W911SD-25-Q-FTBD PWS West Point Cemetery Operations and Maintenance.pdf

PERFORMANCE WORK STATEMENT (PWS)

West Point Cemetery, G4, United States Military Academy

Part I General Information

1. GENERAL: This is a non-personal services contract to provide West Point Cemetery Operations and Maintenance. 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 West Point Cemetery Operations and Maintenance, 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.

1.1.1. Our program goal is to maintain at National Cemetery Standards as outlined by The Office of Army Cemeteries. The success of this contract is dependent of the Contractor’s Quality Control Plan.

1.2. Background: West Point Cemetery (WPC) is a National Treasure. It is the country’s oldest Army post cemetery, established in 1816, with burials dating back to 1782. It marks the final resting place for more than 9,936 decedents, including those who fought in the Revolutionary War up to the most recent conflicts of our military. WPC continues to offer a final resting place for Academy graduates, Cadets, staff and faculty, and their family members, burying approximately 150 Veterans or their family members per year. In order to preserve this National Treasure, it is necessary to keep the West Point Cemetery grounds to the highest standard to Honor the Fallen.

1.3. Objectives:

1.3.1. Maintain the grounds of the West Point Cemetery in accordance with Army Regulations and National Cemetery and Office of Army Cemetery Standards (see Part 6, Applicable Publications)

1.3.2. Prepare gravesites in a respectful manner in accordance with Army Regulations and National Cemetery Standards (see Part 6).

1.3.3. Raise and realign headstones, as well as place new headstones properly. Clean and maintain headstones and monuments. Properly dispose of old headstones.

1.4. Scope: Services include operation and maintenance of the Cemetery grounds, to include grounds and turf management, preparation and closure of gravesites, and maintenance and cleaning of headstones/ monuments. The Contractor shall accomplish these services in accordance with Army Regulations and National Cemetery Standards.

1.5. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12 month option periods.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor shall be 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 (QA) 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) within five

(5) days of any proposed changes. 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. Approval or disapproval will be provided to the Contractor within three (3) days of submission.

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; procedures for collecting and addressing customer feedback/complaints, Daily, Weekly and Monthly reports of Quality Control findings.

1.6.1.1.2. 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.

1.6.1.1.3 The Contractor shall provide COR with detailed Daily Work Reports, a Monthly Work Summary, Quality Control Records, Monthly Headstone Cleaning and Raise and Realign Reports.

Headstone Delivery Reports, Incident Reports, Headstone Installation and Destruction Reports and Turf Repair Tracking and Records, and Weekly Quality Control Reports shall be maintained on site, to include methods used to track Quality Control, including any charts/graphs. Daily Reports shall list any discrepancies such as late set-ups, improper placement of temp markers, etc. Quality control reports shall log all discrepancies and detail a resolution plan. A Monthly Outlook shall be provided to the COR NLT five (5) days prior to the beginning of the next month projecting anticipated work for the next month.

Upon a 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: The Contractor shall establish a system to manage Government Furnished Equipment (GFE) in its possession to control, use, preserve, protect, repair and maintain.

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.

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 Juneteenth 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 shall have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

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

1.6.4. Hours of Operation: Normal operating hours are 8:00 AM to 4:30PM EST Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings. The Contractor shall always 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. During normal operating hours, contractor shall always have at least one staff member available to accept headstone deliveries or address any emergency that may arise. 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. Contractor personnel shall not exceed a 40 hour work week.

1.6.5. Place of Performance: IAW PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. The Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at the West Point Cemetery including building 329 (Old Caretaker’s House), building 694 the cemetery maintenance building and building 689 (Old Cadet Chapel).

1.6.6. Security Requirements: The Contractor personnel shall have access to enter West Point. The Contractor shall handle information that is non-classified within ten (10) days of contract award and must maintain the level of security required for the duration of the contract. 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.

1.6.6.2. Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190-51; Department of Defense (DOD) 4500.9-R, and Department of Defense Instruction (DODI) 5100.76 and DODI 5220.22, and applicable West Point regulations or policies. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13.

1.6.6.3. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5 and West Point 380-

5. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.6.6.3.1. In the event 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.

1.6.6.3.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.6.6.4. 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. These procedures shall be included in the Contractor’s security program.

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. Contractor personnel shall have specialized experience in burial and cemetery operations and maintenance. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general 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.

1.6.7.1.5. 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 Visitors Control Center (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.

Contractor cards will be issued for periods of one to three years depending on the terms of their contract.

AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the VCC. Renewed short term passes must be re-processed at the 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 shall 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 shall 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 and COR may call for quarterly progress meetings with the Contractor to review the Contractor's performance. Contractor’s PM and Foreman shall tend these meetings. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall 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.

