I_A_3_Comb_S-S_Atch_01_Performance_Work_Statement_Amended_1_Mar_16.pdf

Performance Work Statement (PWS)

TECHNICAL AND PROFESSIONAL ENGINEERING SERVICES

W9124J-16-R-TEPS

FOR

OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR INSTALLATION MANAGEMENT

(OACSIM)

ARMY HOUSING DIVISION

1 March 2016

PART 1

GENERAL INFORMATION

1.0. GENERAL.

1.1. DESCRIPTION OF SERVICES / INTRODUCTION. The Office of the Assistant Chief of Staff for

Installation Management (OACSIM) requires technical and professional engineering support to the Army

Housing Program to respond to the growing need for quality affordable housing and barracks for Soldiers and Families.

1.2. BACKGROUND. OACSIM is the champion of services, infrastructure and resources for ready and resilient Soldiers, Civilians and Families where they live, work and play. OACSIM is the Army’s installations expert and integrator of installation services that develops and implements strategies, policies, programs, and resources for an effective network of installations and capabilities.

1.2.1. The Army Housing Division of OACSIM is responsible for policy, prioritization, resourcing and oversight of Housing programs and services supporting Soldiers and their Families worldwide. Key focus areas include Family, Unaccompanied (Soldiers without dependents), and Community Housing advocacy.

The Army Housing Division provides Soldiers and Families a quality of life commensurate with their service and sacrifice. The Army Housing Division:

• Implements housing policy for the Secretary of the Army;

• Plans and programs funds to carry out Family Housing and Barracks housing missions;

• Finds innovative ways to provide and improve quality housing facilities and services; and,

• Executes programs to minimize Soldiers’ out-of-pocket expenses.

1.2.1.1. Army Housing Division functions include:

• Off-post Housing Services;

• Family Government-owned and Leased Housing;

• Unaccompanied (Barracks) Government-owned and Leased Housing;

• General Flag Officer Quarters;

• Training/Mobilization Barracks;

• Army Lodging Policy; and,

• Housing and Barracks Facility Standards.

1.2.2. Army Housing programs provide a major incentive for recruiting and retaining dedicated individuals to serve in the Army. Maintaining and sustaining safe, attractive, and convenient housing and barracks for our Soldiers and Families is one of the Army's continuing challenges.

1.3. OBJECTIVES. To provide the OACSIM Army Housing Division with Housing Facility Support

Services, in the following areas:

Accompanied and Unaccompanied Master Plan. The Contractor shall review data and determine

Army Housing utilization capabilities. This shall include technical review of Garrisons’ requests for Housing Construction, minor and major repair and sustainment of housing facilities. The

Contractor shall provide updates to Installation Status Reports and determine the Garrison’s

Facility Condition Assessment and Sustainability.

Independent Housing Review Analysis (IHRA). The Government will provide data on selected

Garrisons’ Government-owned or leased Family Housing. The Contractor shall review data and estimate the current number of excess or shortfall of this housing. The Contractor shall develop the IHRA reports that shall include Life Cycle Economic Analysis, housing condition assessments, analysis of all data bases for anomalies, analysis of local facilities by types and conditions. The Contractor shall deliver a comprehensive report on these specific Garrisons.

Program Objective Memoranda (POM), Budget Estimate Submission (BES). The Contractor shall provide analytical consultation on alternative solutions to accompanied and unaccompanied housing based on the Housing Master Plan. The Contractor shall develop complex budget reports, which shall include the review and analysis of data and result in specific exhibits.

Analysis and Research. The Contractor shall deliver Housing Reports that include analysis of

DD1391s, industry trends for Green Building Construction, industry Energy and Construction standards and Housing life cycle economic analysis.

1.4. SCOPE. The Contractor shall provide all personnel and supervision necessary to perform the services defined in the PWS. All tasks shall be performed to the standards set forth in this document. The

Contractor shall have an in-depth understanding of the requirements and the requisite depth and breadth of experience to make the program a success. The Contractor shall provide personnel that have the capability and experience to focus on, manage and execute the daily activities required to support this requirement.

