Draft_PWS_Satellite_QA_review_17_APR_18.DOCX
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- Satellite Television Federal contract opportunity
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- W911SG18Q0028
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Performance Work Statement
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DRAFT PERFORMANCE WORK STATEMENT
Satellite Television Services (PR11137242)
Note To Our Customers: The seven step process for performance based acquisition should still be used (DoD Acquisition of Services Guidebook). This template must be tailored for your agency by including your unique requirements, quantities for workload, specific surveillance techniques, etc. Any questions regarding this template should be addressed with your assigned acquisition team (Contracting Officer, Specialist and Quality Assurance Specialist).
General examples are presented in [blue italics with bracket boarders], while fill-in guidance is presented in (blue italics with parentheses). Please ensure all fonts are the same style and size with no blue italics remaining when finalizing the PWS.
PART 1
GENERAL INORMATION
1. General. This is a non-personal services contract to provide Satellite services. 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.
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 Satellite services at Fort Bliss, Texas as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.
1.2. Background. This request is for Foreign Military Sales reimbursable funds to carry out support for the Japanese Military Annual Service Practice missile live fire exercises.
1.3. Objectives. The objective of this contract is to provide Satellite television services exclusively for Japanese Foreign Military at Fort bliss, Texas.
1.4. Scope. This contract includes all functions, tasks and responsibilities normally performed by a Satellite Television Service. The Contractor shall be responsible for Satellite installation for building 1008 & 1009 Fort Bliss Texas. Complete satellite installation of 136 satellite receivers, 34 multi-switches with power supply’s, 5 non-penetration roof antennas. Satellite antennas for satellite signal 110, 119 and 118. 136 wall plates, connector wires, aiming satellite, programming and labor. Satellite programming services for 136 locations/receivers at Building 1008 & 1009. At a minimum, provide monthly programming for Japanese public television programming (NHK Japan tokyo- dramas, sports, news and variety shows) plus 120 channel network package programming. Provide Satellite service call for all 136 satellite receivers’ electronics for building 1008 & 1009. 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 for one (1) Base Year of 12 months and two (2) option years of 12-months each. The Period of Performance reads as follows:
| Base Year | (23 July 2018-22 July 2019) |
| Option Year I | (23 July 2019-22 July 2020) |
| Option Year II | (23 July 2020-22 July 2021) |
1.6. Hours of Operation.
1.6.1. Normal Duty Hours. The Contractor is responsible for providing performance/service, between the hours of 7:00 AM to 4:00 PM, Mountain Time Zone Monday through Friday except 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 will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.2. Federal Government Holidays.
| a. New Years Day | 1st day of January | ||||
| Martin Luther King Jr.'s Birthday | 3rd Monday of January | ||||
| Presidents Day | 3rd Monday of February | ||||
| Memorial Day | Last Monday of May | ||||
| Independence Day | 4th day of July | ||||
| Labor Day | 1st Monday of September | ||||
| Columbus Day | 2nd Monday of October | ||||
| Veterans Day | 11th day of November | ||||
| Thanksgiving Day | 4th Thursday of November | ||||
| Christmas Day | 25th day of December |
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. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed Government employees. In the event of a Government shutdown or furloughed Government employee(s) impacts contract price/cost, a negotiated settlement will be reached as deemed appropriate by the KO.
1.6.3. Emergency Services. On occasion, services may be required to support a Satellite service call/repair outside the normal duty hours described above; Weekend/holiday/special events services are considered emergency services and are to be distinguished from routine services. Emergency services will be authorized by the KO.
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 Building 1008 & 1009 Fort Bliss, Texas.
1.8. Type of Contract. The Government will award a firm fixed priced contract.
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 must 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; 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 must 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 PWS 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 (CORT Tool) will be used 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 will 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).
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 must 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 is not required to have a security clearance at time of the proposal submission, and is not required to maintain a security required for the life of the contract. The security requirements are IAW the attached Department of Defense Contract Security Classification Specification form DD254
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 monthly basis. At the close of each work period, Government facilities, equipment and materials shall be secured.
