W911SG15R93850003.pdf

0010660228

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

Reason for amendment is to provide questions and answ ers, and revised SOW. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

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

16C. DATE SIGNED

BY 18-Sep-2015

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 W911SG-15-R-9385

X 9B. DATED (SEE ITEM 11)

12-Sep-2015

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

18-Sep-2015

CODE

MICC - FORT BLISS

MICC FORT BLISS

CCMI-CHD-BS

BUILDING 111, PERSHING ROAD

FORT BLISS TX 79916-6812

W911SG 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911SG-15-R-9385

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

QUESTIONS AND ANSWERS

QUESTIONS AND ANSWERS

1. The only clarification at this time is the items the contractor WILL NOT be moving.

Answer: All items that are plugged into an electrical outlet; such as the IT equipment (computers, monitors, printers, and scanners), Micro Fish equipment, fans, TV's, phones, blood pressures machines, and in other items that is plugged into an electrical outlet shall not be the responsibility of the Contractor. The Trophy case cabinet, antiques (Collectables) and all personal items shall not be the responsibility of the Contractor.

2. About the replacement of carpet in the Sergeants Major center, is there a finish schedule that define what type of carpet is going to be installed, or we have to do a proposal.

Answer: SOW sections 5.4.6 and 5.4.7.1 contain Material Specifications. Submittals are required IAW

SOW 5.4.6

3. Is this a follow-on requirement? If so, could you please provide the incumbent contract number for this opportunity? If not, is this a new requirement?

Answer: This is a new requirement.

4. Can you please upload a clearer copy of page 52 (the sketch)? It is fuzzy and illegible, and we are unable to get dimensions from it.

Answer: A new attachment has been provided.

5. Can you clarify the move for the L shape counter reception are?

Answer: Contractor will be responsible for disassemble, move to Section four, reassemble and relocate it back into its original location upon completion of carpet installation.

6. You are asking for 60 oz. which I am assuming is the total weight but a 36 oz. pile, right?

Answer: The Government requires heavy to severe traffic carpet. 36oz Face weight in this application is rated as fair to good. Government requires a Best Rating. Therefore a 60oz face weight is required IAW SOW 5.4.6. The following guide lines for this application are: Fiber Type-Stain Master Nylon 6.6, Pile Density- 3500+. Pile Height-.25", Face Weight-60oz., Tuft Twist-7.5, and Anti Stain-Stain Master (This is an added anti-stain treatment that is applied to the carpet).

7. Pattern will be similar to current, right?

Answer: The Pattern will be similar as existing.

8. Is the Front entrance matt needed to be replaced?

Answer: The Contractor will not be responsible for the front entrance matting replacement.

9. Can the hours of operation be extended if needed?

Answer: The normal hours of operation are Monday thru Friday 0730 to 1800 Hours. Saturdays and Sundays are closed, any extension from the normal working hours will have to be coordinated with COR and KO on a case by case basis.

10. The contract calls out for a Project Manager. Will the project also require a full time QC Manager or will the Project Manager be sufficient?

Answer: The Project Manager can also act as the QC Manager: so, the Project Manager will be sufficient.

11. For demolition of existing carpet, an asbestos abatement will not be necessary, correct?

Answer: An environmental survey has already been conducted on 13 August 2015. No Asbestos Containing Material (ACM) or abatement is required.

The following have been modified:

STATEMENT OF WORK

STATEMENT OF WORK

Replacement of Carpet in United States Army Sergeants Major Learning Research Center Library

Directorate of Public Works at Fort Bliss, Texas

PART 1

GENERAL INFORMATION

1. General. This is a construction contract to replace Carpet in the United States Army Sergeants Majors Academy Learning Research Center Library in Building 11294, Work Order Number: SM008144P.

The Government will not exercise any supervision or control over the contract construction providers performing the construction services herein. Such contract construction service providers shall be accountable solely to the Primary Contractor who, in turn is responsible to the Government.

1.1. Description of Construction/Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Carpet Repairs in the USASMA LRC Library as per by Carpet Replacement in the USAMA LRC at Building11294 as defined in this Statement Of Work (SOW) except for those items specified as Government furnished property and functions. The Contractor shall perform to the standards in this contract.

1.2. Background. Due to an assessment conducted by Fort Bliss Directorate of Public Work Inspectors and USASMA LRC Personnel, it has been determined from the results that the carpet is old, faded, and deteriorated to the point that it can no longer be economically repairable, adequately cleaned, and therefore needs to be replaced with new like carpet. The carpet has deteriorated to the point that it is considered a safety hazard to the LRC Staff and Students.

