ODC_Support_Contract_MILCON_PWS_23_Feb_2018.docx

Performance Work Statement (PWS)

Operation Directorate, Construction (ODC) Military Construction Technical and Analytical Services Contract

PART 1

GENERAL INFORMATION

1. GENERAL. This is a non-personal services contract to provide technical and analytical services in support of the Department of the Army’s Military Construction Programs. The Government shall not exercise any supervision or control over the contract service providers performing the services, herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 DESCRIPTION OF SERVICES / INTRODUCTION. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, materials, supervision, and other non-personnel services necessary to perform technical and analytical services in support of the Army’s military construction program development as defined in this PWS; except for those items specified as Government furnished property and services. The Contractor shall perform to the standards set forth in this contract.

1.2 BACKGROUND. The Office of the Assistant Chief of Staff for Installation Management (OACSIM) is the lead proponent for executing day-to-day military construction Planning, Programming, Budgeting and Execution System (PPBES) responsibilities. OACSIM is the appropriation sponsor for Military Construction, Army (MCA) and Non-Appropriated Funded Construction (NAFC) projects. Military construction is governed by public law and each project must be specifically authorized and funded in MILCON legislation or performed under special statutory authority. The MILCON Program involves a sequence of reviews by the Office of the Secretary of the Army, the Office of the Secretary of Defense, Office of Management, and Budget, and the Congress. The MILCON Integrated Programming Team (IPT) is the principal forum responsible for providing Army leadership with detailed analysis and strategic program recommendations for military construction needs, capabilities and priorities for the Active Army, Army National Guard and U.S. Army Reserve in order to support major Army initiatives within given fiscal constraints. Army Commands, Army Service Component Commands and Direct Reporting Units submit requirements to OACSIM in accordance with program guidance. Requirements are vetted through the MILCON IPT and result in development of a Future Year Defense Program that is approved by the Stationing Senior Review Group. Once approved, MCA Budget Justification Books for the Budget Estimate Submission (BES) and President’s Budget (PB) are developed and coordinated. Justification Data is also compiled for the NAFC Program. Justification data is ultimately submitted to Congress and used to defend program requirements.

Contract requirements in this PWS are cyclical in nature and support the surge requirements for MILCON IPT and Budget Book processes.

1.3 OBJECTIVES. To provide technical and analytical support services to produce iterations of the BES Budget Book, PB Book, NAFC Budget Book, Program Review Book, MILCON IPT meetings, and NAFC Planning and Programming Workshop.

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

1.5 PERIOD OF PERFORMANCE (POP). The period of performance shall be for one (1), 12 month Base Year and four (4), 12 month Option Years.

1.6 GENERAL INFORMATION.

1.6.1 QUALITY CONTROL (QC). The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the contractor is assured that the work complies with the requirement of the contract. As a minimum, the Contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary.” After acceptance of the Quality Control Plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system. The QC Plan will be submitted with the Contractor’s proposal.

1.6.2 QUALITY ASSURANCE (QA). The Government will evaluate the Contractor’s performance under this contract in accordance with the QA Surveillance Plan. This plan is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 GOVERNMENT REMEDIES. The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items”.

1.6.4 RECOGNIZED HOLIDAYS.

1.7.4.1 New Year’s Day

1.7.4.2 Martin Luther King Jr.’s Birthday

1.7.4.3 President’s Day

1.7.4.4 Memorial Day

1.7.4.5 Independence Day

1.7.4.6 Labor Day

1.7.4.7 Columbus Day

1.7.4.8 Veteran’s Day

1.7.4.9 Thanksgiving Day

1.7.4.10 Christmas Day

1.6.5 HOURS OF OPERATION. The Contractor shall provide support to meet the requirements of this PWS. The Contractor shall at all times maintain an adequate work force for the performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential. OACSIM core hours of operation are 0900-1500.

