TEPS_Draft_PWS_19_Oct_2015.docx

Performance Work Statement (PWS)

TECHNICAL AND PROFESSIONAL ENGINEERING SERVICES

W91QUZ-12-C-0031

FOR

OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR INSTALLATION MANAGEMENT (OACSIM)

ARMY HOUSING DIVISION

19 October 2015

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. The Period of Performance reads as follows:

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 Part 46 and 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 will evaluate the Contractor’s performance under this task order in accordance with the Quality Assurance Surveillance Plan (QASP). (see FAR 52.246-4, Inspection of Services-Fixed Price) 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.

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 will 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. SECURITY REQUIREMENTS.

1.6.6.1. There are requirements for Contractor key personnel and alternates to have access to classified Government information in the performance of this effort.

1.6.6.2. When required by the Government representative, Contractor key personnel and alternates are required to attend classified meetings or classified briefings, a valid, current final Secret eligibility and access shall be granted and posted in the Joint Personnel Adjudication System (JPAS) to gain access.

1.6.7. PERSONAL IDENTITY VERFICATION (PIV).

1.6.7.1. 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.

1.6.7.2. 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.

1.6.7.3. 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 will be the subject of a background investigation conducted by the Government.

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

1.6.7.5. Contractor employees not meeting the minimum PIV requirements will 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.

1.6.7.6. Non-US citizens will 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.

1.6.8. VISIT NOTIFICATIONS.

1.6.8.1. 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.

1.6.11. 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.

1.6.12. RESEVED.

1.6.13. 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.

1.6.13.1. 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.

1.6.13.2. Multiple occurrences of loss or damaged access credentials will 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.

1.6.13.3. 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

1.6.14. 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.

1.6.15. RESERVED.

1.6.16 ANTI-TERRORISM AND OPERATIONS SECURITY REQUIREMENTS.

1.6.16.1. 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

1.6.16.2. 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 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.

1.6.16.3. 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 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 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.

1.6.16.4. 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/

1.6.16.5. 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.

1.6.16.6. For Contracts That Require Handling or Access to Classified Information. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.16.7. 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.

1.6.16.8. Threat Awareness Reporting Program: For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

1.6.16.9. 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 will 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.

1.6.17. SPECIAL QUALIFICATIONS:

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

1.6.17.2. 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.

1.6.17.3. 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.

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

1.6.19. 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.

1.6.20. 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 will 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.

1.16.20.1.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.

1.6.21. KEY PERSONNEL. The following personnel are considered Key Personnel by the Government:

1.6.21.1 Project Manager. The Contractor shall provide a Project 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 Project Manager is absent shall be designated in writing to the Contracting Officer. The Project Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Project 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.

1.6.21.2. All Key Personnel shall have the minimum requirements for each labor category as identified in Attachment 1.

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

OCONUS:

CONUS:

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.

1.6.22.1. The Contractor will 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.

1.6.24. PHASE-IN / PHASE-OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase-in / phase-out period. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.6.24.2. The Contractor shall provide weekly written phase-in reports to the Contracting Officer Representative (COR) covering the status of the phase-in tasks. A final phase-in report, covering all phase-in tasks shall be provided not less than five days prior to the conclusion of the phase-in period.

1.6.24.3. If phase-in tasks are not accomplished, the COR will notify the Contracting Officer (CO) in writing and the CO will address the Contractor to remedy or cure performance. If the Contractor fails to remedy performance issues the CO will take the appropriate action.

1.6.25 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 will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may 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.

1.6.25.1. 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 will 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 will 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 will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will 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 will 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 will 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 will 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 will 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 will 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 will 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. DEFECTIVE SERVICE. A defective service is service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.7. 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

2.1.8. 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.

2.1.9 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.

2.1.10. 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.

2.1.11. 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).

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

2.1.12. 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).

2.1.13. PHYSICAL SECURITY. Physical Security are actions that prevent the loss or damage of Government property.

2.1.14. 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.

2.1.15 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.

