W9124721Q9010 Amendment 0002.pdf

W9124721Q9010

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 post the Questions and Answ ers received in response to the solicitation and to update the PWS.

Changes/additions are highlighted yellow .

1. CONTRACT ID CODE PAGE OF PAGES

S 1 25

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

16C. DATE SIGNED

BY 19-May-2021

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9124721Q9010

X 9B. DATED (SEE ITEM 11)

20-Apr-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

19-May-2021

CODE

MICC CENTER - FORT BRAGG

MICC - FORT BRAGG

2175 REILLY ROAD STOP A

FORT BRAGG NC 28310-5000

W91247 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X 1

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS & ANSWERS

Question/ Comment

Document in Question

(SF 1449, PWS,

TE, etc.)

Page/Paragraph in Question

(be as specific as possible)

Question/Comment (one per line)

Government Response/Disposition

1 PWS Section 1.3 The PWS states that the contractor is repsonsible for replacement of all defective or worn parts. Does this include parts that are damaged or defective on the LFCs prior to the contractor being awarded this contract? If so, does Fort Bragg or the MICC know the current status or condition of each of the LFCs?

With the exception of the machine at B-1732, all LFCs are currently fully operational with no deficiencies annotated. The LFC at B-1732 is in the process of being repaired separately from this contract.

2 PWS Section 1.6.3 The project QCP is due within 10 days of contract award. How many copies (for reviewers) will be required for the QCP and how many versions (draft, draft-final, final, etc.)

will be required?

In accordance with TE 2, Deliverables Schedule, one (1) copy shall be submitted electronically to the KO and COR.

The Contractor will be required to revise the QCP only if it does not meet the PWS requirements. The number of versions will depend on the Contractor's ability to submit a QCP meeting PWS requirements.

3 PWS Section 1.6.7 Section 1.6.7 of the PWS calls for inspections of any subcontractor work by the prime contractor. How often are we required to inspect any subcontractor work?

There is no Government-mandated frequency for inspection of subcontractor work. The prime contractor is responsible for ensuring any subcontractor work meets the requirements of the contract and PWS.

4 PWS Section 1.6.9 Section 1.6.9 of the PWS refers to"customer comment cards" on contractor work. Will these comment cards be generated by the LFC user and submitted to the contractor directly? If so, is contractor responsible for any service or repair requests that may be requested in the comment card?

No, the customer comments "ICE Comments" are submitted to DPW and are reviewed by DPW prior to being transmitted to the Contractor. If a comment received needs to be addressed, the COR will contact the KO and the Contractor. Repairs will not be dictated by a comment card.

5 PWS Section 1.14.1 Is markup (G&A and profit) allowed to be added to the ODCs discussed in Section 1.14.1 and how should this be presented in the quote submission?

No, ODC's will be billed as a direct cost reimbursement. As stated in the CLIN description, vendors shall not quote pricing for the ODC CLINs. No profit or markup is authorized on the ODC CLINs.

6 PWS Section 1.15 Section 1.15 of the PWS discusses meetings that the contractor is responsible for attending. How many meetings should we assume we will be required to attend?

The frequrency of meetings will vary and are at the discretion of the Government. Historically, the COR holds a monthly meeting to ensure proper communication between the Contractor and the COR and to review the repairs being made. Expectations for meeting frequency can be addressed at the post award conference. In accordance with PWS paragraph 1.15, all meetings can be either in person or via email.

7 PWS Section 1.17 and 1.17.1

Sections 1.17 and 1.17.1 discuss warranties for parts installed during the repair process. Are we to warranty parts even if the part is broken as a result of misuse by the LFC user?

In accordance with PWS paragraph 1.17 and 1.17.1, the Contractor shall warrantee all parts and materials associated with work the Contractor has performed. As stated in PWS paragraph 5.1.2.6.2, "[a]t no time shall the Contractor proceed with NFWT repair" under this contract.