1.6.6 PLACE OF PERFORMANCE. The work to be performed under this task order will be performed at the Contractor’s site. However, the Contractor may be required to attend meetings with Government Program Managers and shall be able to attend ad hoc meetings during peak budget cycle requirements within thirty minutes of being called by the Program Manager.

1.6.6.1 TYPE OF CONTRACT. The Government anticipates awarding a firm-fixed price contract for this requirement.

1.6.7. SECURITY REQUIREMENTS:

1.6.7.1. 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.

1.6.7.2. When required by the Government representative, if contractor personnel are required to provide full-time support on-site at secure Government facilities or attend meetings, a valid, interim or final Secret eligibility and access must be posted in the Joint Personnel Adjudication System (JPAS) to gain access.

1.6.8. Personal Identity Verification (PIV).

1.6.8.1. The Contractor and its employees 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.

1.6.8.2. The Contractor shall insert this clause 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.

1.6.8.3. 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.

1.6.8.4. No contractor employee will commence work until an appropriate personnel security investigation (PSI) paperwork has been submitted to the Office of Personnel Management (OPM) and an interim eligibility/suitability determination has been completed.

1.6.8.4.1 When access to classified information or the contractor employee will be providing full-time, on-site support at a secure Government facility, the Contractor will process the investigation request through the Defense Industrial Security Clearance Office (DISCO).

1.6.8.4.2 When contract support does not involve access to classified information and support is not provided at a secure Government facility, the Government will process the investigation request with assistance from the Government COR.

1.6.8.5. In addition to the submission of the required PSI, contractor employees not meeting the minimum requirements will be the subject of a National Crime Information Center (NCIC) check by OACSIM Security prior to beginning work regardless of the sensitivity of the work being performed.

1.6.8.6. Non-US citizens will not be used in the performance of this contract 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.

1.6.9. Visit Notifications:

1.6.9.1. If the Contractor has previously been granted a facility clearance (FCL) through DISCO, the Facility Security Officer (FSO) shall submit visit notifications via JPAS in the format prescribed by the OACSIM Security Officer; the prescribed format will be provided to the Contractor by the Government COR.

1.6.9.2. 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

1.6.10. Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when Contractor employees having access to combinations no longer have a need to know such combinations or are no longer providing support. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.11. All Contractor employees full-filling the requirements of this contract, are required to read and sign a Nondisclosure Statement, prior to beginning work. Performance of this contract may require Contractor employees to access data and information proprietary to the Government agency or of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of the Government or others.

1.6.12. All Contractor employees shall read all applicable security regulations, guidance and briefings, 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 by the Government, as required.

1.6.13. Physical Security: The majority of work will be performed off the Government worksite. In the event that the Contractor employee is required to work on the Government site, the Contractor employee shall be responsible for safeguarding all Government property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.14. 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.

1.6.14.1. The Contractor shall develop procedures covering access credentials that shall be included in the Quality Assurance Control Plan. Such procedures shall include turn-in of any issued access credentials to Contractor employees who no longer require access to Government information systems or Government facilities. Failure of the Contractor to ensure Government issued access credentials are returned to the Government can result in delayed payment by the Government.

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

1.6.14.3. Multiple occurrences of loss or damaged access credentials by Contractor employees 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.

1.6.14.4. 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. The Contractor shall prohibit the opening of secure or locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the OACSIM Security Office.

1.6.15. Identification of Contractor Employees: All Contractor employees 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 with assigned duties requiring on-site performance shall meet the requirements to obtain a DoD building pass. Contractor employees requiring use of Government information systems or facilities shall meet the criteria required to obtain a CAC and building specific identification badge requirements/specifications.

1.7 Antiterrorism and Operations Security Requirements

1.7.1 AT Level I training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. 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 contract start date or effective date of incorporation of this requirement into the contract, 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

1.7.2 Access and general protection/security policy and procedures: This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.7.3 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.

1.7.4 For contractors that do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.7.5 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 contract award and within 15 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award.