1.5. PERIOD OF PERFORMANCE. The period of performance shall be for one (1) Base Year of 12 months and two (2) twelve-month option years.

1.6. GENERAL INFORMATION.

1.6.1. QUALITY CONTROL (QC). 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). The Contractor shall develop and maintain an effective Quality

Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the Government their quality control documentation. The initial Quality Control Plan (QCP) shall be included in the initial proposal submission.

If needed, a revised QCP shall be submitted no later than 30 days after award of the contract. After acceptance of the QCP, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed changes.

1.6.2. QUALITY ASSURANCE. The Government wills evaluate the Contractor’s performance under this task order in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a

Government-only document primarily focused on what the Government must do to assure that the

Contractor performs in accordance with the requirements of the contract.

1.6.3. RECOGNIZED HOLIDAYS. The OACSIM observes the following Federal holidays. OACSIM

Contractor employees that work off-site shall comply with their company’s holiday policy. Note: 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 observance.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.4. HOURS OF OPERATION/PLACE OF PERFORMANCE. The Contractor shall be available for communication in support of this contract Monday through Friday (core hours are 0900-1500 Eastern

Time). The Contractor shall attend meetings at the Government workplace as required by the Contracting

Officer Representative (COR) or Program Manager (PM). The work to be performed shall be performed at the Contractor facility. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5. TYPE OF CONTRACT. The government anticipates award of a firm-fixed price contract under this solicitation.

1.6.6. PERSONAL IDENTITY VERFICATION (PIV).

1.6.6.1. The Contractor shall comply with PIV procedures implemented by Homeland Security Presidential

Directive-12 (HSPD-12), Federal Information Processing Standards Publication (FIPS PUB) Number 201-

1, Office of Management and Budget (OMB) Guidance M-05-24 and OACSIM.

1.6.6.2. The Contractor shall insert this clause, FAR 52.204-9 as required by FAR 4.1303, in all subcontracts when the subcontractor is required to have physical access to a Federally-controlled facility or access to a Federally-controlled information system.

1.6.6.3. In accordance with HSPD-12, OMB M-05-24 and FIPS 201-1, unless a previous favorable background investigation has been completed in the last ten (10) years, all Contractor employees shall be the subject of a background investigation conducted by the Government.

1.6.6.4. No Contractor employee shall commence work until the personnel security questionnaire (PSQ) paperwork has been completed, reviewed and submitted to the Office of Personnel Management (OPM).

1.6.6.5. Contractor employees not meeting the minimum PIV requirements shall be the subject of a

National Crime Information Center (NCIC) check prior to beginning work in addition to the submission of the PSQ to OPM.

1.6.6.6. Non-US citizens shall not be used in the performance of this task order 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-US citizen to perform the required support.

1.6.7. VISIT NOTIFICATIONS.

1.6.7.1. The Contractor must be granted a facility clearance (FCL) through the Defense Industrial Security

Clearance Office (DISCO) and the Contractor Facility Security Officer (FSO) shall submit visit notifications via JPAS in the format prescribed and provided by OACSIM Security through the

Government COR.

1.6.7.2. If the Contractor is not cleared through DISCO, the Contractor will submit a signed visit request on company letterhead stationary through the Government COR for all contractor employees supporting the contract. The request will include the following:

Full name (last, first, middle)

Date of birth (MM/DD/YYYY)

Place of birth (city, state, country)

Citizenship

Type of last investigation

Date last investigation was completed

1.6.8. SECURITY REGULATIONS. All Contractor employees shall read all applicable security regulations, to be provided by the Government. Contractor personnel shall familiarize themselves with the

Government’s regulations and policies and site-specific regulations regarding access to sensitive materials, computer facility/IT network access, issue of access credentials, etc., which shall be provided as required by the Government.

1.6.9. SECURITY REQUIREMENTS:

1.6.9.1. This is an unclassified contract. There are no requirements for Contractor employee to have routine access to classified Government information in the performance of this contract effort.

