W911SD-21-R-0055 Sol Amed 0001 SF 30 DRAFT Final Temporary Soldier Billeting.pdf

W911SD21R0055

0011599066

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to both revise the period of performance, and attached a revised PWS identified as REVISION 01. PWS Revision 01 superseeds PWS previously posted. Add RFIs as add text to soliciation, no other changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 31

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Mar-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911SD21R0055

X 9B. DATED (SEE ITEM 11)

11-Feb-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Mar-2021

CODE

MICC - WEST POINT

681 HARDEE PLACE

WEST POINT NY 10996-1514

W911SD 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

RFIS AND ANSWERS

Monday February 22, 2021 My question is you state modular which was modified from Sources Sought listing was tents, but under features below its stated with tensioned fabric?

Please see below:

Part 4. Page 17 Its stated under 4.2.1 temporary modular building structures with flooring, internal lightning, and ceiling fans, but under features its posted:

Features: Structures shall be field-durable, weatherproof shelters with tensioned fabric to create a structure which distributes high wind and rain from the exterior to the support system. Structures shall provide drainage;

no puddles on/inside/under structure

We can provide clear span tents that are 95 mph wind rated and fire retardant built with flooring, power, HVAC, lightning, safety etc. We can also install ceiling fans on trusses to meet specification.

Clear span structures meet the requirement. HVAC for structures on Buckner Parade field are not a requirement due to the large energy consideration, however, pedestal or ceiling mounted fans are required. HVAC for structure on Range 3 IS required to maintain climate control for electronics that will be used inside the structure.

Tuesday February 24, 2021 Period of performance on beta.sam is 15 April 2021 – 30 September 2021, but is listed in the solicitation document as 15 May - 1 Aug. 2021. can you please verify which is correct?

Period of performance is 15 APR 2021 – 20 SEP 2021 as per beta.sam. The equipment used on Buckner Parade Field must be operational NLT COB 14 MAY 2021, for the period of 15 MAY-1 AUG 2021 and the equipment used on Range 3 must be operational NLT COB 25 APR, for the period of 26 APR-15 AUG 2021. Setup and tear down periods must be completed within 2 weeks at the beginning and end of each specified operational period, 15 MAY-15 JUN 2021, 16 JUN-1 AUG 2021 and 26 APR-15 AUG 2021 dates.

Do these structures need to be berry compliant? YES

Are there Mobilization and Demobilization timeframes, I know they are before and after start and end date but would like to know if there are certain timeframes?

Setup and tear down periods must be completed within 2 weeks at the beginning and end of the 15 MAY-1 JUL 2021 and 26 APR-1 AUG 2021 dates.

The PWS states that we can come out and take our structures down after Aug 1st, does that mean the structures for the initial 500 extra people can't be taken down till august?

No. Reduction and removal of equipment on Buckner Parade Field after 15 JUN IOT reduce support from 600 pax to 100 pax is the requirement. Reduction activities shall not impede the consistent operation of remaining structures, shower trailers and latrine trailers for 100 the pax at any time, nor impede traffic on the perimeter road of the parade field. In other words, Cadets must have access to the remaining operational tents, with operational showers and latrines. Contractor may leave structures in place after reduction period. In the event that contractor chooses to leave extra equipment on Buckner Parade field that is not a specified government requirement, the government shall not be charged any rental/fees and is not responsible for any loss/damage to the extra equipment left on the field between the 16 JUN and the end of the period of performance.

Will these be going on the parade field?

All temporary structures, shower trailers, and latrine trailers will be used on Buckner Parade Field with the exception of the temporary structure and associated equipment that will be situated on Range 3. Range 3 will be a training site for EST II skills training only, not a billeting site. Please note: The temporary structure intended for Range 3 has significantly different specifications than the temporary structures on Buckner Parade Field.

I was considering making the structure a 66'x66' to ensure the full quarter of the structure is set aside for women, but when the camp reduces to 100 pax, they will essentially have 4k square feet of extra tent.

Please ensure contractor is accounting for 50 sqft/person in their calculations. Roughly ¼ of EACH structure shall be sectioned off for females (not ¼ of total tent space). It is acceptable to have the extra equipment remain on the Parade Field after the personnel reduction period on 16 JUN, or allow for greater than 50 sqft/person, however, the requirement is minimum 50 sqft per person with roughly ¼ of each tent divided for female privacy/usage. Any equipment remaining on the parade field that is not a government requirement should not be charged to the government and the government is not responsible for any loss/damage to the extra equipment left on the field between the 16 JUN and the end of the period of performance. In other words, if it is easier for the contractor to leave equipment on the field rather than remove it to account for the personnel reduction, that is acceptable, but the government should not be charged rental/fees and is not responsible for that equipment remaining on the field.

The following have been modified:

PRS

SERVICE PWS PARAGRAPH

NUMBER

STANDARD ACCEPTABLE

QUALITY LEVEL

SURVEILLANCE

METHOD

%OF SERVICE TO

TOTAL CONTRACT

PRICE

Reports 1.6.1.1.2 Provide COR with Reports upon request

95% of reports received COR tracks reports received

1.00%

Inspections 5.2.4. AR 1-201, Army Inspections Policy, AR 290-5 .