1.7.6 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/

1.7.7 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 appointment to IA/IT functions.

1.7.8 For information assurance (IA)/information technology (IT) certification: Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.7.9 For contractors authorized to accompany the force: DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

1.7.10 For Contract Requiring Performance or Delivery in a Foreign Country: DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

1.7.11 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); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.7.12 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.

1.8 OTHER REQUIREMENTS

1.8.1 ORGANIZATION AND CONSULTANT CONFLICTS 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.) 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.

1.8.1.1. 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-

e. 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

(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.

(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.

(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. 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.

f. 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 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.

g. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues 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 U.S. Government.

h. 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.

i. 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.

j. 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 to determine whether a conflict exists in connection with such procurements.

k. 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.

(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.

l. 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.

1.8.2 CONTRACTOR MANPOWER REPORTING REQUIREMENT. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil. The required information includes: (1) Contracting Office and COR (2) Contract Number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Actual direct labor hours (including Sub-Contractors); (6) Actual direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

1.8.3 POST AWARD CONFERENCE / PERIODIC PROGRESS MEETINGS. The Contractor shall attend any post award conference convened by the Government within 15 days following award, monthly for the first three months, and then as designated by the Government. The Contractor may request a meeting at any time by submitting a written request to the COR. The Contracting Officer (KO), COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will explain to the Contractor how the Government views the Contractor's performance and the Contractor will explain to the Government of problems, if any, being experienced. The Contractor shall take appropriate action to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The Contractor shall provide written minutes of these meetings to the CO and the COR by 4:00PM EST not later than 3 calendar days following the meetings for review and acceptance.

1.8.4 CONTRACTING OFFICER REPRESENTATIVE (COR). The COR will be identified by a separate letter. 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.

1.8.5 KEY PERSONNEL. The Subject Matter Expert (SME) for this requirement is considered key personnel by the Government. The Contractor shall provide a SME who shall be responsible for the performance of the work. The name of the SME and alternate SME shall be designated in writing to the Contracting Officer. The SME or alternate SME shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The minimum requirements for an SME include:

i. Subject Matter Expert (SME). Serves as an expert on military construction (MILCON) and creating/updating MILCON cost estimates. Use of Government-unique estimating and project development software (not off-the-shelf) is required. Develops cost estimates/modifications to existing estimates for primary and supporting facility features for the many systems that comprise a large and complicated MILCON project. Exercises independent judgment and provides recommendations for cost trade-offs or adjustments to the current working estimate. Expert understanding of MILCON tracking and estimating data base for reporting systems and associated cost elements; including foundations, electrical systems, HVAC systems, excavation, concrete, associated utility systems and roadways.

Qualifications: Minimum Bachelor's Degree in a recognized National Society of Professional Engineers discipline. Minimum/General Experience: 5 years of related experience. Experience relating to direct field construction support, technical project management, construction estimating, and programmatic cost management.

1.8.6 DATA RIGHTS. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the sources codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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

1.9.1 If the contract/task order 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.

PART 2

DEFINITIONS & ACRONYMS

2.1 DEFINITIONS.

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

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

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

2.1.5 DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6 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.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

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

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12 WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2 ACRONYMS.