1.12.3. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop and implement a key control program and procedures compliant with AR 190-13 to ensure that keys are controlled and safeguarded. The plan shall be incorporated within the Contractor’s Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO, COR and Security Manager.
a. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. Any Government property stolen or damaged in association with keys being duplicated, misplaced, or lost by the Contractor personnel shall be reimburse the Government accordingly.
b. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.
1.12.4. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.
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 (NLT) 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 Contactor 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 will, 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 and 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 must avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on United States of America (USA) Facilities.
1.14.8. Employee Uniforms.
1.14.9. Personnel Health and Hygiene.
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.
1.14.13. Key Personnel: The follow personnel are considered key personnel by the Government: Project Manager.
a. Project Manager (PM)/alternate PM.
1) 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 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.
2) The PM or alternate shall be available between 7:00 AM and 4:00 PM 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. N/A
1.16. Training. N/A
1.17. Other Direct Costs. N/A
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.
1.18. Phase In/Phase Out Period. N/A
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. Cannibalize. Remove parts from Government property for use or for installation on other Government property
2.1.2. 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.
2.1.3. 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.
2.1.4. Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.
2.1.5. 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.
2.1.6. 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.
2.1.7. 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.
2.1.8. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).
2.1.9. Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.10. 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.
2.1.11. 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.
2.1.12. 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.
2.1.13. 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 PWS. 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.
2.1.14. 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.
e.
2.1.15. 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.
2.1.16. 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.
2.1.17. Physical Security. Actions that prevent the loss or damage of Government property.
2.1.18. Property. All tangible property, both real and personal.
2.1.19. 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.
2.1.20. Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.
2.1.21. Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.
2.1.22. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.
2.1.23. 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.
2.1.24. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
2.1.25. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.26. Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).
2.1.27. 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.
2.1.28. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privet of contract with the subcontractor.
2.1.29. 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.
2.1.30. 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.
2.1.31. Work Day. The number of hours per day the Contractor provides services IAW the contract.
2.1.32. 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 | |
| AQL | Acceptable Quality Level | |
| AR | Army Regulation | |
| AT | Antiterrorism | |
| 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 | |
| FAR | Federal Acquisition Regulation | |
| FPCON | Force Protection Condition | |
| GFP | Government-Furnished Property | |
| HIPAA | Health Insurance Portability and Accountability Act of 1996 | |
| JER | Joint Ethics Regulation | |
| JTR | Joint Travel Regulation | |
| KO | Contracting Officer | |
| OCI | Organizational Conflict of Interest | |
| OCONUS | Outside Continental United States (includes Alaska and Hawaii) | |
| ODC | Other Direct Costs | |
| PA | Property Administrator | |
| PIPO | Phase In/Phase Out | |
| PLCO | Plant Clearance Officer | |
| POC | Point of Contact | |
| PRS | Performance Requirements Summary | |
| PWS | Performance Work Statement | |
| QA | Quality Assurance | |
| QAP | Quality Assurance Program | |
| QASP | Quality Assurance Surveillance Plan | |
| QC | Quality Control | |
| QCP | Quality Control Program | |
| TE | Technical Exhibit | |
| 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 any services, facilities, utilities (to include water), equipment, or materials to execute tasks in conjunction with this contract.
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. Contractor Furnished Items and Responsibilities.
4.1. Contractor Furnished Items. Everything included in this paragraph and its subparagraphs is basic to the contract and should be included in the contract price.
4.1.1. The Contractor shall provide all labor, supervision, transportation, vehicles, supplies, equipment, materials, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2. Facility Clearance. N/A
4.3. Materials. The Contractor shall provide materials such as but not limited to administration support, and supervision required to meet the requirements under Part 5, Specific Tasks, of this PWS
4.4. Equipment. The Contractor shall provide all equipment required for Satellite television services
4.5. Responsibilities of the Contractor.
a. The Contractor shall provide a safe working environment for key consultants and all persons in his/her employ as prescribed by Engineering Manual (EM) 385-1-1, “General Safety Requirements” and 29 CFR 1910 “Occupational Health and Safety”. The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government.
b. Contractor shall exercise extreme caution to protect building finishes, private property, military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatsoever kind and nature to all Government property, while in the performance of these contract requirements, which result in whole or in part from the negligence or omissions of Contractor, any of his Subcontractors or any employee, agent or any representative of the Contractor or Subcontractor(s).
c. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.
