Solicitation Amendment_W911SG25Q0021 00001_FY25 PCC5 Rental_Lease of Tents and Solar Panel Light Towers_20250108.pdf

0012155563

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Update ADDENDUM TO 52.212-1 Instructions to Offerors to extend the offer due date to 12:00 PM MST on Tuesday, 14 January 2025.

2. Update Paragraph 5.5.1 Table 1 of the Performance Work Statement (PWS) to reflect the most recent requirements.

3. Update List of Attachments Purchase Description to reflect the same as Paragraph 5.5.1 Table 1 of the PWS.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

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

16C. DATE SIGNED

BY 08-Jan-2025

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 W911SG25Q0021

X 9B. DATED (SEE ITEM 11)

27-Dec-2024

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 X is extended, 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 1 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

08-Jan-2025

CODE

MICC - FORT BLISS (919TH CBN)

111 PERSHING RD

FT BLISS TX 79916

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911SG25Q0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 10-Jan-2025 12:00 PM to 14-Jan-2025 12:00 PM.

The following have been modified:

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services SEP 2023

Quote Preparation and Submission Instructions

(1) Request for Information (RFO): All questions concerning this procurement, either technical or contractual must be submitted in writing, via email. Questions shall be emailed to joreenmarie.christian.mil@army.mil and tamika.l.williams32.mil@army.mil no later than 3 January 2025 at 5:00 pm MST. The body of the email shall be numbered per question and contain questions in a clear and concise manner with specific reference to the page number and section of the solicitation, if applicable. All questions will be consolidated and answered on one document. Questions and answers will be available in the form of an amendment to the solicitation. The Government is not obligated to award a contract because of this notice, nor does it obligate the Government to pay for any offer preparation costs.

(2) Quotes must be received no later than 12:00 pm MST on 14 January 2025. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes. Offerors must provide the following information in their quote: UEI # and CAGE CODE #.

The Offeror shall submit electronic copies of their quotation package via email with the subject line W911SG-25-Q-0021, to the following points of contacts: Contract Specialist: SFC Joreen Marie Christian at joreenmarie.christian.mil@army.mil and Contracting Officer MSG Tamika Williams at tamika.l.williams32.mil@army.mil.

(3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section.

(4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

(5) The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below. The evaluation will consist of an evaluation of the Qualifying Criteria and the Factors outlined below. After completion of the evaluation, the Government may conduct discussions. The Government intends to award a single Firm Fixed Price (FFP) Purchase Order (PO) as a result of this solicitation.

Qualifying Criteria: All listed qualifying criteria submissions will be evaluated on a Price and Other Factors basis. Other factors include products that align to the requirements listed in the PWS and attached product description. The qualifying criteria shall be submitted per the instructions below:

Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.

The Offeror’s Unique Entity Identifier (UEI) Code and Dun & Bradstreet (DUNs) Number.

Name, telephone numbers and e-mail address of person(s) to be contacted for questions regarding the quote, and for any required discussions.

Terms and Conditions: The Offeror must include product description, photos, and a statement that it either: (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or, (b) takes exceptions to any terms or conditions of the solicitation, clearly identifies those exceptions, and provide complete accompanying rationale in the quote to justify the exceptions. The Government may determine the quote unacceptable for any exceptions to the terms and conditions of this RFQ.

Specific Quote validity period (required minimum is 30-days).

Quote Format and Content: Failure to provide all required information aforementioned above may render the quote unacceptable.

Special Instructions:

Contractor driver(s) must be able to obtain entry onto CPEN and pass background checks as required.

The Contractor shall be responsible for ensuring they have proper access to the installation as required.

