W911SD-23-R-0073 Solicitation D.FINAL Billeting FY 2023.pdf

SEE ADDENDUM

(No Collect Calls)

W911SD23R0073 24-Feb-2023

b. TELEPHONE NUMBER

845-938-3120

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 24 Mar 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SD9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IGNACIO CORDOVA

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011900001

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - WEST POINT

681 HARDEE PLACE

WEST POINT NY 10996-1514

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W16XYA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

UNITED STATES MILITARY ACADEMY

USMA DMI

BLDG 1558 CAMP BUCKNER

WEST POINT NY 10996

TEL: 845-938-0139 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

532284

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF135

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PWS

PERFORMANCE WORK STATEMENT (PWS)

Cadet Summer Training (CST) Temporary Structures Rental and Services, USCC, United States Military Academy

Part I

General Information

1. GENERAL: This is a non-personal services contract to provide Temporary Billeting, Training, and Shower Structures rental and services to the United States Military Academy (USMA) at Camp Buckner Training area, West Point, NY during Cadet Summer Training (CST). 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Cadet Summer Training temporary structures rental and services, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently within the established standards in this PWS and contract.

1.2. Background: With the West Point Military Complex (WPMC) continued renovation in 2022, 12x Camp Buckner billeting bays will be under construction in 2023 and fewer billeting bays each subsequent year. Billeting, training, shower, and latrine facilities will be required during Cadet Summer Training (CST) from 2023 to 2026, as determined by WPMC project completion timeline. USMA requires the rental of temporary shower trailers, latrines trailers with sinks, temporary structures for billeting, and a temporary structure for Engagement Skills Trainer (EST) II, power generation for all structures if not made available by government on-site by 01 MAY 2023, as well as applicable operational equipment needed to perform services, as indicated in this PWS.

1.3. Objectives:

Provide billeting structures equipment and services to meet personnel requirements IAW timeline in this PWS.

Provide shower trailers equipment and services to meet personnel requirements IAW timeline in this PWS.

Provide latrine trailers with hand washing sinks equipment and services to meet personnel requirements IAW timeline in this PWS.

Provide EST II training structure, power generator, and fuel for equipment and services to meet requirements IAW timeline in this PWS.

Provide shower trailer and latrine trailer cleaning services and materials 3x/week, in accordance with CDC virucidal cleaning standards.

Conditional Water/Waste-Water Services: In the event that water and wastewater utilities are not installed or made available by government prior to 01 MAY, provide non-personal services to fill shower trailers and latrine trailers with water and dump shower and latrine wastewater off-site daily and/or according to consumption rate.

Conditional Generators: In the event that power utilities are not installed or made available by government prior to 01 MAY, provide generators and trailer equipment variants to sufficiently power the billeting tent structures, shower trailers, and latrine trailers with all specified requirements IAW this PWS.

Provide site manager; conduct site survey, provide site proposal to meet CST billeting, training, latrine, and shower requirements.

Conduct delivery of materials and equipment, set-up, breakdown, and removal according to defined timeframe, to specifications as defined in this PWS.

Provide initial operation instruction and familiarization brief to Government.

Provide 24-hour contact with 12-hr response time for on-call servicing and maintenance.

1.4. Scope: Equipment and services include those necessary to deliver, set up, operate as required, perform any required maintenance, exchanges, breakdown, and remove equipment IAW this PWS.

1.5. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and up to three

(3) option years. Contractor shall provide equipment and services from 25 APR-07 AUG 2023. Setup and tear down periods are required to occur before and after equipment use periods specified in this PWS.

Base Year: One (1) 12-month Period--2023-2024 Base Option Years: 2024-2025 Option One (1)

2025-2026 Option Two (2)

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 52.246-1 Contractor Inspection Requirements).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between Quality Control (QC) by the Contractor and Quality Assurance by the Government who is the recipient of services.

This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than (NLT) 10 days after contract award and within five (5) days of any proposed changes to the COR and KO. Approval or disapproval of the QCP shall be provided to the Contractor with two (2) days of contract award. After approval of the QCP, the Contractor shall receive the Contracting Officer’s approval, in writing, of any proposed changes to his QC system.

