.gov/cpg/products.
1.6.12.3 Supplies-Solutions. All solutions, chemicals and other potentially dangerous products must be stored in their original, labeled container in a locked storage or closet that is inaccessible to children and kept out of children’s reach at all times. Supplies/Solutions shall be stored in designated areas. COR or Designated Representative a place for chemical storage at the start of the contract.
1.6.13 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, COR, or DR, 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.
1.6.14 Contracting Officer Representative (COR): The COR will be identified by separate letter and within the Supplemental Information of the contract. 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 notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property. 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.
1.6.15 Key Personnel: The following personnel are considered key personnel by the Government: designated Point of Contact (POC) and an alternate POC. The Contractor shall provide a designated POC and an alternate, 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 KO and 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 7:00 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(s) and alternates shall be able to read, write, speak, and understand English.
1.6.15.1 The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 4:30p.m, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.
1.6.15.2 The POC or their alternate shall meet with COR to discuss immediate problems areas. The POC shall respond by phone or email to the COR within two (2) hours after notification of deficiencies and correct the deficiency(s) the next business day. The Contractor shall provide the telephone number and email of the POC to the COR.
1.6.16 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a recent color photo of the employee, prior to them entering Government facilities. 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) employee 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. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the COR prior to the listed employees entering Government facilities 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.
16.16.1 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. Contractor employees shall comply with all DoD and local requirements that establish uniform policies governing smoking in and around Government Owned buildings and vehicles. 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 being 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 installation.
16.16.2
1.6.17 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or Subcontractor employees.
1.6.17.1 Non-personal services. The FAR provides that each contract arrangement be judged in the light of its own facts and circumstances, with the key question always being whether the Government will exercise relatively continuous supervision and control over the Contractor personnel performing the contract. To ensure that services provided under this contract are non-personal in nature, employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the Contractor. The Government will notify the Contractor’s management of all tasks that require completion and the Contractor’s management will assign those tasks to the appropriate Contractor personnel under this contract. The Contractor's management shall ensure that employees comply with the performance standards outlined in this PWS and as required by the contracting officer or the contracting officer's representative (COR). Contractor employees shall perform independent of and without the supervision of any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of completed work and tasks.
1.6.17.2 Subcontract Management. N/A
1.6.17.3 Contractor and…
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