PERFORMANCE WORK STATMENT

PERFORMANCE WORK STATEMENT

Joint Modernization Command (JMC), Rental/Lease of Tents and Solar Panel Light Towers

PART 1

GENERAL INORMATION

1. General. This is a non-personal services contract to provide rental/lease of tents and solar panel light towers support services both at the National Training Center (NTC), Fort Irwin, California. Consistent with FAR 37.104 guidance, the Government shall not exercise supervision or control over contractor employees. Contractor employees are accountable to the Contractor, which 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 provide rental/lease of tents and solar panel light towers to include maintenance services 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. The Joint Modernization Command (JMC) required additional resources to support our program management efforts at the Project Convergence-Capstone Five (PCC5) at NTC to conduct experiments, display and showcase future capabilities which shall enable JMC to meet or exceeds its mission requirements.

1.3. Objectives. The objective of this contract is to provide and maintain safe temporary tent structures for those participants supporting the PCC5 mission that relates to the Army’s modernization efforts. In addition, this requirement includes set-up, tear-down, and servicing of tents structures at the designated training location in California.

1.4. Scope. The Contractor shall provide the appropriate amounts of qualified labor and management necessary to perform quality services ordered under contract in a cost effective, safe, and environmentally sound manner for rental/lease of tents and solar panel light towers. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, California State Law, Occupational Safety and Health Administration (OSHA) regulations, Army, and installation regulations.

1.5. Period of Performance. The applicable period of performance shall be from 08 February 2025 through 26 March 2025. (Reference Para 5.5.1, Table 1 for dates and quantities)

1.6. Hours of Operation. The Contractor is responsible for conducting business, between the hours of (8:00 AM and 5:00 PM, Mondays through Sundays) except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. All setup, teardown and delivery of equipment shall occur between the hours of 8:00 AM to 5:00 PM unless otherwise directed by the Government. 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.

1.6.1. Federal Government Holidays.

a. New Year’s 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 Juneteenth 19th day of June 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 by the Government, 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 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 Contracting Officer 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 Contracting Officer.

1.6.2. Inclement Weather Operations. In cases of severe weather, the Contracting Officer may authorize exceptions to the normal hours of operation. 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 Contracting Officer 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 Contractor’s place of performance shall be both at the National Training Center (NTC), Fort Irwin, California.

1.8. Type of Contract. The Government will award a Firm Fixed Price 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 submit one electronic copy of its QCP to the Contracting Officer for approval, within five (5) calendar days after contract award. The QCP shall be in either Adobe PDF or MS Office format. The Contractor shall submit proposed changes to the QCP to the Contracting Officer for approval at least five (5) days prior to making them.

1.9.2. Corrective Actions. At any time, it is determined by the Contracting Officer that the Contractor’s quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, the Contractor shall take action to correct the deficiency. If a Contract Non-Conformance Report (NCR) 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. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.11. Antiterrorism (AT) and Operations Security (OPSEC).

1.11.1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days after contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil.

1.11.2. Access and General Protection/Security: Policy and Procedures. Contractor and all associated subcontractor 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 associated subcontractors 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 ten (10) calendar days of contract award and within fifteen (15) calendar days of new employees commencing performance, with the results reported to the COR no later than fifteen

(15) calendar days from contract award.

1.11.4. OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.11.5. Access to Government Information Systems: RESERVED.

1.11.6. Security Clearance Requirements: RESERVED.

1.11.7. Contractor Employees Authorized to Accompany the Force: RESERVED.

1.11.8. Contractor Employees Requiring Performance or Delivery in a Foreign Country: RESERVED.

1.11.9. Threat Awareness Reporting Program (TARP): IAW AR 381-12, 1-10 all DA contract employees possessing a security clearance shall receive annual Threat Awareness and Reporting Program (TARP) training instructed by a Counterintelligence (CI) agent or other trainer as specified in AR 381-12, 2-4b. Training shall be accomplished annually during the organization's scheduled TARP training session. In those instances where live training is not possible, such as in deployed theaters of operation. CI units may, in coordination with appropriate commanders, develop alternative means to conduct threat awareness training and meet the requirements of AR 381-12.

1.12. Security Clearance Requirements: RESERVED.

1.12.1. 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.