1.6.10. ACCESS CREDENTIALS. The Contractor shall establish and implement methods of making sure all access credentials (Common Access Card (CAC); DD Form 1466, DoD Building Pass; Kastle Key

Systems) issued to the Contractor employee by the Government are not lost or misplaced and are not used by unauthorized persons. No access credentials issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering access credentials that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued access credentials by

Contractor personnel who no longer require access to Government information systems or Government facilities. The Contractor shall immediately report any occurrences of lost access credentials to the COR.

1.6.10.1. In the event access credentials are lost or damaged, the Contractor employee shall immediately notify the COR who will notify OACSIM Security of the loss or damage and request re-issue of the credential.

1.6.10.2. Multiple occurrences of loss or damaged access credentials shall be reported to the Contracting

Officer. When the replacement of access credentials is performed by the Government, the total cost of re-issuing the credential(s) shall be deducted from the monthly payment due the Contractor.

1.6.10.3. The Contractor shall prohibit the use of Government issued access credentials by any persons other than the Contractor employee to whom the credential is issued

1.6.11. IDENTIFICATION OF CONTRACTOR EMPLOYEES. 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. Contractor personnel shall also ensure that all documents or reports produced are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor employees requiring use of Government information systems or facilities shall meet the criteria required to obtain a Common Access Card.

1.6.12. RESERVED.

1.6.13 ANTI-TERRORISM AND OPERATIONS SECURITY REQUIREMENTS.

1.6.13.1. AT Level I Training. All Contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after task order start date or effective date of incorporation of this requirement into the task order, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

1.6.13.2. Access and General Protection/Security Policy and Procedures. This standard language text is for Contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided http://jko.jten.mil/ by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this task order, should the Force Protection

Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.6.13.3. iWATCH Training. This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training shall 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 task order award and within 15 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after task order award.

1.6.13.4. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new

Contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All Contractor employees must complete annual OPSEC awareness training, and adhere to organization’s security program. http://cdsetrain.dtic.mil/opsec/.

1.6.13.5. For Information Assurance (IA)/Information Technology (IT) training. All Contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All Contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.6.13.6. For Information Assurance/Information Technology Certification. Per DoD 8570.01M, DFARS 252.239-7001 and AR 25-2, the contractor employees supporting IA/AT functions shall be appropriately certified upon contract award. The baseline certifications as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.13.7. For Contractor Employees Who Require Access to Government Information Systems: All contractor employees with access to a Government info system must be registered in the Army Training

Certification Tracking System (ATCTS) at commencement of services and must successfully complete the

DoD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.13.8. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

1.6.13.9. For Contractors Requiring Common Access Card (CAC): Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with

Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee shall be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple

DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

http://cdsetrain.dtic.mil/opsec/

1.6.14. SPECIAL QUALIFICATIONS:

1.6.14.1. An emergency notification list shall be maintained for all Contractor employees and made available to the COR and PM.

1.6.14.2. The Contractor shall furnish qualified and/or certified personnel, and efficiently manage the number of personnel supporting this contract to maximize efficiencies in work accomplishment under the contract.

1.6.14.3. The Contractor shall ensure that its personnel are qualified to perform their assigned tasks at the beginning of the period of performance. The Contractor shall provide their personnel with any training needed to obtain or maintain proper qualifications to perform under this contract; scheduling training so that it does not compromise contract performance. Contractor personnel training is solely the responsibility of the Contractor, and the Contractor shall maintain records of all scheduled and completed personnel training.

1.6.15. POST AWARD CONFERENCE / PERIODIC PROGRESS MEETINGS:

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting

Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the

Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the

Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The COR shall schedule meetings with the Contractor as necessary, but not less than each quarter. The Contractor may request scheduled meetings, as necessary.

