SOL AMD 0001_W9124724R0020_080924.pdf

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

This amendment to the solicitation is hereby issued to:

a. address the questions raised by industry prior to the solicitation end date

b. extend the solicitation closing date to 21 August 2024 by 1:00 PM

c. update PWS 1.2 number of systems (Closed Loop Chillers & Heaters systems, boiler systems, & Open Loop Tow er systems)

d. update PWS 5.1 clarify inspection and testing frequency

e. update PWS TE2: Deliverables Schedule to include PWS 5.4 para Inspection/Test of every Cooling Tow er

f. update TE 4-7

1. CONTRACT ID CODE PAGE OF PAGES

J 1 60

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

16C. DATE SIGNED

BY 09-Aug-2024

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 W9124724R0020

X 9B. DATED (SEE ITEM 11)

16-Jul-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

09-Aug-2024

CODE

MICC CENTER - FORT LIBERTY

MICC - FORT LIBERTY

2-1731 C STINER ROAD

FORT LIBERTY 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:

W9124724R0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 16-Aug-2024 01:00 PM to 21-Aug-2024 01:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

Part I General Information

1. GENERAL: This is a non-personal services contract to provide water treatment services and testing for all Water Systems (HVAC) at Fort Liberty, North Carolina to include Pope Army Airfield, Camp Mackall, Simmons Army Airfield, Airborne Special Operations Museum and Linden Oaks. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform water treatment services and testing for all water systems (HVAC).

1.1. Description of Services/Introduction: The contractor shall provide all labor, service and repair parts, components, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items and non-personnel necessary to performed the required chemical testing and treatment for the Closed Loop and Recirculation Tower Systems, as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services or acts of nature (God), which will be procured through an alternative method.

1.1.1. All Closed Loop systems shall be tested and treated every six months, no exceptions.

1.2. Background: The Directorate of Public Works (DPW), Fort Liberty, North Carolina has a requirement for treatment and testing of all Water Systems (HVAC) at Fort Liberty and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield, and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

The requirement calls for the contractor to furnish labor and necessary equipment and tools to ensure treatment and testing is accomplished in accordance with this Performance Work Statement (PWS). Fort Liberty DPW oversees approximately 918 939 systems that consists of 267 270 Closed Loop systems for Chillers, 614 633 Closed Loop Heater System boilers, 12 Steam System boilers, and 25 Open Loop Cooling Towers requiring treatment and testing service.

1.3. Objectives: The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications in Section 7 and Related Documents. The Contractor shall perform treatment and testing of Water Systems (HVAC) in accordance with (IAW) the terms and conditions of this PWS. The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the Deliverables schedule presented in the contract.

1.4. Scope: This is a chemical testing and treatment for the Closed Loop and Open Recirculation Towers Contract for Fort Liberty, North Carolina. The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost-effective ways to fulfill this requirement through innovation and utilization of best commercial practices. This is a full-service treatment and testing of Water

Systems (HVAC). The contractor shall be responsible for all costs incurred to maintain the treatment of all building Water Systems (HVAC) identified in the Technical Exhibit. The contractor shall determine the appropriate chemical residual levels and the procedures for the maintenance of those levels to ensure the water treatment program meets the performance specifications.

1.5. Period of Performance (PoP). The PoP consists of a twelve-month base and four twelve-month options period.

The PoP is as follows:

Base Period 01 September 2024 – 31 August 2025 Option Period 1 01 September 2025 - 31 August 2026 Option Period 2 01 September 2026 - 31 August 2027 Option Period 3 01 September 2027 - 31 August 2028 Option Period 4 01 September 2028 - 31 August 2029 Extension (-8) 01 September 2029 – 28 February 2030

1.6. General Information. The Contractor shall provide services for complete protection through the treatment of water using the Cooling Towers, Closed Loop, Hot Water Boilers and Steam Boilers located in the various facilities.

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

1.6.1.1. Quality Control Plan (OCP). The Contractor shall develop and maintain an effective QCP to ensure the services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent and insure non-recurrence of defective services. The Contractor’s QCP is the means by which the contractor assures that their work complies with the requirement of the contract. A copy of the QCP shall be provided to the KO and the COR within 5 days after the contract award for Government review and acceptance. At a minimum, the QCP shall:

1.6.1.1.1 The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP at a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspections. Contractor shall perform corrective actions to include procedures for addressing Government discovered non-conformances. Contractor shall conduct root cause analysis to prevent re-occurrence of discrepancies; trend analysis and collect and address customer feedback/complaints.