8 PWS Section 5.1.2.2 Section 5.1.2.2 discusses Priority 1 DMOs. How many priority 1 DMOs should we assume we will need to respond to during a year?

Based on historical data, approximately 18 Priority 1 DMOs are issued annually. Please note this is an estimate only and is subject to change. The Contractor will be responsible for performing all DMOs issued under this contract at the quoted firm fixed price.

9 PWS Section 5.1.2.2.1 Section 5.1.2.2.1 discusses Priority 2 DMOs. How many priority 2 DMOs should we assume we will need to respond to during a year?

Based on historical data, approximately 8 Priority 2 DMOs are issued annually. Please note this is an estimate only and is subject to change. The Contractor will be responsible for performing all DMOs issued under this contract at the quoted firm fixed price.

10 PWS Section 5.1.2.2.2 Section 5.1.2.2.2 discusses Priority 3 DMOs. How many priority 3 DMOs should we assume we will need to respond to during a year?

Based on historical data, approximately 2 Priority 3 DMOs are issued annually. Please note this is an estimate only and is subject to change. The Contractor will be responsible for performing all DMOs issued under this contract at the quoted firm fixed price.

11 PWS Sections 5.1.2.6 and 5.1.2.6.1

Sections 5.1.2.6 and 5.1.2.6.1 discuss NFWT damages and repairs. Are we to assume that we will not perform any NFWT repairs? If we are to perform NFWT repairs will these repairs be paid from the ODCs or by the LFC user?

In accordance with PWS paragraph 5.1.2.6.2, "[a]t no time shall the Contractor proceed with NFWT repair on this requirement."

12 PWS PG 21, 1.6.5 How many meeting for the QCP There is no required frequency for these meetings. Expectations for meeting frequency can be addressed at the post award conference.

13 PWS PG 26, 1.1.5 How many progess meeting There is no required frequency for these meetings. Expectations for meeting frequency can be addressed at the post award conference.

14 PWS PG 32, 5.1.2.8 Are the perfornace meeting on a routine scheduled - how many meeting

There is no pre-determined schedule for these meetings.

Expectations for meeting frequency and schedule can be addressed at the post award conference.

15 PWS Specific PG 31, 5.1.2.2 How are the Priority 1 evaluted on weekends

Overtime and compensatory time are not authorized on this contract.

All DMOs will be issued during normal hours of operation. If notification is given to the Contractor such that the required response time would fall after 4:30 pm Monday – Friday, or on a weekend or Federal holiday, the Contractor shall respond at the beginning of the next work day.

See revised PWS paragraph 5.1.2.2.4

16 PWS PG 32, 5.1.2.4 Is there a requiments to maintence help desk service

No, the Contractor will not be required to maintain a help desk.

17 PWS PG 41, i. Are LFCs fully opertional See the response to Question 1.

18 PWS PG 31, 5.1.2.2.1 What is the delivey method of service call ticket to the COR There is no pre-determined delivery method. The COR and Contractor will work out an appropriate and mututally satisfactory method at the post-award conference.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Liquid Food Composter Maintenance and Repairs

Fort Bragg, NC

PART 1

GENERAL INFORMATION

1. GENERAL. This is a non-personal services contract to provide periodic repairs and annual scheduled maintenance to nine (9) liquid food composters on the Fort Bragg installation. The Government will not exercise any supervision or control over the contractor personnel performing the services herein. Contractor personnel 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 maintenance, service, and repair for liquid food composters as defined in this 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 Directorate of Public Works (DPW), Fort Bragg, North Carolina requires contractor services to maintain and service nine (9) liquid food composters at Army Dining Facilities located at Fort Bragg and Camp Mackall, N.C. Technical Exhibit (TE) #3, “Liquid Food Composter Site Location” lists each liquid food composter by location, model, and serial number. The Contractor shall ensure maintenance and repairs are accomplished in accordance with the PWS and TE #5, “Liquid Food Composter User’s Manual.”