1.6.16. CONTRACTING OFFICER REPRESENTATIVE (COR):

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract;

issue written interpretations of technical requirements; including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry for

Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.17. CONTRACT CLOSEOUT. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of the task order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be de-obligated from the task order so the closeout process can begin as soon as possible upon expiration of the task order. A bilateral closeout modification will be forwarded to the Contractor by the Contracting

Officer and shall be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. The Contractor's failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt shall constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting

Officer to de-obligate excess funds and close this task order.

1.16.17.1.If the contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for de-obligation of excess funds that were obligated in those respective periods of performance.

1.6.18. KEY PERSONNEL. The following personnel are considered Key Personnel by the Government for performance of this contract. The Contractor shall provide complete resumes for key personnel and proposed substitutes including any additional information requested by the KO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The KO will notify the Contractor within fifteen (15) calendar days after receipt of all required information with the consent on substitutes.

1.6.18.1 Senior Analyst Engineer/Program Manager. The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the Program Manager is absent shall be designated in writing to the

Contracting Officer. The Program Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Program Manager or alternate shall be available between 0800 and 1630 Eastern Time, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. All Key Personnel shall have the minimum requirements for each labor category as identified below:

Key Personnel

Role Minimum

Education

Minimum

Experience

Minimum

Certifications

Senior

Analyst/Engineer/Program

Manager (Engineer IV)

Master’s Degree in

Engineering

Requires at least ten

(10) years of experience in facilities engineering, master planning and database management.

Individual shall functions as the senior manager directing the

Engineering Program

Must be (1) a

Registered

Professional Engineer, and (2) either

Leadership in Energy

& Environmental

Design (LEED), OR, Energy Manager certified.

Senior Analyst/Engineer

(Engineer III)

Bachelor’s Degree in

Engineering

Requires at least six

(6) years energy systems experience in the home building industry, to include building energy systems, energy analysis, thermal science, energy modeling software, building energy codes, green building rating systems and

ASHRAE standards

Either Leadership in

Energy &

Environmental Design or Energy Manager certified.

Senior Analyst (Analyst III) Master’s Degree in a

Business-related field

Requires at least six

(6) years experience in economic and statistical data analysis, production methods, inventory and cost analysis, and development of economic programs

N/A

1.6.18.2.The Contractor’s firm and the key personnel assigned to work these contract tasks shall have previous and/or current working experience with DoD real property lifecycle business policies, practices, and procedures. The work associated with this contract is highly complex in nature. The Contractor shall assign a Senior Program Manager to oversee the work execution.

1.6.18.3.An emergency notification list shall be maintained for all key Contractor personnel and made available to the COR and PM.

1.6.18.4.The Contractor shall furnish qualified and/or certified personnel, and efficiently manage the number of personnel supporting this contract to maximize efficiencies in work accomplishment under the contract.

1.6.18.5.The Contractor shall ensure that its personnel are qualified to perform their assigned tasks at the beginning of the period of performance.

1.6.19. CONTRACTOR TRAVEL. The Contractor shall be required to travel to Army Garrisons during the performance of this contract to attend meetings. As a minimum, for the base year, the Contractor shall travel as follows:

OCONUS:

Number of personnel: 3-5

Duration of trip: 10 days

Locations: 1 Europe; and, 1 Pacific

CONUS:

Number of personnel: 2-3

Duration of trip: 5 days

Locations: 40 garrisons; and, 1 HQ IMCOM.

As a minimum, for option years two and three, the Contractor shall travel as follows:

OCONUS:

Number of personnel: 1-3

Duration of trip: 10 days

Locations: 1 Europe; and, 1 Pacific

CONUS:

Number of personnel: 1-3

Duration of trip: 5 days

Locations: 6 garrisons; and, 1 HQ IMCOM.

The contractor shall provide a plan to accomplish the aforementioned travel within 30 days of contract award. The number of personnel, duration of trips and specific locations will be determined by the Army based on advertised Army Force Structure announcement and changes in Global Geo/political issues. See

Technical Exhibit 3 for a listing of all U.S. Army Installations pertinent to this requirement.