1.6.1.1.2. Within 24 hours of completion, upon request from the COR, the contractor shall provide, all reports generated. This shall include any summary information used to track quality control, including any charts/grafts.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after the KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.2. Non-Conformance Report (NCR). When the Contractor’s performance is unsatisfactory, an NCR will be issued. The Contractor shall reply in writing within a period specified in the NCR, giving the reasons for the unsatisfactory performance, corrective actions taken, and procedures to preclude reoccurrence.

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure the Contractor has performed in accordance with the performance industry standards. If defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect.

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 Performance Requirements Summary (PRS).

1.6.3. The Contractor shall submit their Quality Control Plan (QCP) via fax, email or in paper to the Contracting Officer (KO) within 10 days after contract award. Contractor shall receive the Contracting Officer’s (KO) acceptance in writing or 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.

1.6.4. The QCP shall address as a minimum the Contractor’s organizational chart and management structure, titles, responsibilities and qualifications, work, and quality control verification. The QCP shall be 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 Performance Requirements Summary (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. The QCP shall 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. 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. Contractor shall provide a maintenance plan to the COR 10 days after contract award. This plan shall have proposed days and times for testing and treating the closed loop systems in accordance with the technical exhibit.

1.8. Recognized Federal Holidays: The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The recognized federal holidays include:

New Year’s Day Martin Luther King Jr.’s Birthday

Washington’s Birthday Memorial Day

Juneteenth (National Independence Day) Independence Day

Labor Day Columbus Day

Veteran’s Day Thanksgiving Day

Christmas Day

1.8.1. 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.

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

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

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

1.8.3. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 07:00 am to 4:00 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. 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 shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40-hour work week; flexible work schedule may be considered.

1.8.3.1. The Contractor shall provide personnel support within 24 hours of notification outside the normal hours of operation as required, including holidays, to support the Directorate of Public Works (DPW) mission. Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO.

1.8.3.2. Place of Performance: The work to be performed under this contract will be performed at the buildings specified in the TE and only at the buildings listed in this TE 4-7.

1.9. Security Requirements: Contractor personnel performing work under this contract must be granted access onto the installation via the Automated Installation Entry (AIE) program.

1.9.1. Security Clearance: Contractor personnel shall gain access to Fort Liberty through the Post Automated Installation Entry (AIE) Badge System. To register and receive an AIE access control badge, the contractor must complete and submit the Directorate of Emergency Services (DES) Form118 to the COR. Once submitted a NCIC (National Crime Information Level Center) Level III background check will be completed on each employee requesting access. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to Fort Liberty. All contractor personnel shall be U.S. citizens and legal to work in the United States. Contractor personnel performing work under this contract shall be escorted by Government personnel at restricted areas. The Contractor shall provide at the Post Award Conference a list of all personnel requiring access to any facility or building. The list shall include the employee’s full name and social security number. The Contractor shall provide the COR with a list of Contractor personnel requiring entry area no less than three calendar days thereafter. It shall be the sole responsibility of the contractor to update the list as changes occur, or as requested by the COR and to provide the updated list no later than 24 hours after change is determined. This application form (DES Form 118) for access cases is located on the Fort Liberty Provost Marshal webpage http://www.bragg.army.mil/directorates/DES/pmo/pages/AIE.aspx. Under the Installation Access Control

Tab. Sponsorship is required for all non-DOC affiliated persons. The applications (DES Form 118) will be turned into the All-American Visitor Control Center (VCC) for processing and approval.

1.9.1.1. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.9.1.2. Visitor Group Security Agreement The contractor shall sign a Contractor Visitor Group Security Agreement to protect classified information involved in the performance under this contract or task order. The Agreement will outline responsibilities in the following areas: Contractor Security supervision; Standard Practice Procedures;

access, accountability, storage, and transmission of classified material; marking requirements; security education;

personnel security clearances; reports; security checks; security guidance, emergency protection; protection of government resources; DD Forms 254; periodic security reviews; and other responsibilities, as required.

1.9.1.2.1. Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1. Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.

1.9.1.2.2. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5. If classified materials are being stored. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.9.1.2.3. In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks. The Government may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.9.1.2.4. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than authorized Contractor employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.9.1.2.5. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

These procedures shall be included in the Contractor’s security program plan.

1.10. Anti-Terrorism Program

1.10.1. Anti-Terrorism (AT) Level I Am 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

1.10.1.1. 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 contract award with the results reported to the COR NLT 45 calendar days after contract award.

New employees shall complete the training within 10 calendar days of commencing performance of work under this contract, with the results reported to the COR NLT 15 calendar days of employee commencing performance of work under this contract.