1.3. Objectives. The Contractor shall ensure all work accomplished in support of this PWS meets all applicable federal, state, and local laws, regulations, and directives to include safety, environmental, and OSHA procedures, the publications listed in Part 6 of this PWS, and the TEs listed in Part 7 of this PWS. The Contractor shall be responsible for all costs incurred to maintain the proper operating condition and repair of all the equipment listed in TE #3. Work performed under this contract shall include maintenance, service and repairs, and replacement of any and all defective or worn parts of all components, devices, and equipment required to maintain the liquid food composters in accordance with the manufacturer’s instructions and specifications.

1.3.1 The basic service objectives includes the following:

1.3.1.2 Regular maintenance and/or preventive examinations and checks as outlined in TE #5, “Liquid Food Composter’s User Manual.”

1.3.2.3 Repairs/part replacement not covered under regular maintenance.

1.3.3.4 Perform diagnostic status of liquid food composter equipment.

1.3.4.5 A full initial assessment of the liquid food composters utilizing TE #4, “Initial and Scheduled Maintenance Checklist,” to determine the current state of the systems within 30 days of the contract award and annually thereafter.

1.4. Scope. The Contractor shall perform liquid food composter maintenance and repairs services in accordance with the PWS and TE #5. During performance of the contract, the Government reserves the right to add or remove facilities and/or the level of services required. A modification to the contract will be executed to incorporate these changes.

1.5. Period of Performance. The period of performance shall be for a base period of twelve (12) months and four (4), 12-month option periods thereafter.

1.6. Quality Control

1.6.1 Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.6.2. 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 procedures and methodologies for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services, supplies and products described in the contract are performed at or above the standards defined in the PWS and TE #1, “Performance Requirements Summary (PRS).”

1.6.3. The Contractor shall submit their QCP within ten (10) days of performance start date. After acceptance of the QCP, the Contractor shall receive the Contracting Officer’s (KO) acceptance in writing of any proposed changes to the QC procedures. The Contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and acceptance prior to implementation. The QCP shall address as a minimum:

1.6.4. Contractor’s organizational and management structure, titles, responsibilities and qualifications, work, and quality control verification. A comprehensive program to plan and deliver quality services and/or supplies described in the contract, prioritize services, and concentrate on the most essential services as identified in the PRS.

1.6.5. The QCP shall contain methods of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, trend analysis of process deficiencies, and problem resolution.

1.6.6. Describe a method, acceptable to the Government, of identifying deficiencies in the quality of service performed under the contract before the level of performance becomes unacceptable. Describe a method for preventing and addressing processes for corrective actions without dependence upon Government direction.

1.6.7. An established inspection system covering all services required by the contract. The plan shall specify areas to be inspected on both a scheduled or unscheduled basis and the title of the individual who will do the inspection.

Maintain a system to inspect their subcontractor services and products to ensure compliance with contract requirements, and applicable laws and regulations. Specify tasks or areas to be inspected on a scheduled or unscheduled basis, and how inspections are to be conducted. The Contractor shall provide a current list of all titled positions and the names of the incumbents who will perform the inspections and the percentage of the work that will be inspected regularly.

1.6.8. Inspection Files. The Contractor shall keep records on-site of all inspections conducted by the Contractor and the necessary corrective action taken. Documentation of all contractor quality control inspections and corrective actions shall be maintained by the contractor throughout the term of this contract.

1.6.9. The QCP shall have a customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). The Government-collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process.

1.6.10. The QCP shall include a disaster contingency plan. The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.

1.7. Non-Conformance Report (NCR). When the Contractor's performance is unsatisfactory, an NCR will be issued.

The Contractor shall reply in writing within the period specified in NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.8. Quality Assurance. The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.9. Recognized Federal Holidays. The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.9.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The Contractor shall work on the days the Government is scheduled to work.

1.9.2 When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

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

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

1.9.3. Hours of Operation. The Contractor shall be responsible for providing services, between the hours of 8:00 AM

- 4:30 PM Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings. The Contractor shall coordinate with the COR to schedule services so as to not interfere with facility operations. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract.