1.6.8.1. The contractor shall also attend weekly meetings that include the COR and the local onsite foreman when requested. The contractor shall also attend once a month meeting to discuss issues and monthly invoice concerns when requested. The project manager shall attend the monthly meeting with the COR and the Contract Specialist.

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 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 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 following are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract.

The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

The PM or APM shall be available between the hours of 8:00 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons. The Project Manager (PM) shall be available via telecommunication, text message or email Monday through Friday, between the hours of 8:00 AM to 5:00 PM. In the event the Program Manager’s location is outside the West Point Cemetery, any communication initiated by the COR requires an acknowledgement within a thirty (30) minute time 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).

1.6.10.1.1. The Contractor shall provide an onsite foreman, onsite Quality Control staff and onsite Safety Officer.

1.6.10.2. Qualifications for all Key Personnel:

1.6.10.2.1. Program Manager (PM): The PM shall meet or exceed the following minimum qualifications:

shall have demonstrated experience as a direct supervisor for similar tasks as those described in this PWS:

shall have demonstrated experience with matters relating to safety for performing similar tasks as those described in this PWS; shall have demonstrated experience performing Quality Control functions; shall be fluent in the English language (both written and verbal). The APM shall meet or exceed the same qualifications as the PM.

1.6.10.2.2. Onsite Foreman: Minimum Acceptable Training and Experience: Graduation from high school or possession of a high school equivalency diploma and twelve (12) months of experience in the operation of a cemetery and three (3) years of grounds keeping or grounds maintenance work, including or supplemented by one (1) year of supervisory experience. Experience in operating mechanical equipment including and not limited to a dump truck, tractor, utility vehicle, dump trailer, jack hammer, tamper, excavator and backhoe.

1.6.10.2.3. Onsite QC: Good written and verbal communication skills. Excellent problem-solving and analytical skills. Keen attention to detail. Basic computer and math skills to calibrate and measure specifications. Up to date knowledge of agency standards and best practices and Documentation and reporting skills.

1.6.10.2.4. Onsite Safety Staff: Maintain MSDS records, perform safety inspections on equipment and tools, ensure proper precautions are taken with equipment and during all cemetery operations. Ensure proper PPE is utilized. Reinforce safe practices and behaviors. Minimum of 10-hour OSHA Excavations Safety Training. Maintain an onsite adequately stocked first aid kit.

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. Contractor shall immediately notify COR of any staff that have left, ensure their West Point Access card is turned in and notify COR in writing of newly hired staff, including their contact information and qualifications.

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. Contractor personnel shall be neatly groomed and in uniforms that clearly identify them as contractor personnel and not government employees. Uniforms will be approved in advance by the KO. Contractor personnel shall have the ability and appropriate clothing to work in inclement weather. Contractor personnel shall always present a professional appearance and demeanor.

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 advantage by establishing the ground rules for a future competition.

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; and

1.6.12.4. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

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.

1.6.12.3.5. 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.

1.6.12.3.6. 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.

1.6.12.3.7. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.6.12.3.8. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it shall not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.6.12.3.9. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.6.12.3.10. The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.6.12.3.11. The Contractor agrees that if it gains access to proprietary information of other companies, it shall 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 shall 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.

1.6.12.3.12. 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.

1.6.12.3.13. Not applicable.

1.6.12.3.14. 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 shall 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.

1.6.12.3.15. Subcontracts. The Contractor agrees that it shall 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.

1.6.12.3.16. 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.

1.6.12.4. Representations and Disclosures.

1.6.12.4.1. 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.

1.6.12.4.2. 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 in order to avoid or mitigate such conflict.

1.6.12.5. Remedies and Waiver.

1.6.12.5.1. 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.

1.6.12.6.2. The parties recognize that this clause has potential effects, which shall 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).

1.7. Identification for Contractor personnel, West Point Security Addition. For employees that are not required to be issued a CAC by the COR, but require access to a DoD facility or the installation, the contractor and all associated sub-contractors’ employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13). This applies for all employees who shall be entering Army-controlled installations or facilities (Central Area/Restricted area). Applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the COR) must be adhered to.

Documentation of these checks shall be made available to the COR and security personnel upon request.

The company shall provide to the COR, ten days in advance of the event, names, Date of Birth, and Social Security numbers of all employees who shall be entering Army-controlled installations or facilities.

1.8. DOD Level I Antiterrorism (AT), West Point Security addition.

1.8.1. Pursuant to Department of Defense Instruction Number 2000.16, “DoD

Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at http://jko.jten.mil/ follow the below instructions:

1. Click – DOD CAC or No DOD CAC

2. Next click - I am a U.S. mil, government civil servant, or contract employee

3. Next click - I've been directed to take required training on JKO

4. Next click - Courses

5. I do not have a .MIL, .GOV, or .NDU.EDU address or I am a Multi-National Student

6. Fill out the contact sheet and email to sponsor (COR)

7. Sponsor (COR) will email to the JKO help desk

1.8.2. The contractor shall be responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally controlled installation or information system.