1.12.2 Safety. The Contractor shall establish and maintain a safety plan, of which a draft plan shall be submitted to the Contracting Officer at the time of proposal. Contractor’s final Safety Plan shall be submitted no later than (NLT) 10 calendar days after contract award.

1.12.3. 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.

1.12.4. 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 Contracting Officer or authorized representative for final resolution. The Contractor shall notify the Contracting Officer 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 Contracting Officer 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 Contracting Officer or designated representative and COR.

1.12.5. 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 to or occupational illness of on-duty Contractors; (2) Damage to Government furnished material, property, or equipment; (3) Contractor accidents involving Army property and personnel.

1.12.6. Emergency Services.

a. The Contractor shall employ competent personnel, capable of dealing with minor personnel injuries.

Contractor employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the Contracting Officer or COR within 30 minutes of the incident.

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

The costs of any emergency medical care provided at military facilities will be reimbursable to the Government.

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

1.13. 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 (Contracting Officer or COR) to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the Army and Fort Bliss, Texas/WSMR, New Mexico, and Fort Irwin, California. Contractor personnel shall comply with installation security and access procedures and the Contractor’s final Safety Plan.

1.13.1. Motor Vehicle Operators. Contractor 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.

1.13.2. Authorization to Work. Contractor 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.

1.13.3. 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.

1.13.4. 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) employee 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 Contracting Officer 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 contractor personnel 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.

1.13.5. Conflict of Interest.

a. Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract will receive no privileged, proprietary, or otherwise sensitive information without the Government’s knowledge and without both the Government and Contractor implementing appropriate safeguards or agreements thereon. Contractor employees shall not divulge any information accessed and obtained during the course of performing these tasks to other Contractor staff or anyone outside the Government except as required for contract performance. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a mitigation plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may direct other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contract 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 or a former U.S. government employee if employing that person would create a conflict of interest. Additionally, the contractor 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 (QARs) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the contractor.

1.13.6. 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.

1.13.7. Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that contractor personnel present a professional appearance. Contractor 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 all contractor providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall investigate and take action, including removal from the job site any employee as determined by the Contractor, or if directed IAW Section 1.13 of the PWS 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 the Procurement Integrity Act (see FAR 3.104) relative to release of contract information or actions or discussions which may prejudice future contract actions. The Contractor shall ensure no contractor employees conduct political activities or events while performing work on the contract.

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

1.13.9. Special Qualifications: RESERVED.

1.13.10. Key Personnel: The follow personnel are considered key personnel by the Government.

a. Project Manager (PM)/alternate PM.

1) The Contractor shall provide a PM who shall be responsible for the performance of the work and shall be on-site during the execution of this requirement. The name of this person and an alternate who shall act for the Contractor when the PM is absent shall be designated in writing to the Contracting Officer within 10 calendar days after contract award. Thereafter, the Contractor shall provide notice of any changes to the Contracting Officer five (5) business days prior to an expected change and no less than 24 hours after unplanned changes. The PM or alternate PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract.

2) The PM or alternate PM shall be available between 0700 hours and 1700 hours, Monday through Sunday except when the Government facility is closed.

1.13.11. 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.

1.14 Evaluation Factors: Contractor shall provide a technical proposal that details the following requirements:

1. Contractor shall provide equipment diagrams and sketches to include dimensions and photos of equipment proposed ( Pictures must be of actual equipment and not stock photos).

2. Contractor shall provide a mobilization and demobilization schedule.

3. Contractor shall provide CARB registration documentation.

4. Contractor shall provide coverage plan detailing how they will ensure personnel are on site from 8:00 AM to 5:00 PM daily.

5. Contractor shall not have a CPARS Rating less than “Satisfactory” within the past five (5) years.

1.14.1. The Joint Modernization Command (JMC) will conduct a Technical Evaluation on each proposal received by the Contracting Office for this requirement.

PART 2

DEFINITIONS, ACRONYMS & ABBREVIATIONS

2. Definitions and Acronyms.

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

2.2. 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.

2.3. 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.

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

2.5. Contracting Officer. 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.

2.6. 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.