1.6.19.1. The Contractor shall be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. For all travel, the contract employee shall document all travel plans to include departure and arrival location, duration, arrangements, purpose and estimated costs. All travel documentation shall be presented to the COR for approval prior to commencement of the travel. This documentation shall be included as an attachment to the Monthly Status Report. Any travel taken without the appropriate documentation and prior authorization by the COR, may be subject to non-reimbursement.

1.6.20 ORGANIZATIONAL CONFLICT OF INTEREST: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting

Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan shall be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting

Officer may 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.

1.6.20.1. Organizational Conflict of Interest Specifics:

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The Contractor's objectivity and judgment are not biased because of its present or future interests

(financial, contractual, organizational, or otherwise) which relate to work performed under this contract;

and

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of

Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-

4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it shall not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components. (FAR 9.505-1).

(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant. (FAR 9.505-2).

(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors. (FAR 9.505-3).

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. (FAR

9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the Contracting Officer.

(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The

Contractor shall educate its employees regarding the restrictions imposed by FAR 9.505-4 so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. 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 shall know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the US Government.

g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the

Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the

Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting

Officers for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5 have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the

Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the

Government.

(2) The parties recognize that this clause has potential effects which shall survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. (FAR

9.503).

Part 2

DEFINITIONS & ACRONYMS

2.1 DEFINITIONS

2.1.1. ACCOMPANIED HOUSING.

Military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.

2.1.2. CONTRACTOR. A Contractor is a supplier or vendor who is under contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER. A Contracting Officer is a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the

Government. Note: The only individual who can legally bind the Government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). A COR is an employee of the US

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. CURRENT REPLACEMENT VALUE (CRV). Refers to the amount that an entity would have to pay to replace a facility at the present time, according to its current worth.

2.1.6. DEFECTIVE SERVICE. A defective service is service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7. DELIVERABLE. A deliverable is a specific contract item that can be physically delivered; but may include non-physical things such as meeting minutes.

2.1.8. DD 1391. Title: FY_Military Construction Project Data form. The DD Form 1391 is used by the

Department of Defense to submit requirements and justification sin support of funding requests for military construction. This form may be found at http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2125.html

2.1.9. ENTERPRISE MILITARY HOUSING (eMH). The eMH system is a Department of Defense web-based Joint (Army, Navy, Marines, and Air Force) enterprise military housing application with integrated modules that automate housing management processes that automates core housing business processes and sends data to service real property systems.

2.1.10. FACILITY CLASS GROUP (FCG). The FCG is an aggregation of one or more Army real property categories with similar functions and units of measure. Each FCG has a corresponding alphanumeric designation that is a six-character code (an upper case “F” and five numbers). FCs are generated and maintained within Real Property Planning and Analysis System (RPLANS/Web RPLANS). i.e. F72111 is the FCG that identifies Permanent Party Unaccompanied Barracks – Enlisted.

2.1.11. FACILITY CONDITION INDEX (FCI). The FCI is used in facilities management to provide a benchmark to compare the relative condition of a group of facilities.

2.1.12. FACILITY ENGINEERING REVIEW. A facility engineering review is a process of reviewing data as it applies to electrical, maintenance, environment, health, safety, energy and or civil engineering.

Facility engineering applies to Real Estate, linear structures such as roadways, fences, bridges, or pipelines and in also involved in the design and construction subject entities. A facility engineering review is accomplished by an individual who is certified in an engineering field.

http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2125.html

2.1.13. HEADQUARTERS INSTALLATION INFORMATION SYSTEM (HQIIS). The HQIIS is the

Army’s official database for real property records and complies with Office of the Secretary of Defense

(OSD) directives. It is the official source for the Army “Site”, “Base” and “Installation” structure and relationships. HQIIS is updated quarterly and provides data extracts to RPLANS system via a web interface quarterly. The RPLANS system pulls the HQIIS approved base structure quarterly to generate facility allowance by location based on assigned population. If the base structure is incorrect it can affect the accuracy of the facility requirements generated in the RPLANS system and the quantity rating produced in the Installation Status Report – Infrastructure (ISR-I). The RPLANS system also pulls the HQIIS facility assets quarterly by location to include construction type, design use category code, current use category code, units of measure, units of measure quantities, planned acquisition date, and planned disposal date.