Ratings in each area will be captured as Green, Amber , Red or Not Applicable.

Based on a random sampling walk- through of the temporary structures.

10.00%

Site Proposal 5.2.5.1 Provide temporary structure site proposal to COR.

100% of services meet performance specifications.

100% inspection each time task is performed.

6%

Mobilization and demobilizatio n

5.2.5.2. Provide setup and

breakdown services

IAW

timeline in PWS.

100% of temporary structures meet performance specifications.

100% inspection each time task is performed.

6%

Site Management 5.2.5.3. Provide site manager and qualified power technician during installation.

100% of services meet performance specifications.

100% inspection each time task is performed.

4%

Operation 5.2.5.2.

5.2.5.3.

Ensure equipment is operational IAW timeline specified in PWS;

operate shower trailers if required.

100% of services meet performance specifications.

100% inspection each time task is performed.

6%

Operation Brief 5.2.5.3 Provide initial operation brief to government.

95% meets performance specifications.

95% inspection each time task is performed.

1.00%

Emergency Servicing

5.2.5.4. Provide 24-hr point

of contact for 12-hr maintenance response time.

100% meets performance specifications.

100% inspection each time task is performed.

4.00%

Clear equipment from public hazards

5.2.5.5 Ensure entryways

and paths are free from public hazards.

95% meets performance specifications.

95% inspection each

1.00%

Temporary Billeting Structures

5.2.1 Provide turnkey

delivery, setup, operation, break down, removal, maintenance, and emergency servicing of a billeting site for personnel in weather resistant temporary structures IAW the timeline and requirements specified in the PWS

95% meets performance specifications.

95% inspection each time task is performed.

12.00%

Temporary Shower Trailers

5.2.2 Provide turnkey

delivery, setup, operation, break down, removal, maintenance, and emergency servicing of temporary shower trailers for personnel IAW the timeline and requirements specified in the PWS

95% meets performance specifications.

95% inspection each time task is performed.

12.00%

Temporary Latrine Trailers

5.2.3 Provide turnkey

delivery, setup, operation, break down, removal, maintenance, and emergency servicing of temporary latrine trailers for personnel IAW the timeline and requirements specified in the PWS

95% meets performance specifications.

95% inspection each

12.00%

ESTII

Temporary Structure and Generator

5.2.4. Provide turnkey

delivery, setup, operation, break down, removal, maintenance, and emergency servicing of a training site for personnel in weather resistant temporary structure with generator IAW the timeline and requirements specified in the

PWS

95% meets performance specifications.

95% inspection each time task is performed.

8.00%

Conditional Water and Waste/Water Services

4.2.6. Provide services to

fill shower trailers and latrine trailers with water and dump shower and latrine waste- water off-site

95% meets performance specifications.

50% inspection each time task is performed.

8.00%

Conditional Generators

4.2.7. Provide connection

services from structures to generators, generators, cables, power distribution equipment, trailer variants to power the billeting tent structures, shower trailers, and latrine trailers

95% meets performance specifications.

95% inspection each time task is performed.

8.00%

Debris pickup (Policing)

4.2.1.

4..2..2.

4.2.3.

4.2.4.

4.2.5.

Remove debris, contractor garbage, materials, and/or uncontracted equipment after installation and upon breakdown

95% of grounds meet performance specifications.

Weekly inspection of a random sample of walkways and grounds

1.00%

Total: 100%

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) beginning renovation in 2021, 12x Camp Buckner billeting bays will be under construction in 2021 and fewer billeting bays each subsequent year, completing the summer of 2024. Billeting, training, shower, and latrine facilities will be required during Cadet Summer Training (CST) 2021, 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 1 MAY 2021, 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 and power generator 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 1 MAY, provide non-personal services to fill shower trailers and latrine trailers with water and dump shower and latrine waste-water 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 1 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 no option periods. Contractor shall provide equipment and services from 26 APR-1 AUG 2021. 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 Option Years: None

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 as a result 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) work days 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. The Property Management System (PMS) must be adequate to satisfy the requirements of Property Management in accordance with (IAW) FAR clause 52.245-1 Government Property.

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: The Contractor shall be responsible for providing services, between the hours of 8:00 AM to 5:30 PM 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, 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. Contractor personnel shall not exceed a 40 hour work week;

flexible work schedule may be considered.

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 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.

1.6.7.1.4. Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

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. 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 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 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) work days 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 work days 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) work days 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) will 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).

1.6.10.2. 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.

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

Contractor personnel shall present a professional appearance and demeanor at all times.

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.

1.6.12.5.5. 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. 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 of 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.

1.6.12.5.8. 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 will 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).

1.6.12.5.9. 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 will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

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

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 Not applicable.

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 in order 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) subsequent to 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 1 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 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.

2.1.16. 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…