1.10.1.2. iWATCH is simply common awareness. Contract employees can be good sources of information.

iWATCH training would include organization instructions on “things to look for” and a phone number to call in case the contract employees have information regarding possible terrorist or criminal activities. Providing Contractors with awareness materials such as the iWATCH brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include the COR in reporting procedures.

Samples of the iWATCH brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx and https://www.army.mil/e2/c/downloads/287489.pdf The Contractor shall brief the iWATCH program training standards provided by Requiring Activity (RA) Anti- Terrorism Office (ATO) to all of the Contractor employees and associated subcontractors. This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. The Contractor shall complete the training within 30 days after the contract award and within 5 days of new employees commencing performance with the results reported to COR no later than 30 days after the contract award.

1.11. 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 5 calendar days of each occurrence.

1.11.1. Safety Plan. The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the COR for review and acceptance within ten (10) days of commencement of work.

Revisions shall be submitted five (5) calendar days prior to the effective date of change.

1.11.2. Environmental and OSHA. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. 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. The Contractor shall submit Safety Data Sheets (SDS) for approval on all materials, five (5) days before delivery of the material, to the COR/ACOR. The Contractor shall provide upon request from the COR/ACOR all required data to meet environmental-mandated reporting requirements (e.g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation). The Contractor shall provide data to meet reporting deadlines and during compliance inspections upon request from the COR/ACOR. 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 spills, the Contractor shall immediately notify the KO or COR.

1.12. Organizational Conflict of Interest. The Contractor and 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. Special Qualifications.

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

1.13.1.2. Water Treatment Technicians shall have at least five (5) years of Closed Loop/Water Treatment experience. In addition, water technicians shall possess an Association of Water Treaters (AWT) training certificate.

1.13.1.3. 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.

1.13.1.4. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 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.

1.13.1.5. 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 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 10 work days of the termination.

1.13.1.5.1. Key Personnel. The Contractor shall provide a Project Manager (PM), an Alternate PM (APM) and a Quality Control Technician (QTC) who shall be responsible for the performance of the work under this contract.

The name of the PM, APM, and the QCT 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 7:00 AM to 4:00 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.13.1.5.2. Qualifications for all Key Personnel. The Contractor shall effectively educate its employees through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5, and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor employees who have a need to know, and the U.S. Government.

1.13.1.5.2.1. Project Manager (PM). The PM shall meet or exceed the following minimum qualifications of testing and treating the closed loop systems. The APM shall meet or exceed the same qualifications as the PM.

1.13.1.5.2.2 Project Manager: The Contractor shall provide a full-time Project Manager who is responsible for the performance of the work. The Project Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract and shall have at least five (5) years’ experience in Closed Loop/Water Treatment operations. Project manager shall possess an Association of Water Treaters (AWT) training certificate. The Project Manager does not have to be on site; however, the Project Manager shall be readily available between 0700 - 1600 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. In the event the Project Manager’s duty location is not on-site at Fort Liberty, then he or she shall be able to be on location within an hour should there be an event that requires his or her immediate attention.

1.13.1.5.2.3 Alternate Project Manager: The APM shall meet or exceed the same qualifications as the PM. The APM shall be readily available in the absence of the Project Manager between 0700 - 1600 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. Contractor shall include this position in their proposal response.

1.13.1.5.2.4 Quality Control Technician: The Contractor shall provide a full-time Quality Control Technician who shall be responsible for the quality of the work. The Quality Control Technician shall have at least three (3) years of experience in water and wastewater system operations and system inspections.

1.14. Identification of Contractor Personnel. All Contractor personnel attending meetings 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. Contractor personnel shall have a visual identification with picture and company name worn at all times. Contractor vehicle shall be identified with the company logo and telephone number. Letters shall be two inches high minimum and color brown.

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

1.16. 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.

1.17. 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 FAR Subpart

42.5. The post award conference will also be utilized to ensure Contractor understands all HSPD-12 requirements.

IAW AR 70-13 para 4-4. b. (1), the contracting office will hold periodic status or progress meetings with the KO, COR, Contractor, and other personnel as necessary (at least quarterly) to discuss problems, progress of the contract, and Contractor performance. This meeting will be held at a mutually agreed location, or telephonically. The COR must ensure that they receive copies of written minutes and other correspondence related to these meetings, including follow-up actions. These meetings shall be at no additional cost to the Government.

1.18. 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, is 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: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

1.18.1. 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 will only be in effect during the absence of the COR.