Facility assets are compared to the RPLANS facility requirements to determine facility excesses and deficits by location. HQIIS will provide near real time data updates to the RPLANS system in the future.

2.1.14. INSTALLATION STATUS REPORT (ISR): ISR provides an evaluation of the facilities on a base.

ISR assesses the quality, quantity, and mission support of rated facilities, and provides estimated costs to improve the base’s current infrastructure through revitalization or modernization. In accordance with DA

PAM 415–28, there are nine primary infrastructure facility classes evaluated in the ISR: operations and training; maintenance and production; research, development, test, and evaluation; supply;

medical; administrative; housing and community; utilities; and ground improvements and mobility.

Detailed descriptions of each are provided in the most current ISR implementing instructions. Facility class ratings result from the aggregation of facility category group, subcategory, and category ratings that compromise each facility class.

2.1.15. INVENTORY DATABASE. The inventory database identifies the inventory of AFH or UH facilities. The inventory includes the building, building type, category code, gross square footage (GSF), net square footage (NSF), year build, number of spaces (for UH), and other facility indicators. RPLANS, eMH, and HQIIS are types of inventory databases.

2.1.16. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.17. LEADERSHIP IN ENERGY & ENVIRONMENTAL DESIGN (LEED). LEED is a green building certification program that recognizes best-in-class building strategies and practices. To receive LEED certification, building projects satisfy prerequisites and earn points to achieve different levels of certification.

2.1.18. LIFE-CYCLE ASSESSMENT. Also known as life-cycle analysis, ecobalance, and cradle-to-grave analysis. It is a technique to assess environmental impacts associated with all the stages of a product's life from cradle to grave (i.e., from raw material extraction through materials processing, manufacture, distribution, use, repair and maintenance, and disposal or recycling).

2.1.19. REAL PROPERTY MASTER PLANNING TECHNICAL MANUAL (MPTM). This manual thoroughly details processes and techniques and defines the tangible products of the Real Property Master

Plan (RPMP).

2.1.20. REAL PROPERTY, PLANNING AND ANALYSIS SYSTEM (RPLANS). RPLANS is one of the

OACSIM’s baseline installation management systems. RPLANS provides the Army with an automated planning system that generates facility allowances by location for the current year and six planning years based on units and population assigned and space planning criteria. RPLANS generates facility allowances by Category Code and Facility Category Group (FCG) for all Army locations worldwide. The system integrates assigned population, real property assets, space planning criteria, and programmed new construction from official sources to create a Tabulation of Existing and Required Facilities (TAB) for each

Army base, as mandated by AR 210-20.

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2.1.21. MILCON. Military Construction. Appropriations fund major projects to construction or maintain facilities. Available for five (5) years.

2.1.22. MISSION SUPPORT FUNCTIONAL RATINGS. Assesses the functionality of the asset use on a scale of 1 to 100. Identified as an “F” rating: F1 (Good) to F5 (Non-functional).

2.1.23. PHYSICAL SECURITY. Physical Security are actions that prevent the loss or damage of

Government property.

2.1.24. Q STATUS. The quality rating (Q-rating) is based on the relationship between the calculated “cost to fix” and the calculated facility plant replacement value. This rating is reported starting at the facility level and rolled upward to the facility class.

Facility Class Groups (FCGs) with no improvement cost factors (certain land FCGs) have no quality rating.

2.1.25. QUALITY RATINGS. Assesses the condition of the assets use. Identifies improvement and restoration cost to a desired condition. Identified as a “Q” rating – Q1: Good to Q4: Failure.

2.1.26. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.27. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). A QASP is an organized written document specifying the methodology to be used for surveillance of Contractor performance.