1.8.3. Contracting Officer's Representative, West Point Security addition.

1.8.3.1. COR will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (Local Access Badge) versus the NACI, which requires fingerprinting and submission of EQIP. NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.

1.8.3.2. COR will ensure that the USMA Form 13-16, Personnel Background Check, is correctly completed and signed by the COR who is a properly cleared Federal Employee.

1.8.3.3. COR will ensure that the USMA Form 13-16, Personnel Background Check, is submitted to the VCC by Contract employees within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded, and work is scheduled to start. Waivers are made for the 10 day suspense on a case by case basis, in emergency situations as needed only.

1.8.3.4. COR will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via EQIP, prior to being issued a CAC and/or given access to the government computer network.

1.8.3.5. COR will ensure that all government issued identification are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.

1.8.3.6. COR will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and that they have certified that their workforce has completed the training through the submission of completion certificates to the COR.

1.8.4. Force Protection Conditions (FPCON’s) West Point Security addition.

1.8.4.1. During higher Force Protection Conditions (FPCON’s) Contract personnel shall be required to comply with all Antiterrorism policies and procedures while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.

1.8.4.2. Contractors shall comply with parking restrictions and shall not park in unauthorized parking areas or within 82 feet of an inhabited building when directed.

1.8.4.3. Access control roster (personnel and vehicles) must be provided. Names/vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.

1.8.4.4. All contractor personnel and vehicles are subject to search while on the Installation.

1.8.4.5. In the event of an identified restricted/exclusion area, the contractor personnel shall not be authorized without specific permission or an escort.

1.8.4.6. Access may be denied during increased readiness or Force Protection Conditions (FPCON’s).

1.9. Alien Employment, West Point Security addition. The contractor shall not employ any alien who does not have a valid US Immigration I-551 or I-94. The contractor shall provide valid social security numbers and citizenship status of all employees to the Government, upon request.

1.10. E-Verify, West Point Security addition.

1.10.1. E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. E-Verify is the best means for determining employment eligibility of new hires and the validity of their Social Security numbers.

1.10.2. Contractors shall use E-Verify on all employees that shall be working on this installation, under this contract. This shall be done prior to the employee starting work on the installation. For E-Verify information: www.dhs.gov/E-Verify 1-888-464-4218

1.10.3. The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons’ at http://www.state.gov/g/tip.

1.10.3.1. Government contracts shall prohibit contractors, contractor employees, subcontractors, and subcontractor employees from engaging in severe forms of trafficking in persons during the period of performance of the contract; procuring commercial sex acts during the period of performance of the contract; or using forced labor in the performance of the contract.

1.10.3.2. Government contract shall require contractors and subcontractors to notify employees of the prohibited activities described in paragraph above of this section and the actions that may be taken against them for violations; and impose suitable remedies, including termination, on contractors that fail to comply with the requirements of paragraphs (a) and (b) of this section.

1.11. Contractor Vehicles, West Point addition. Under no circumstances shall Contractors park in Central Parking Area (CPA) Lots. The COR will review and coordinate all contractor pass requests.

1.11.1. The local general, visitor, and government designated parking areas shall not be used by the Contractor, any general contractor or subcontractor.

1.11.2. Contractors and construction vehicles can only park in pre-approved designated staging areas or as identified in their contract. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190-5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is: Parked illegally; Interfering with operations; Creating a safety hazard; Left unattended in a restricted or controlled area; Parked in a Central Parking Area (CPA) lot without the proper CPA Pass; Parked in a reserved space authorized by the Installation

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 1 and ending December 31 of the same year.

2.1.10. CEMETERY DIRECTOR. An employee of the U.S. Government in charge of directing the operations and maintenance of the WPC. This individual does NOT have authority to provide technical direction to the Contractor. This individual does NOT have authority to change the terms and conditions of the contract.

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

2.1.12. CLOSE RELATIVES. Includes the spouse, parents, adult brothers and sisters, and the adult natural, step or adopted children of a decedent. So far as request for disinterment are concerned, the term also refers to the person who directed the original interment, if living.

2.1.13. CLOSED POST CEMETERY. A post cemetery on an inactive installation in which all gravesites within the original boundaries have been used or reserved; a post cemetery on an active installation in which all graves within the original boundaries have been used or reserved; a post cemetery on an active installation on which additional burials are authorized in reserved gravesites only.

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

2.1.15. 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.

2.1.16. 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.

2.1.17. 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.

2.1.18. CONTRACTING OFFICER (KO). A person with authority to enter into, 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.

2.1.19. 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.

2.1.20. 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.

2.1.21. CONTRACTOR ADMINISTRATOR. The official Government representative delegated authority by the contracting…