1) Hot Work. Contractor shall submit and obtain a written permit prior to performing “Hot Work” (welding, cutting, etc.) or operating other flame-producing/spark producing devices from the Ft. Bliss Fire Department. A permit is required from the Explosives Safety Office for work in and around where explosives are processed, stored, or handled. CONTRACTORS ARE REQUIRED TO MEET ALL CRITERIA BEFORE A PERMIT IS ISSUED. The Contractor will provide at least two (2) twenty (20) pound 4A:20 BC rated extinguishers for normal “Hot Work”. All extinguishers shall be current inspection tagged, approved safety pin and tamper resistant seal. It is also mandatory to have a designated FIRE WATCH for any “Hot Work” done at this activity. The Fire Watch shall be trained in accordance with NFPA 51B and remain on-site for a minimum of 30 minutes after completion of the task or as specified on the hot work permit.
2) Digging. Contractor shall submit and obtain a written digging permit prior to starting excavation work. No digging, trenching or excavation shall start until an approved digging permit is obtained. Contractor shall verify the location of all utilities prior to any excavation or demolition operation. Contractor is responsible to repair any utility damaged during the excavation work if the utility was indicated by the utility provider. NO demolishing, removing, or altering the areas shall take place until prior coordination between the Contractor’s Representative and the Government’s Quality Assurance Inspector.
d. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
PART 5
SPECIFIC TASKS
5. General. The Contractor shall provide all skilled personnel, equipment, supplies, tools, materials, supervision, and other items necessary to perform this prescribed project as defined in this PWS to meet the performance requirements, except for those items specified as Government furnished property and services.
5.1 The contractor shall install 136 satellite receivers, 34 multi-switches with power supply’s, 5 non-penetration roof antennas.
5.1.2 Satellite antennas shall be capable for tuning into satellite signal 110, 119 and 118. The contractor shall install 54 wall plates, connector wires, aiming satellite, programming and labor. Upon installation completion there shall be no visible wires. Cables shall be hooked up to TV.
5.1.3 Satellite programming services for 136 locations/receivers at Building 1008 & 1009. Receivers shall be installed on existing receiver mount.
5.1.4 Provide monthly programming for Japanese public television programming (NHK Japan Tokyo-dramas, sports, news and variety shows) plus 120 channel network package programming (English).
5.1.5 The contractor shall provide Satellite repair service call numbers for satellite receivers’ and all electronics. The contractor shall respond within 4 hours once the service call is placed by the COR.
5.2. Deliverables. N/A
5.2.1. Solid Waste Diversion Report. The Army is mandated by Sec. 2. (e)(ii) of Executive Order 13514, to divert at least 50 percent of non-hazardous solid waste by the end of fiscal year 2015. The Contractor shall provide a monthly Solid Waste Diversion Report to the Directorate of Public Works, Solid Waste program manager, 915-568-5724, lilia.a.lenhart.civ@mail.mil and COR.)
5.2.2. Spill Prevention & Control Procedures. The Contractor shall maintain spill prevention and control procedures which shall be submitted to the KO no later than 15 calendar days after contract award. At a minimum the procedures shall cover spill kits and reporting of spills.
5.2.3. Monthly Reports. The Contractor shall provide a Monthly Report to the COR not later than (NLT) the 5th calendar day of each month. At a minimum the report shall contain any issues that will hinder completion within POP date.
5.2.4. Contractor shall provide a monthly invoice to the COR NLT the 2nd calendar day of the following month.
5.3. Inspection Requirements. The Contractor shall provide quality services…
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