Part 2 Definitions & Acronyms

2. Definitions and Acronyms:

2.1. Definitions:

2.1.1. Conflicting directives. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved. The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but no later than one (1) workday of the discovery of a conflict.

2.1.2. 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.

2.1.2.1. Contractor Discrepancy Report (CDR): If a Government employee observes a defect which can be construed as intentional and/or grossly negligent defective performance, such employee shall report the defect, through appropriate channels, to the KO for a determination. Utilizing sound discretion, the KO may make a unilateral determination that a defect reported as an intentional and/or grossly negligent performance defect is an unintentional performance defect. When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to prevent recurrence.

2.1.3. 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.

2.1.4. 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.

2.1.5. Contractor personnel. Includes Contractor and subcontractor employees performing working under this contract.

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

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

2.1.8. Facility Clearance. A facility clearance (FCL) is an administrative determination that, from a national security standpoint, a facility is eligible for access to classified information at the same or lower classification category as the clearance being granted. The FCL may be granted at the Confidential, Secret, or Top-Secret level.

The FCL includes the execution of a Department of Defense Security Agreement (DD Form 441). Under the terms of the agreement, the Government agrees to issue the FCL and inform the Contractor as to the security classification of information to which the Contractor will have access. The Contractor, in turn, agrees to abide by the security requirements set forth in the National Industrial Security Program Operating Manual, commonly referred to as the

NISPOM.

2.1.9. Government-Furnished Property (GFP) or Government Property (GP). Property in the possession of or directly acquired by the government subsequently made available to the Contractor.

2.1.10. Key personnel. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.11. Local travel: Any travel that is required to perform services IAW the PWS that is within a 50-mile radius of the place of performance.

2.1.12. Performance Requirements 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.

2.1.13. Physical Security. Actions that prevent the loss or damage of government property.

2.1.14. Property Administrator (PA). The 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 a Contractor.

2.1.15. Property Management System. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.16. 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.

2.1.17. Quality Assurance Surveillance Plan (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

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

2.1.20. Work Day. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.21. 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 DD1466 Building Pass DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense

FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase-In/Phase- Out 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 Plan TE Technical Exhibit

Part 3 Government Furnished Property, Equipment

3. Government Furnished Items and Services:

3.1 The Government shall provide space at the Contractors Lane if space is available. The Contractor shall abide by all the rules and regulations with the DPW personnel in charge and running the Contractors Lane. If the contract ends, the contractor needs to be prepared to vacate the area on the last day of the contract and the contractor can resubmit if the property is available and the contractor has been awarded another valid contract. The contract has to have a good reason for need of space in Contractors Lane.

3.2 The Government will also provide storage in the main yard of DPW, off Butner Road. Glycol and other chemicals for the Closed Loop and Recirculation Tower Systems shall be stored. The Contractor is responsible for the Milvan and its contents if they have a problem, they should address their problems to the COR to help maintain a safe environment at all times.

3.3 Access to Secure locations: Contractor shall provide a list of names and social security numbers for technicians who will be working on the systems specified in this contract. If an employee no longer requires access to secure locations, the contractor shall turn in employee’s AIE access badge to the COR within 24 hours of this determination.

Part 4 Contractor Furnished Items and Services

4. Contractors Furnished Items and Responsibilities:

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

4.2. Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall provide all necessary materials to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall provide all necessary equipment to meet the requirements under this PWS.

Part 5 Specific Tasks

5.0 Specific Tasks.

5.1. Basic Services: The Contractor shall provide services for complete protection through the treatment of water used for Cooling Towers (CT), Steam Boilers (SB), Closed Loop Chillers (CL), and Closed Loop Hot Water Boilers (HWB) located at various facilities as indicated in Technical Exhibit 4 thru 7. All 267 CL, 614 HWB, 12 SB, and 25 CT systems identified on the TE shall be inspected and treated based on the requirements in this PWS. Inspection and testing of Close Loop Systems are to be conducted no less than once every 6 months and Cooling Towers conducted once monthly. Hot Water and Steam Boilers are inspected annually by DPW HVAC technicians; and is not a requirement for the contractor to perform. Commercial divers are not required for this contract.

5.1.1. General. Water treatment programs designed for all waterside systems shall provide for:

a. The prevention of biological fouling, deposition of scale, corrosion beyond equipment manufacturers limits, the appearance of slime, mold, rot, fungus, bacteria, algae, and their byproducts.

b. The prevention of pitting or other loss of metal beyond equipment manufacturers limits.

c. The prevention of the appearance of sludge or “gunk.”

d. The…