1.3. Objectives. The objective of this contract is to repair carpet by carpet replacement in-kind.

1.4. Scope. This contract includes all functions, tasks and responsibilities normally performed by a construction Contractor. The Contractor shall be responsible to verify all dimensions and investigate existing site conditions and quantities. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, New Mexico and Texas State Law(s), Occupational Safety and Health Administration (OSHA) regulations, Army and installation regulations.

1.5. Period of Performance. The period of performance shall be no more than one hundred-twenty (120) calendar days after notice to proceed. The Contracting Officer and/or the Contracting Officer Representative will determine the execution date.

1.6. Hours of Operation.

1.6.1. Normal Duty Hours. The Contractor is responsible for providing performance/service, between the hours of 8:00 AM and 05:00 PM with one (1) hour lunch break, Mondays and Fridays except/including on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor shall not be reimbursed when the Government facility is closed for the above reasons. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.2. Federal Government Holidays.

a. New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

d. When the Department of Defense grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer (KO) or the

Contracting Officer’s Representative (COR). Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

e. If Government personnel are furloughed, the Contractor shall contact the KO or the COR to receive direction.

1.6.3. Emergency Services. On occasion, services may be required to support the construction site outside the normal duty hours described above; services are considered emergency services and are to be distinguished from routine services. Emergency services will be authorized by the KO. The Contractor’s responsibilities for emergency services are described in paragraph 1.13.5 of this SOW.

1.6.4. Inclement Weather Operations. In cases of severe weather, the KO may authorize exceptions.

When exceptions are granted, the Contractor shall make up all missed services within twenty-four (24) hours after the severe weather has terminated, unless the KO authorizes additional time. Rescheduling to provide make-up services shall not be a basis for a claim by the Contractor for additional compensation.

1.7. Place of Performance. The work to be performed under this contract will be performed at 11294 Sergeants Major Blvd., Building 11294, First Floor, USASMA LRC.

1.8. Type of Contract. The Government will award a Firm Fixed Price Construction Contract by Mission & Installation Contracting Command (MICC), Installation Contracting Office (ICO),

1.9. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government in accordance with (IAW) the terms and conditions contained in Federal Acquisition Regulation (FAR) Subpart 52.246-1 entitled, “Contractor Inspection Requirements” and applicable sub-clauses pertaining to quality control.

1.9.1. The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services are provided to the Government. 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. The Contractor shall provide to the Government their quality control documentation within five (5) calendar days after contract award, one electronic copy of a comprehensive written QCP shall be submitted to the KO and COR, electronic copies shall be in Adobe PDF or MS Office; OR …control documentation shall be submitted with the Contractor’s proposal for use as an evaluation factor, three paper copies and one electronic copy of a comprehensive written QCP, electronic copies shall be in Adobe PDF or MS Office;

any changes to the QCP after award shall be submitted to the KO and COR in an electronic copy within five (5) calendar days prior to the proposed changes thereafter. After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to their QC System in regard to this contract.

1.9.2. Corrective Actions. At any time it is determined by the KO that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency. If a Contract Deficiency Report (CDR) is issued the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance and CA to the root cause to prevent recurrence and a corrective action including the timeline for completion.

1.10. Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government will do to assure that the Contractor has performed IAW the requirements of the contract. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable deficiency rate(s) as illustrated within the SOW and Performance Requirements Summary (PRS). All performance ratings will use (Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory), as defined in FAR subpart 42.15, Contractor Performance Information. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.10.1. Contracting Officer Representative (COR). The COR Management System Tool Virtual Contracting Enterprise (VCE)-Acquisition Resource Center (ARC) https://arc.army.mil/COR) for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.10.2. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5, Post Award Orientation. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be considered into the overall contract price.

1.11. Antiterrorism (AT) and Operations Security (OPSEC): The Contractor shall at all times adhere to installation anti-terrorism/operational security (AT-OPSEC) requirements such as installation entry exit requirements, vehicle registration, on-base security restricted areas entry, etc. It is the Contractor’s and subcontractor responsibility to comply with instructions outlined in Attachment 3, AT-OPSEC requirements before initiating work for the first time at the installation.