1.6.1.1.1. The Contractor’s QCP shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and Quality Control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints.

1.6.1.1.2 Within 24 hours of completion and upon request from the COR, the Contractor shall provide, all reports generated because of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.1.4 The Contractor shall provide COR with detailed Weekly Work Reports and Weekly Work Summaries, and Quality Control Reports. Incident Reports and/or Maintenance Service Call Reports shall be provided on the date occurring/accomplished. Upon the request from the COR, the Contractor has one (1) business day to respond to inquiries or requests by electronic mail.

1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

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

1.6.2. Property Management System: Not Applicable

1.6.3. Recognized Federal Holidays: The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements, such as in the case of possible service calls on Memorial Day and Independence Day. The recognized federal holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day.

1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.4. Hours of Operation: Support the Billeting requirement, provide the COR with a work schedule. The Contractor shall, 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized.

1.6.5. Place of Performance: The Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at Camp Buckner Parade Field, West Point, NY and Range 3, West Point, NY.

1.6.6. Security Requirements: The Contractor personnel shall have access to enter Camp Buckner and Range 3 at West Point, NY. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW DODD 8570.

1.6.7. Special Qualifications.

1.6.7.1. General:

1.6.7.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in PWS 1.6.6.; security requirements during the execution of this contract.

1.6.7.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to clearly, and effectively, communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the public.

1.6.7.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.6.7.1.4. Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current identification.

1.6.7.1.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative.

Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies.

Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved DES Form 118 to the Installation All American VCC, detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an AIE visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days.

AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.7.1.6.1. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. This training shall be completed within 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract. This training can be obtained on the JKO website (https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf) by registering as a sponsored user.

1.6.7.1.7. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti-Terrorism Office (ATO)]. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract.

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personnel) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures 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, 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 regarding 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 contract.

1.6.10. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) workdays of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination.

1.6.10.1. The Project Manager (PM) will be available via telecommunication, text message or email Monday through Sunday. In the event the Program Manager’s location is outside the West Point area, any communication initiated by the COR requires an acknowledgement within a thirty (30) minute period. Communications outside of work hours will not yield a requirement to mobilize on site; unless an emergency is determined by West Point Department of Emergency Services (i.e., Military Police, Fire Department).

1.6.10.2. Key Personnel:

1.6.10.2.1. Program Manager (PM): The PM shall act as a direct supervisor for similar tasks as those tasks described in this PWS. Perform Quality Control functions; shall be fluent in the English language (both written and verbal).

1.6.11. Contractor Personnel:

1.6.11.1. Identification of Contractor Personnel: All Contractor 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.

1.6.11.1.1. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

1.6.11.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs, or any other incapacitating agents.

1.6.12. Organizational Conflict of Interest:

1.6.12.1. Purpose. To aid in ensuring that:

1.6.12.2. The Contractor does not obtain an unfair competitive.

1.6.12.3. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract.

1.6.12.4. The Contractor does not obtain an unfair competitive.

1.6.12.5. Definitions.

1.6.12.5.1. The term “Contractor” herein used in section 1.6.12., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.12.5.2. The term "proprietary information" for purposes of section 1.6.12., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees.

Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.12.5.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.12.5.4 Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.12.5.5. Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.12.5.6. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.6.12.5.7. – Left Blank

1.6.12.5.8 – Left Blank

1.6.12.5.9. -- Left Blank

1.6.12.5.10. -- Left Blank

1.6.12.5.11. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4).

In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the

Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.12.5.12. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.12.5.13 – Left Blank

1.6.12.5.14. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.12.5.15. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.12.4., 1.6.12.5., and 1.6.12.6., above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information, or the performance of services described in paragraph 1.6.12.4., above. The use of section 1.6.12., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.12.5.16. Conflicts Involving Future Procurements. The award of this operations and maintenance agreement, government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.12.6. Representations and Disclosures.

1.6.12.6.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.12.6.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflict.

1.6.12.7. Remedies and Waiver.

1.6.12.7.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.16., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) after contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.12.7.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. ABANDONED PROPERTY. Abandoned property is lost, abandoned, or unclaimed personal property defined as any privately-owned personal property which has come into the custody or control of any Military Department, and which is unclaimed by the owner (see DoD 4160.21-M)

2.1.2. ACCOUNTABILITY. Accountability is the obligation to keep accurate and complete records of property, documents, or funds.