No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedules may be considered.

1.9.3.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.

1.9.4. Place of Performance. The Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract will be accomplished at dining facilities on Fort Bragg and Camp Mackall, NC, as detailed in TE #3.

1.10. Security Requirements.

1.10.1. Access and General Protection/Security Policy and Procedures. All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative.

Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Visitors Control Center (VCC) detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.10.1.1. Contractor personnel shall have an Automated Installation Entry (AIE) Badge within ten (10) days of performance start date and must maintain the level of security required for the life of the contract.

1.11. Anti-Terrorism Program

1.11.1. Anti-Terrorism (AT) Level I Training. Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.11.1.1. iWATCH Training. The Contractor shall brief all personnel performing work under this contract on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of performance start date with the results reported to the COR no later than 45 calendar days after performance start date. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract, with the results reported to the COR no later than 15 calendar days of employee commencing performance of work under this contract.

1.12. Safety. The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence.

1.12.1. 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 laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR for final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. 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 COR, to halt all Contractor performance with a commensurate deduction of monies due 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 any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

1.13. Special Qualifications

1.13.1. Organizational Conflict of Interest. The Contractor and any subcontractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the Contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5.

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. The Contractor shall notify the KO immediately whenever Contractor 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.

1.13.2. General.

1.13.2.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.13.2.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.13.2.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.13.3. Key Personnel. Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the Contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

1.13.3.1. The following are considered key personnel by the Government: Program Manager (PM). The Contractor shall provide a PM who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 8:00 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.13.3.2. Qualifications for all Key Personnel.

1.13.3.2.1. Program Manager/Alternate Program Manager (PM/APM). The PM and APM shall be able to understand, speak, read, and write the English language.

1.13.4. Other Qualifications.

1.13.4.1. Maintenance and Repair Technicians. All Maintenance and Repair Technicians shall meet the following minimum qualifications: two (2) years of experience within the past five (5) years as maintenance and repair mechanics on liquid food compost equipment that are a similar type to the equipment detailed in this requirement.

The work experience shall have been with an established company that has repaired and installed equipment of similar types to those covered under this contract (Liquid Food Composters). Technicians shall possess the skills and knowledge necessary to periodically add more Power enzyme (microorganisms and enzymes) and to periodically replace the Power chips (housing for the microorganisms).

1.13.5. Identification of Contractor Personnel. All Contractor personnel attending meetings, answering government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.13.5.1. Contractor personnel shall wear visible identification (i.e. clothing) identifying themselves as a contractor.

1.13.5.2. The Contractor shall develop, maintain, and provide the COR an updated personnel roster. The roster must include the names and positions of all Contractor personnel. The Contractor shall submit an initial roster to the COR within ten (10) working days after performance start date and as changes to personnel occur.

1.13.5.3. The Contractor shall immediately report any lost government issued identification cards to the COR and Military and/or DOD police agencies.

1.13.6. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure its personnel do not perform work under the influence of alcohol, illegal prescribed drugs, or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.13.6.1. Conduct of Personnel. The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. In accordance with Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S.C. 1382 (1972), The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.13.6.2. Fraud, Waste, and Abuse. In accordance with AR 11-2, Internal Management Controls, the Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor-occupied work areas.

Contractor personnel shall be encouraged to be alert to and report to designated representatives suspected situations of fraud, waste, and abuse or other intentionally dishonest conduct observed during or in the performance of contract.

1.14. Other Direct Costs (ODC). During the performance of this requirement, the Contractor shall be required to provide materials (i.e., liquid food composter repair/replacement parts) in order to satisfy the mission. An ODC Contract Line Item Number (CLIN) will be incorporated into the resulting contract to cover these costs. NO LABOR will be authorized to be billed against this ODC CLIN and is identified as a Not to Exceed CLIN.