1.11.1. AT Level I Training. All Contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete Antiterrorism (AT) Level I awareness training within five (5) calendar days after contract start date or effective date of incorporation of the requirement into the contract, whichever applies. The Contractor shall submit Certificates of completion for each affected contract employee and Subcontractor employee to the COR (or to the KO, if a COR is not assigned) within five (5) calendar days after completion of training by all employees and Subcontractor personnel on a recurring annual basis. AT Level I awareness training is available at the following site: https://atlevel1.dtic.mil/at. If access to a computer is not available, the unit’s Level II Anti-terrorism Officer (ATO) will conduct AT Level I training for the Contractor and employees within five (5) calendar days after contract start and maintain a copy of the attendance roster for one year. Any Contractor hired after contract start will be required to receive AT Level I training within five (5) calendar days by the ATO. It will also be acceptable for the new hire to take the training on line and present the training certificate to the ATO within three (3) calendar days. AT Level I training is an annual requirement with the 12 month period starting on the date of initial training and re-certification NLT the last day of the 12 month period. If the requiring activity does not have an ATO, the first ATO in the chain of command will conduct this training.

1.11.2. Access and General Protection/Security: Policy and Procedures. Contractor and all associated subcontractor-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, Headquarters Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.11.3. iWATCH Training. The Contractor and all associates subcontractor shall brief all employees on the local iWATCH program, training standards provided by the requiring activity 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 five (5) calendar days of contract award and within five (5) calendar days of new employees’ commencing performance with the results reported to the COR no later than five (5) calendar days from employment start.

1.12. Security.

1.12.1. Security Requirements. Contractor personnel performing work under this contract shall have a (The only level of security will be the same as needed to gain entry to Fort Bliss Army post.) at time of the proposal submission, and shall maintain the level of security required for the life of the contract. The security requirements are IAW the attached Department of Defense Contract Security Classification Specification form DD254. (The unit security monitor is responsible for initiating this form.)

1.12.2. Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use IAW AR 190-13, The Army Physical Security Program. Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a weekly basis. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.12.3. Key Control. (Not applicable)

1.12.4. Lock Combinations. (Not applicable)

1.12.5. Security of Classified Items, Systems and Information. The Contractor will not access, view, possess, or use classified information under this contract. The Contractor shall immediately contact the COR for instructions if access to classified information becomes necessary or if the Contractor falls into the possession of classified information while performing services under this contract.

1.13. Safety. The Contractor shall establish and maintain a safety plan of which a draft plan shall be submitted to the KO at the time of proposal. Contractor’s final Safety Plan shall be submitted no later than (NTL) five (5) calendar days after contract award

1.13.1. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with the following Safety Accident Prevention Standards: 29 CFR 1910, Occupational Safety and Health Standards; 29 CFR 1926, Safety and Health regulations for Construction; Army Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual. The Contractor shall comply with the above and all other applicable DoD, Army, Federal, State and Local safety and health requirements.

1.13.2. Reporting of Fire and Safety Hazards. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contractor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.13.3. Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution. The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.13.4. Reporting Mishaps. The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors; (2) Damage to GFM, GFP, or GFE provided to a Contractor; (3) Contractor accidents involving Army property and personnel.

1.13.5. Emergency Services.

a. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the KO or COR within 30 minutes of the incident.

b. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.13.6. Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, designated representative or COR, and shall notify the KO of the corrective action to be taken.

1.14. Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the Army and Fort Bliss Installation and State of Texas. All Contractors’ personnel shall comply with installation security and access procedures and the Contractor’s final Safety Plan.

1.14.1. Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

1.14.2. Authorization to Work. Contractor’s personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card.

1.14.3. Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.14.4. Identification of Contractor Employees.

a. The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

b. 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.

c. Contractor personnel shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.14.5. Conflict of Interest.

a. Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

b. Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest.

Additionally, the SP shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DoD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the

Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

1.14.6. Contractor Code of Business Ethics and Conduct. IAW FAR Subpart 3.1004(a) FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct, the Contractor shall comply with established regulations to include application of FAR Clause to applicable subcontracts.

1.14.7. Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees shall avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on United States of America (USA) Facilities.

1.14.8. Employee Uniforms. (Not applicable-No uniforms shall be required for this SOW)

1.14.9. Personnel Health and Hygiene. The Contractor shall obtain and maintain Insurance in force, or shall require any subcontractor, sub-grantee, or assignee performing Project work to obtain and maintain in force, the following insurance:

a. Statutory worker’s compensation and employees liability insurance for all employees engaged in the performance of the project, and

b. Comprehensive public liability insurance against all claims of bodily injuries, death or property damage, in amounts not less than $2,000,000.00 for bodily injury or death any one incident, and $50,000.00 for property damage in any one incident: and

c. The policies described in subparagraph 1.13.10 of this paragraph shall be the standard form employed in the State of Texas, issued by underwriters acceptable to the State, and authorized to do business in the State of Texas, Each policy shall contain a clause prohibiting cancellation of modification of the policy earlier than ten (10) days after written notice has been received by the Contracting Officer.