2.1.3. ACCURATE. Factual and correctly tabulated data.

2.1.4. ACTIVE DUTY. Full-time duty in the active military service of the United States. This includes duty on the active list; full-time training; annual training duty; attendance (while in active military service) at school designated as a Service school by law or by the Secretary of the military department concerned’ and service as a cadet at the United States Military, Air Force or Coast Guard Academy, or as a midshipman at the United States Naval Academy.

2.1.5. ACTS OF GOD. Include natural disasters such as hurricanes, floods, severe tropical disturbances with winds exceeding 50 mph over a period of four (4) hours; tornadoes; blizzards; earthquakes whose epicenters are located within 50 miles of the work site listed herein and measure over 4.0 on the Richter scale, or which register greater than 5.0 on the Richer scale regardless of distance of the epicenter from any supported activity.

2.1.6. ARMED FORCES. The Army, Navy, Air Force, Marine Corps, Coast Guard, and their Reserve Components.

Reserve Components of the Armed Forces are: Army National Guard of the United States, Army Reserve, Naval Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve, and Coast Guard Reserve.

2.1.7. ARMY PROPERTY. All property under Department of Army (DA) control, except property accounted for as owned by a non-appropriated fund (NAF) activity. “Government Property” and “Army Property” are used synonymously with “Property”.

2.1.8. AUTHENTICATION. To determine as real and true or as genuine, i.e., services were ordered and performed or certified true copy.

2.1.9. CALENDAR YEAR (CY). A period beginning January 01 and ending December 31 of the same year.

2.1.10. CLEAN. Free from dirt, contamination, or impurities; unsoiled, unstained, free of trash and debris.

2.1.11. COMMAND RESPONSIBILITY. The obligation of a commander to insure proper care, custody, and safekeeping of all Government property within the command (AR735-5).

2.1.12. COMPLETION OF WORK. Thorough and finished work that shall be considered completed wherein all the required actions and data have been received and approved by the Government.

2.1.13. COMPLIANCE. Action in accordance with all State, Federal, and local standards, and regulations. It also means actions in accordance with a schedule or plan ordered or approved by a court of competent jurisdiction, the State of New York or the Environmental Protection Agency as dictated by the Clean Air Act, Clean Water Act, or FIFRA and regulations issued pursuant thereto.

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

2.1.15. CONTRACTING OFFICER (KO). A person with authority to enter, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

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

2.1.17. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.18. CONTRACTOR ADMINISTRATOR. The official Government representative delegated authority by the contracting officer to administer a contract. This individual, normally working in an appropriate contracting or procurement

2.1.19. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.20. CORRECTIVE ACTION. Consists of those efforts required to correct reported deficiencies and determine that other services are not similarly defective.

2.1.21. CUSTOMER COMPLAINT RECORD. Unscheduled surveillance of Contractor’s work prompted by people receiving the service. The COR may receive customer complaints about the Contractor’s performance or quality of service. The COR may review the unsatisfactory performance, verify the Contract requirement, and provide the Contractor notification of deficiencies.

2.1.22 DAMAGE. A condition impairing either value or use of an article that may occur in varying degrees.

Property may be damaged in appearance or in expected useful life without rendering unserviceable or less useful.

Damage also shows partial unserviceability. Usually implies that damage is the result of some act or omission.

(AR735-35)

2.1.23. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.24 DEFICIENCY. A shortcoming in the quality or state of service performed.

2.1.25. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.26 DISCREPANCY. Disagreement between quantities or condition of property on hand and that required to be on hand, as shown by an accountability record of the property. It is usually a disagreement between quantities or condition of property received in a shipment and that recorded on the shipping document. This type of discrepancy generally is referred to as a “discrepancy incident to shipment.” (AR-735-5)

2.1.27 DISTRIBUTION. Provided to the specific addresses.

2.1.28 FEDERAL ACQUISITION REGULATION (FAR). A federal regulation establishing uniform policies for acquisition by all executive agencies.