1.14.1. The Contractor shall submit monthly invoices for reimbursement citing the appropriate CLIN. Copies of receipts shall be attached to the invoice to support charges. Original receipts shall be maintained by the Contractor and made available to Government auditors upon request. Actual ODC expenses shall be submitted within five (5) working days after the material is finished.

1.14.2. The Government will reimburse the Contractor for all authorized repair/replacement parts and materials used in the repair and/or maintenance of liquid food compost machines on Fort Bragg. The Government will not reimburse the Contractor for the purchase of any tools required to make the repairs. Contractor’s expenses as used herein are defined as the price paid to the supplier as evidenced by the supplier’s invoice. The Contractor shall acquire the parts and materials required for the performance of this contract at the lowest price obtainable, secure reasonable competition for such purchases when available and take all discounts and obtain all rebates possible.

These discounts and rebates, and any warranties, shall be credited to the Government. The parts and materials shall be standard products of manufacturers regularly engaged in the production of such parts and materials. The Contractor shall maintain original supplier’s invoice, tickets, sales slip(s), warranties, or other documents identifying items purchased under this contract. All documents shall be available for the KO’s review and audit.

1.14.3. In the event a single repair part or a replacement part exceeds $2,500, the Contractor will notify the COR, who will request authorization from the KO to procure. The Contractor shall keep all supporting purchase documentation, to be made available upon request by the Government, supporting the Contractor’s effort to obtain the best price for the stated repair/replacement part. The purchase of stated item will be billable to the ODC CLIN in the resulting contract award for this requirement.

1.15. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. In accordance with AR 70-13 para 4-4.b(1), the contracting office will hold periodic status or progress meetings with the KO, the COR, the contractor, and other personnel as necessary (at least quarterly). At these meetings the KO and/or COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government, and can be either in persion or via email.

1.16. Contracting Officer Representative (COR). The KO will designate, in writing, a COR. The COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The KO will retain the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR shall be addressed, in writing, to the KO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Ensures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

1.16.1. The Contracting Officer will designate, in writing, an Alternate Contracting Officer’s Representative. The Alternate COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the Alternate COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof.

The Contracting Officer will retain the ultimate responsibility for the administration of the contract. The Alternate COR’s authority shall only be in effect during the absence of the COR.

1.17. Warranties. The Contractor shall warrantee all parts and material associated with work the Contractor has performed, or authorized to be performed, for a minimum period of one year, starting the day the work and materials are accepted by the COR.

1.17.1. Warranty Records. The Contractor shall develop and maintain records on all parts and equipment containing warranties that are purchased and utilized under this contract. Records shall identify the item, nature, and expiration date of the warranty, and the name and location of the firm to be contacted regarding warranty entitlements. The Contractor shall provide a copy of these warranties to the COR as they are received, and records shall be made available to the COR upon request.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

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

2.1.3. 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.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.7. 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.

2.1.8. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS.

2.1.9. NON-FAIR WEAR AND TEAR (NFWT). Any item damaged through other than Fair Wear and Tear, (e.g., serving utensils thrown in composter, any metal item that can tear the lining of the composter, etc.).

2.1.10. PERFORMANCE REQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.11. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.12. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.13. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.14. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.16. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract.

2.1.17. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations COR Contracting Officer Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DMO Demand Maintenance Order DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer NCR Non-Conformance Report NFWT Non-Fair Wear and Tear OCI Organizational Conflict of Interest ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: Not Applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2. Materials: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.3. Equipment: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract that are not listed under Part 3 of this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. Liquid Food Composter (LFC) Maintenance and Repair

5.1.1. The Contractor shall provide Liquid Food Composter maintenance, service, and repair.

Contractor personnel responsible for performing maintenance/repairs will be required to meet all criteria for entry onto the installation and for operating a vehicle on Fort Bragg.