ACSIM Assistant Chief of Staff for Installation Management

AFH Army Family Housing

AR Army Regulation

ARNG Army National Guard

BB Budget Book

BES Budget Estimate Submission

CAC Common Access Card

CAPCES Construction Appropriations Programming Control and Execution System

CLIN Contract Line Item Number

CMRA Contract Manpower Reporting Application

KO Contracting Officer

COR Contracting Officer’s Representative

DFAS Defense Finance and Accounting Service

DISCO Defense Industrial Security Clearance Office

DoD Department of Defense

DRU Direct Reporting Unit

DU Decision Unit

ECONOPACK Economic Analysis Package

FAR Federal Acquisition Regulation

FCL Facility Clearance

FMR Financial Management Regulations

FSC Federal Service Code

FSO Facility Security Officer

HAP Housing Assessment Program

HQDA Headquarters, Department of the Army

IPT Integrated Programming Team

JPAS Joint Personnel Adjudication System

MCA Military Construction Army

MILCON Military Construction

NAF Non-appropriated Fund

NAFC Non-appropriated Fund Construction

NCIC National Crime Information Center

OACSIM Office of the Assistant Chief of Staff for Installation Management

OCCI Organizational and Consultant Conflicts of Interest

OCCIP Organizational and Consultant Conflicts of Interest Plan

ODC Operations Directorate Construction

OSD Office of the Secretary of Defense

PAX Programming and Execution System

PB President’s Budget

PIV Personal Identity Verification

PM Program Manager

POC Point of Contact

POP Period of Performance

PRB Program Review Book

PRS Performance Requirements Summary

PSQ Personnel Security Questionnaire

PWS Performance Work Statement

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Plan

SME Subject Matter Expert

SSRG Stationing Senior Review Group

USAR United States Army Reserves

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

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

3.1.1 Programming Administration and Execution System (PAX).

3.1.2 DD1391 Processor Authorizations.

3.1.3 Construction Appropriations Programming Control and Execution System (CAPCES).

3.2 The Government will provide AKO accounts.

3.3 The Government will provide CAC cards.

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

3.5 Utilities: The Government will not provide any utilities for this contract.

3.6 Equipment: The Government will not provide any equipment for this contract.

3.7 Materials: The Government will not provide any materials for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General. The Contractor shall furnish everything needed to perform the tasks noted in this PWS except what is noted in Part 3 above.

PART 5

SPECIFIC TASKS

5.0 SPECIFIC TASKS. The Contractor shall provide the necessary personnel to execute specific tasks and services identified, below, in support of the OACSIM, Operations Directorate, and Construction Division (ODC). This contract provides technical and analytical services in support of the following:

· Submit monthly status report summarizing tasks accomplished and deliverables achieved during the preceding month.

· Production of Budget Books for the Budget Estimate Submission (BES) and President’s Budget (PB) Books for both the Military Construction Army (MCA) and Non-Appropriated Fund Construction (NAFC) .

· Production of Program Review Book (PRB) for MCA, only. NAFC does not produce a PRB.

· Data reconciliation/collection/justification support for the MCA and NAFC.

· Option Tasks: Support for the MILCON Integrated Programming Team (IPT) Command/Component Meeting, MILCON IPT Deliberation/Voting Board Meeting, and the NAFC Planning and Programming Workshop. Each option task shall be separately priced.

Submission deadlines are fixed and critical to the successful performance of the contract. In particular, the PB Book is the Army’s MILCON budget to the President. Failure to successfully deliver the President’s Budget may result in a zero budget for the MILCON program. A preparation calendar for the BES and PB shall be submitted in advance for review and approval by the Contracting Officer’s designated representative. It will show the projected submission/review dates for each successive draft and final submission date. The final submission date will include schedule float. The float anticipates late program changes, compilation/printing issues or other unforeseen occurrences that impact delivery and will be coordinated with the Government representative. All page number totals are double-sided prints.

5.1 MCA SUPPORT. The Contractor shall produce the BES Budget Book (first draft on or before 15 July) and the PB Budget Book (first draft before 22 December) for the MCA to ensure final Budget Books are delivered to OASCIM to meet Army and Presidential submittal schedules. The use of the term Budget Book in this section means the BES and PB Budget Book.

· The Budget Book compilation and review process typically involves five (5) versions of the Budget Book:

· Initial Internal Draft for OACSIM

· First Coordinating Draft for Army Stakeholder Review

· Second Coordinating Draft for Army Stakeholder Review

· Pre-final “Proof” Version for OACSIM Review

· Final Budget Book (Published)

· The PB Budget Book…