2.1.29 FEDERAL HOLIDAYS. Recognized legal federal holidays, see paragraph title “Federal Holidays” under section 1.6.3.

2.1.30 FILES/RECORDS/DOCUMENTS. All books, papers, maps, photographs, notebooks, computer tapes, magnetic tapes, punched cards, floppy disks, holograms, computer output, microfilm, microfiche, film slide, vu-graph transparencies, or other documentary materials, regardless of physical form or characteristic, created or received by the Contractor in connection with the transaction of public business.

2.1.31 FISCAL YEAR (FY). The Government fiscal year (FY) begins every October 1st and ends the following September 30th. The fiscal year is designated by the calendar year in which it ends. For example, Fiscal Year 2017, abbreviated FY 17, begins 1 October 2016 and ends 30 September 2017.

2.1.32 FREQUENCY. The number of times service or work is provided in each period.

2.1.33 GOVERNMENT. As used herein, any person or organization representing the Department of Defense to include all Federal agencies who receive service under this contract or directs or reviews the Contractor’s work during performance of the requirements of this contract.

2.1.34 GOVERNMENT-FURNISHED EQUIPMENT (GE). Government-owned equipment furnished to a Contractor for the performance of a contract.

2.1.35. GOVERNMENT-FURNISHED PROPERTY (GP) OR GOVERNMENT PROPERTY (GP). Facilities, Material, Special Tooling, Equipment and Military Property in the possession of or directly acquired by the Government and subsequently made available to the Contractor.

2.1.36. INSPECTION. The examination/testing of supplies and services to determine whether they confirm to technical requirements/standards.

2.1.37. INSTALLATION. Land and improvements permanently affixed thereto that are under the control of the Department of the Army and used by Army organizations. Where installations are located contiguously, the combined property is designated as one installation and the separate functions as activities of that installation. In addition to those used primarily by troops, the term “installation” applies to such real properties as depots, arsenals, ammunition plants (both Contractor and Government operated), hospitals, terminals, and other special mission installations.

2.1.38. KEY PERSONNEL. Contractor employees are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided. Contractor will provide a staffing plan to ensure delivery of objectives even during peak periods.

2.1.39. LOSS. Loss of, damage to, or destruction of property of the U.S. Government under control of the Army.

Property is considered lost when it cannot be accounted for by the person responsible for it.

2.1.40. LOSS OR DAMAGE CLAIMS. A written document submitted by persons or agencies in an attempt to recover dollars for losses and/or damage.

2.1.41. NEGLIGENCE. Act or omission that a reasonable person would not commit under similar circumstances.

2.1.42. OBLIGATION. The dollar amount specifically reserved against an appropriation or fund for expenditure in payment of an order placed, contract awarded, or service rendered.

2.1.43. PERFORMANCE REQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.44. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.45. PLANNED SAMPLING. A method of looking at a subjectively determined collection of attributes or items in a lot to form general conclusions about the quality of that lot against a standard.

2.1.46. PROCUREMENT. Purchasing, renting, leasing, or otherwise obtaining supplies or services.

2.1.47. PROPERTY. The terms “Government Property”, “Army Property”, and “Property” include all property under the control of the Department of the Army, except property accounted for and owned by a non-appropriated fund activity.

2.1.48. PROPERTY ADMINISTRATOR (PA). The authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.49. PROPERTY MANAGEMENT SYSTEM. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.50. QUALITY. The composite of all attributes or characteristics, including performance of an item or product.

2.1.51. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.52. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.53. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

2.1.54. RANDOM SAMPLE. A sampling method whereby each service output in a lot has an equal chance of being selected.

2.1.55. REPAIR. To restore to original condition through correction.

2.1.56. SHALL. The word “shall” is used in connection with the Contractor and specifics that the provisions are binding.

2.1.57. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

2.1.58. TIMELY. Provided within the specific time frames.

2.1.59. VENDOR’S INVOICE. A billing for supplies or equipment delivered, or services performed, in behalf of the purchaser.