5.1.2. Description of Services:

5.1.2.1. The Contractor shall provide regular maintenance and/or preventative examinations and checks in accordance with TE #5, and include the following:

• Mechanical exam/check chain tension (once every 12 months, or more often if necessary)

• Replenish power enzyme (in accordance with TE #5 Section 14.5, or more often if necessary)

• Replace power chips (every 3 to 5 years, or more often if necessary)

• Clean LFC drains as required to ensure functioning drainage.

• Inspect water lines for leakage.

• Perform tasks as outlined in TE #4, “Scheduled Maintenance”.

• Provide, at minimum, 30 days’ notice of supplies (power enzyme, power chips) needed for regularly scheduled maintenance.

• Replace/replenish enzymes and/or power chips as needed (Contractor is responsible for purchasing the enzymes and power chips)

• Immediately report examination findings that require maintenance outside the scope of this contract.

• Provide repairs/replacement of parts not covered under regular maintenance.

• Replace/repair any/all parts which cause the LFCs to malfunction.

• Provide annual on-site examination of LFCs in operation.

• Provide an annual report, 30 days after performance start date and annually thereafter, on the usage of the LFCs (to include food processed and carbon diverted).

5.1.2.2. DMOs. DMOs are service repair orders issued by DPW for Fort Bragg, NC. The DMOs come in 3 categories: Priority 1 (Emergency), Priority 2 (Urgent) and Priority 3 (Routine). The required response times for each priority are as follows:

5.1.2.2.1. Priority 1 Orders: The Contractor shall provide service and repairs to Priority 1 DMOs to resolve emergency (life, health, safety, environmental, or property risk) situations. The Contractor shall acknowledge receipt of Priority 1 DMOs within one (1) hour after notification by call, text or email. Repairs and service shall be completed within 24 hours, excluding when parts are ordered or delay is authorized by the COR. A service call ticket shall be provided when repairs are completed.

5.1.2.2.2. Priority 2 Orders: The Contractor shall provide service and repairs to Priority 2 DMOs to resolve urgent situations. Urgent situations are defined as an immediate need that would result in inconvenience to facility occupants or patrons if unaddressed. The Contractor shall acknowledge receipt of Priority 2 DMOs within two (2) hours after notification by call, text or email. Repairs and service must be completed within two (2) work days, excluding when parts are ordered or delay is authorized by the COR. A service call ticket shall be provided when repairs are completed.

5.1.2.2.3. Priority 3 Orders: The Contractor shall provide service and repairs to Priority 3 DMOs to resolve routine situations. Routine situations are defined as cosmetic repairs and maintenance. The Contractor shall acknowledge receipt of Priority 3 DMO within three hours of notification by call, text or email. Repairs and service must be completed within 15 working days excluding when parts are ordered or delay is authorized by COR. A service call ticket shall be provided when repairs are completed.

5.1.2.2.4. Overtime and compensatory time are not authorized on this contract. All DMOs will be issued during normal hours of operation. If notification for any DMO is given to the Contractor such that the required response and/or completion times would fall after 4:30 pm Monday – Friday, or on a weekend or Federal holiday, the Contractor shall respond and/or resume service at the beginning of the next work day.

5.1.2.3. The Contractor shall acquire the parts and materials required for the performance of this contract, all parts and materials shall be standard products of manufacturers regularly engaged in the production of such parts and materials. The Contractor shall submit for approval from the COR for any part or material exceeding $2,500 prior to purchase (see PWS paragraph 1.14.3). The Contractor shall maintain original supplier's invoice, tickets, sales slip(s), warranties, or other documents identifying items purchased under this contract. All documents shall be available for the KO’s review and audit. The Contractor shall keep a running cost of the ODC CLIN for the contract with supporting documentation. The Contractor shall notify the KO and COR when the Contractor has utilized 75% of the ODC CLIN “Not to Exceed” value. The Contractor shall attach to the DMO a listing and cost of all parts, materials and man hours used on a repair. This information shall be supplied to the COR within two (2) days of completion of a repair.

5.1.2.4. The Government reserves the right to issue the Contractor multiple DMOs.