1.14.10. Contractor Vehicles.

a. All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor’s name in a clear and unobstructed location on the vehicle.

b. Motor vehicles entering Fort Bliss Operational Area shall be properly licensed, insured, and registered with the Installation Access Pass Office.

1.14.11. Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property.

1.14.12. Special Qualifications. (Not applicable)

1.14.13. Key Personnel: The following personnel are considered key personnel by the Government:

a. Project Manager (PM)/alternate PM. The Contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO within five (5) calendar days after contract award, thereafter any changes shall be provided five (5) business days prior to expected change and no less than 24-hours after unplanned changes.

The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or alternate shall be available between 8:00 a.m. thru 4:30 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.14.14. Supervision of Contractor Employees. The Government will not exercise any supervision or control over Contractor or Subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or Subcontractor employees.

1.15. Contractor Travel. (Not applicable)

1.16. Training. (Not applicable)

1.17. Other Direct Costs. (Not applicable)

1.18. Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.19. Phase In/Phase Out Period. (Not applicable)

1.19.1. Phase In Period. . (Not applicable)

1.19.2. Phase Out Period. (Not applicable)

PART 2

DEFINITIONS, ACRONYMS & ABBREVIATIONS

2. Definitions and Acronyms.

2.1. Definitions. Federal Acquisition Regulation (FAR), Dictionary of US Army Terms, AR 310-25 and Authorized Abbreviations and Brevity Code, AR 310-50, are the references for definitions and acronyms not listed below.

2.1.1 Assignee. A person, company, or entity who transfers what they hold to another person, company, or entity.

2.1.2. Cannibalize. Remove parts from Government property for use or for installation on other Government property

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

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

2.1.5. Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

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

2.1.7. 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.

2.1.8. Controlled Area. A controlled space extending upward and outward from a specified point. This area is typically designated by a commander or director, wherein sensitive information or operations occur and requires limitations of access.

2.1.9. Defective Service. A service output that does not meet the standard of performance associated with the Statement of Work (SOW).

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

2.1.11. Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

Equipment does not include material, real property, special test equipment or special tooling.

2.1.12. Government-Furnished Property (GFP) or Government Property (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.13. Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.14. Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW.

When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. The prime Contractor is responsible for performance of all Subcontractors.

2.1.15. Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

a. Items that cannot be found after a reasonable search;

b. Theft:

c. Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

d. Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.16. Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.17. Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non personal service contracts are authorized by the Government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

2.1.19. Property. All tangible property, both real and personal.

2.1.20. Property Administrator (PA) or Plant Clearance Officer (PLCO). An authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of the Contractor.

2.1.21. Property Records. Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.22. Provide. To furnish, as in Government-furnished property, or to acquire, as in Contractor-acquired property.

2.1.23. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.

2.1.24. Quality Assurance Specialist. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

2.1.25. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.26. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.27. Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.28. Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.29. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privet of contract with the subcontractor.

2.1.30. Sub-grantee. A person or agency that is awarded the sub-grant and is accountable to the grantee for the utilization of the resources.

2.1.31. Unit Acquisition Cost means—

a. For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

b. For Contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.32. Wide Area Work Flow (WAWF). A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows Government vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

2.1.33. Work Day. The number of hours per day the Contractor provides services IAW the contract.

2.1.34. Work Week. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. Acronyms.

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHERA Asbestos Hazards Emergency Response Act AQL Acceptable Quality Level AR Army Regulations ARC Acquisition Resource Center AT Antiterrorism ATO Antiterrorism Office CA Corrective Action CAP Contractor Acquired Property CDR Contract Deficiency Report CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DPW Directorate of Public Works EM Engineer Manual FAR Federal Acquisition Regulation FPCON Force Protection Condition GFE Government-Furnished Electricity GFM Government-Furnished Materials GFP Government-Furnished Property GP Government Property HIPAA Health Insurance Portability and Accountability Act of 1996 HQDA Headquarters Department of the Army IAW In Accordance With JER Joint Ethics Regulation JHA-AHA Fort Bliss Job Safety/Hazard Analysis JTR Joint Travel Regulation KO Contracting Officer

LRC Learning Resource Center MICC Mission and Installation Contracting Office NFPA National Fire Protection Association NLT No Later Than NSN National Stock Number NTC Notice to Proceed OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSHA Occupational Safety and Health Administration PA Property Administrator PIPO Phase In/Phase Out PLCO Plant Clearance Officer PLM Polarize Light Microscopic PM Project Manager POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QAR Government Quality Assurance Representatives QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SOW Statement of Work TE Technical Exhibit USA Untied States of America USASMA United States Army Sergeants Major Academy VCE Virtual Contracting Enterprise WAWF Wide Area Work Flow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services.

3.1. Services. The Government will not provide services…