2.1.60. WILL. The word “will” is used to express a declaration of purpose on the part of the Government.

2.1.61. WILLFUL MISCONDUCT. Any intentionally wrongful or unlawful act dealing with property concerned.

2.1.62. WORKDAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.63. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer’s Representative AFARS Army Federal Acquisition Regulation Supplement ALP Acceptable Level of Performance APD Army Publishing Directorate APM Alternate Program Manager AQL Acceptable Quality Level AR Army Regulation CCE Contracting Center of Excellence CDL Commercial Driver’s License CDR Contract Discrepancy Report CFR Code of Federal Regulations CG Commanding General CMR Contractor Management Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer’s Technical Representative COTS Commercial-Off-the-Shelf CY Calendar Year DA Department of the Army DA PAM Department of the Army Pamphlet DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Form 254 (Contract Security Requirement List) DFARS Defense Federal Acquisition Regulation Supplement DFAS Defense Finance and Accounting Service DIS Defense Investigative Service DMDC Defense Manpower Data Center DOD Department of Defense DODD Department of Defense Directive DODI Department of Defense Instruction DOD-R Department of Defense Regulation DPW Directorate of Public Works EF Electronic Form EPA Environmental Protection Agency FAR Federal Acquisition Regulation FR Federal Register FWT Fair Wear and Tear FY Fiscal Year GFE Government Furnished Equipment GFF Government Furnished Facilities GFM Government Furnished Material GFP Government Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 HRC U.S. Army Human Resource Command HQ Headquarters HVAC Heating, Ventilation and Air Conditioning IAW In Accordance With IMA Installation Management Agency KO Contracting Officer LAN Local Area Network MACOM Major Command NLT No Later Than OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs

OSHA Occupational Safety and Health Act/Agency OSHP Occupational Safety Health Plan PAM Pamphlet PAO Public Affairs Office PIPO Phase-In/Phase- Out PM Program Manager POC Point of Contact PPE Personal Protective Equipment PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RDD Required Delivery Date RFI Request for Information ROD Report of Discrepancy ROS Report of Survey SDS Safety Data Sheets SF Standard Form SM Service Member SME Subject Matter Expert SOW Statement of Work TE Technical Exhibit USACE U.S. Army Corps of Engineers USMA United States Military Academy USEPA United States Environmental Protection Agency VA Department of Veterans Affairs WAWF Wide Area Workflow WAWF-RA Wide Area Workflow-Receipt and Acceptance

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services on Buckner Parade Field and Range 3:

Propane and diesel refueling services will be provided by Contractor for diesel generators and shower hot water propane heaters on Buckner Parade Field, only if on-site utilities are not installed by 01 MAY 2023.

In which case, hookup services from equipment to main sources on Parade Field are the contractor’s responsibility.

Diesel refueling services will be provided by Contractor for EST II tent generator/s (x3) on Range 3.

Contractor shall provide and calculate consumption rates for diesel and propane and capacity in site proposal. Contractor will conduct weekly generator maintenance and provide emergency services as needed. No additional government services will be provided.

The Government will not provide trash and recycle removal for the purpose of this contract except for trash generated from shower/latrine cleaning services. The contractor will remove any trash and recycling that is generated during the execution of the contract. Contractor will provide roll off trash bins onsite for their trash and equipment.

3.2. Facilities: The Government will not provide any facilities for the execution of this contract.

3.3. Utilities: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities while accomplishing tasks specified in this PWS.

3.3.1. Utilities on Buckner Parade Field: On this site only, the Government is developing plan to install 3Phase, 240V power with step down, 1x 8” water main, and 1x 3” cam lock waste-water dump site connection. If construction is complete, contractor shall be responsible for connecting all billeting structures, shower trailers, and latrine trailers to single source points of demarcation.

If the government cannot complete utilities installation, the contractor shall provide equipment and services for adequate power generation, water, and waste-water removal daily and/or as needed. On this site only, the Government is processing plan to install NLT 01 MAY, stepped down power, ending at wire of 370A for the 150kVA @ 120/208VAC, 3PH, 4W AND 900A for the 750kVA @ 277/480VAC, 3PH, 4W. Point of demarcation is at the service box on Buckner Parade Field; hook up of circuit box, equipment and/or distribution box will NOT be provided by the Government. In the event that utilities installation is completed, contractor will provide distribution and hook up of utilities from wire.