2.7. 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.

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

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

2.10. 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.

2.11. 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.

2.12. 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.

2.13. 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.

2.14. 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.

2.15. 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.

2.16. 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.

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

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

2.19. 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.

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

2.21. Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

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

2.23. 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.

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

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

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

2.27. 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.

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

2.29. 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.

2.30. Wide Area Workflow (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.

2.31. Workday. The number of hours per day the Contractor provides services IAW the contract.

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

2.33. Acronyms.

AT Antiterrorism CMR Contractor Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative 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 KO Contracting Officer NCR Non-Conformance Report

OCI Organizational Conflict of Interest ODC Other Direct Costs PA Property Administrator 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 SAM Systems for Award Management SCR Service Contract Report SP Service Provider TE Technical Exhibit ULSD Ultra Low Sulfur Diesel WAWF Wide Area Workflow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services.

3.1 The Government shall provide the required Ultra Low Sulfur Diesel (ULSD) only, as a fuel source for generators during the period of performance. At the time of delivery, the Contractor shall provide all generators with a full tank of fuel and solar panel light towers with batteries and/or fuel as required for equipment operations.

3.1.1 The Government will not be responsible for any repair parts, fluids for generators (oil/grease/DEF), or batteries required for operations of equipment. This includes any equipment required for the operations of the solar panel light towers.

3.1.2 The Government will not return the items with a full tank of fuel at the end of POP.

3.2 Services: The Government will provide licensed individuals for proper operation of equipment.

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 are 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.

The Contractor shall also establish and maintain all equipment required for delivery and set up of tents and solar panel light towers. All equipment shall be maintained in a safe, and operable condition and meet the local, State, and Federal safety requirements. Equipment for the execution of this contract is the responsibility of the Contractor unless otherwise designated as Government-furnished.

4.2. 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).

4.3 Responsibility for Contractor Property. The Government shall not be responsible in any way for damage due to fire, theft, accident, or any other cause to Contractor supplies, materials, or equipment, or the Contractor employee’s personal belongings.

4.4 Licenses and Permits. The Contractor shall, at no additional cost to the Government, obtain all licenses and permits required for performance of work and for complying with all applicable local, state, and Federal laws, rules, and regulations.

4.5 Materials. The Contractor shall provide materials to meet the performance of this contract such as but not limited to repair parts, fluids for generators (oil/grease/DEF), and batteries. This includes any equipment required for the operations of the solar panel light towers.

4.5.1 The Contractor shall provide an emergency 30-gallon spill kit readily available to handle any potential damaging leaks and spills cause by their equipment. Spill kit shall include at a minimum the following: shovel, assortment pads and socks, goggles, gloves, disposable bags with ties, and assortment material/pellets.

4.6 Equipment. The Contractor shall be responsible for all equipment such as but not limited to ladder/scaffolding and/or motorized lifts.

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. Tent Requirements: The Contractor shall deliver the requested number of tents with flooring and generators to include Heating Ventilation Air Conditioning (HVAC) appropriately sized to the square footage of the structure provided, diesel fueled generators for powering HVAC, ample lighting, and electrical outlets. Tents shall be resourced with all required equipment as described (Reference Table 1, Para 5.5.1).

5.1.1 Tent structure shall include the followings:

5.1.1.1 Vinyl sidewall panels with no windows and a minimum wall height of 12 feet. All vinyl is required to be 22 oz. or greater PVC coated and white in color. All vinyl shall be no more than 5 years in age, free of dirt, grime, mildew, and mold.

5.1.1.2 Capability of vinyl side wall panels to open a minimum 8 feet to maximum 10 feet wide opening to bring equipment in and out of tent,

5.1.1.3 Minimum 3 sets of solid metal or metal/tinted glass doors; All doors must be lockable and free of dents and scratches.

5.1.1.4 Double doors 76” wide for entry and egress,

5.1.1.5 Contractor shall provide ample LED lighting as required by the government.

5.1.1.6 Contractor…