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

2.1.17. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). A QASP is an organized written document specifying the 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. READINESS RATINGS. Assesses the extent to which facilities contribute to or detract from the ability of the assigned units, organizations and tenants to accomplish their wartime/primary missions. Identified as a “C” rating: C1 (Good) to C4 (Failure).

2.1.20. SRM. Sustainment, Repair and Maintenance. Subset of Operations, Maintenance, Army (OMA) used to provide sustainment, repair and maintenance or modernization of Army facilities.

2.1.21. SUB-CONTRACTOR. A sub-contractor is another vendor that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.23. WORK DAY. One week day, Monday, Tuesday, Wednesday, Thursday, or Friday; unless specified otherwise.

2.1.24. WORK WEEK. A work week is defined as Monday through Friday; unless specified otherwise.

2.2 ACRONYMS.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1. Services. The Government will provide access to the following Government databases in order to perform the requirements associated with this contract:

· Installation Status Report (ISR)

· Real Property Planning and Analysis System (RPLANS)

· Headquarters Installation Information System (HQIIS)

· Enterprise Military Housing (eMH)

· ECONPACK

3.1.1. The Government will provide CAC cards.

3.2. Facilities. The Government will not provide facilities for this contract. The Contractor is required to work off-site.

3.3. Utilities. The Government will not provide utilities for this contract.

3.4. Equipment: Government provided equipment.

3.4.1. The Government will provide Headquarters Enterprise Network (HEN) network accounts and VPN access to Contractors who require access to the software listed in Paragraph 3.1.

3.4.2. The Government will provide no more than one Government Furnished Equipment (GFE) laptop computers with hard drive, write-capable optical drive as well as wired and wireless LAN capabilities. The computers will have a current HQDA network operating system image including the Microsoft Office suite installed and a CAC reader to allow for VPN access to the HEN.

3.4.3. The laptop shall be shared between Contractors who require access to the system servers. The Contractor shall be responsible for the safekeeping of all GFEs. The Contractor shall reimburse the Government for any loss or damage of GFEs.

3.4.4. The Contractor shall be responsible for ensuring monthly updates to the GFE to keep the laptops current on the HQDA enterprise network.

3.4.5. The Contractor shall return GFE upon termination/expiration of the contract.

3.5. Materials. The Government will not provide materials for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: Except for those items specifically stated to be Government furnished in Part 3, the Contractor shall furnish everything required to perform this PWS.

PART 5

SPECIFIC TASKS

5.0. BASIC SERVICES. The contractor shall execute specific tasks and provide services for the Office of the Assistant Chief of Staff for Installation Management (OACSIM), Army Housing Division, as outlined in paragraphs below.

5.1. Accompanied and Unaccompanied Master Plan (AFH/UH). The Contractor shall conduct a feasibility study and determine Army Housing utilization capabilities. This shall include facilities engineering review of Garrisons’ DD 1391 requests for Housing Construction, minor and major repair and sustainment of housing facilities. The Contractor shall provide technical updates to Installation Status Reports which determine the Garrison’s Facility Condition Assessment and Sustainability. The Contractor shall provide technical updates to Installation Status Reports which determine the Garrison’s Facility Condition Assessment and Sustainability. The Contractor shall provide these updates so that the reports are in accordance with AR210-20, MPTM, AR 420-1, and AR420-1 PAM at least 4 times a year or as requested. The Contractor shall ensure the Installation Status Reports adhere to the guidance in the following regulations AR210-20, MPTM, AR420-1, and AR420-1 PAM.

5.1.1. The Contractor shall assist in the development of AFH/UH Master Plans. The Contractor shall review the inventory databases as defined in Part 2 and identify inventory shortfalls and excesses. The Contractor shall review and assist in development of Army Housing utilization capabilities. This shall include facilities engineering review of the Garrisons’ requests for Housing Construction, minor and major repair and sustainment of housing facilities. The Contractor shall provide data updates to Installation Status Reports which determines the Garrison’s Facility Condition Assessment and Sustainability.