W9124J25REE14 FT SAM HOUSTON PWS.pdf

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FORT SAM HOUSTON REM
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W9124J25REE14
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This Performance Work Statement (PWS) details a contract for Resource Efficiency Management (REM) support services for the Army Installation Management Command (IMCOM) at Fort Sam Houston. The primary objective is to provide a Resource Efficiency Manager (REM) to reduce energy and water consumption, improve utility efficiency, and support the installation's compliance with federal energy conservation laws and executive orders.

Key contract requirements include: reducing energy intensity by at least 3% and water consumption intensity by at least 2% annually, conducting energy audits, supporting construction and renovation projects with energy-efficient recommendations, developing renewable energy strategies, identifying potential energy conservation projects, and providing monthly progress reports. The REM will work closely with the installation's energy manager and Directorate of Public Works, performing tasks such as utility bill analysis, building energy monitoring, recommissioning systems, and developing energy awareness programs. The contract is for one base year with four 12-month option years, located at Fort Sam Houston, TX, and will be awarded as a Firm Fixed Price Contract.

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PERFORMANCE WORK STATEMENT (PWS)

Resource Efficiency Management (REM) Support Services

Installation Management Command (IMCOM)

PART 1 GENERAL INFORMATION

1. General. This is a non-personal service. The Army Installation Management Command (IMCOM) is requesting Resource Efficiency Manager (REM) services to provide a focused and coordinated effort for improvement in the energy-efficient operation of key facilities, equipment and control systems and to address demand reduction and research/facilitate energy conservation programs offered through Energy Savings Performance Contract (ESPC) projects, Utility Energy Services Contract (UESC) projects, Energy Resilience and Conservation Investment Program (ERCIP), Resilient Energy Funding for Readiness & Modernization (REFoRM) projects and other repair and renovation projects. 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, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform REM services as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services (Refer to Part 3). The REM will assist the installation energy manager to reduce peak electrical demand, reduce utility, water and solid waste consumption, and identification and development of resource efficiency projects.

1.1.1. The REM personnel shall be located onsite to perform all contracted services and activities specified in each Task Order. The REM personnel shall work closely with the Contracting Officer’s Representative (COR)/installation energy manager and Directorate of Public Works (DPW) personnel to achieve resource efficiency improvements and cost savings.

1.1.2. REM services shall be provided in support of the installation’s efforts to reduce energy and water consumption, greenhouse gas emissions, utilities costs, and comply with all applicable energy related federal laws and Executive Orders, to include but not limited to the Energy Policy Act of 2005 (EPACT 2005), EO 13123, EO 13514, and EO 14057, which focus on improving energy efficiency in federal buildings, promoting renewable energy, and setting ambitious goals for reducing greenhouse gas emissions, “Strengthening Federal Environmental, Energy, and Transportation Management” and the Energy Independence and Security Act (EISA) of 2007.

1.2. Background. The Installation Management Command (IMCOM) is requesting energy management assistance from Contractors to supply qualified energy management professionals to support a comprehensive range of Energy and Water Management Program activities at Government installations.

The REM Program is focused on complying with all applicable energy-related federal laws and Executive Orders as they pertain to reducing energy and water consumption. The key mission of a dedicated REM program is to reduce the overall energy/resource consumption and associated costs.

1.3. Objectives. The Contractor shall provide REM services and related technical and management services to achieve established energy and resource consumption goals and reduce costs.

1.3.1. The REM support services shall include the promotion, education, and adoption of all manner of energy and water resource conservation and management activity assistance necessary to optimize the use of installation utility resources, including but not limited to natural gas, coal, electricity, water, and wastewater. Further, the REM contractor shall develop and submit grant applications where available to install energy reduction projects, which may be offered through the state, federal or utility programs.

1.3.2. The REM contractor shall work towards accomplishing these goals by supporting facility repair and construction activities, including providing design review comments; project management support;

identification of energy savings projects and construction coordination. The contractor shall ensure that installation-wide energy efficiency measures and water conservation measures are incorporated into new construction, Energy Savings Performance Contract (ESPC) projects, Utility Energy Services Contract (UESC) projects, Energy Resiliency and Conservation Investment Program (ERCIP) projects, and repair and renovation projects.

1.3.3. The REM personnel shall analyze systems and methods of operations, identify new opportunities for energy, water, and solid waste (implement or strengthen recycling programs), emission reductions, and facilitate implementation of energy initiatives to reduce demand and consumption.

1.3.4. Compliance will be achieved by reducing the installation’s energy intensity (defined as millions of British Thermal Units (BTUs) of energy consumed per thousand square foot of building space). See Part 5, Specific Tasks, for additional information. Requirements will be provided in the Request for Proposal.

1.3.5. Additionally, compliance in the area of water reduction will be achieved by reducing potable water consumption intensity (defined as gallons of water consumed per square foot of building space). See Part 5, Specific Tasks, for additional information.

1.3.6. This effort will assist IMCOM and the entire Army to comply with Federal EO 13123, EO 13514, and EO 14057, which focus on improving energy efficiency in federal buildings, promoting renewable energy, and setting ambitious goals for reducing greenhouse gas emissions

1.4. Scope. The Contractor shall provide REM and related technical and management services to perform the work set forth in the PWS. Support services include but are not limited to:

1.4.1. Generate cost savings greater than the annual installation REM Program costs in the form of verifiable utility cost savings, energy project grants, avoided costs, and other incentive payments as defined by the REM Metrics Table at Attachment 5.

1.4.2. Reduce energy, water, and sewer costs and improve reimbursable of all utility costs.Establish a highly visible energy and water resource conservation program through awareness campaigns and training.

1.4.3. Strengthen energy policies within the organization.

1.4.4. Establish the REM program as an installation resource for occupants, building monitors, operations and maintenance staff, service-providing utilities, and other energy management trade organizations.

1.4.5. Provide strong educational and motivation components to all occupants at a facility.

1.4.6. Develop and review the economic and technical feasibility of energy conservation projects.

1.4.8. Provide project management and coordination for development and implementation of energy conservation projects, including ERCIP, ESPC and UESC projects.

1.4.9. Increase recognition of the installation’s energy program through good management practices and preparation of reports, case studies, award submissions and other program documentation.

1.4.10. Identify areas where tenant organizations are over and undercharged for utilities used; and improve reimbursable of all utility costs.

1.4.11. Improve the efficiency and sustainability features of new construction and renovation retrofit projects. To meet these goals, the REM contractor shall at a minimum, perform the task activities listed in Part 5-Specific Tasks.

1.5. Period of Performance. The period of performance shall be for one (1) base year of 12 months and four (4) 12-month option years.

1.6. General Information:

1.6.1. Quality Control (See FAR Part 46 and applicable 52.246 clauses). 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 Contractor ensures the services provided comply with the requirements of the contract. A quality control plan (QCP) shall be delivered within 30 days of contract award and any updates to the comprehensive written QCP thereafter will be provided to the KO and COR within 5-working days when changes are made. After acceptance of the QCP, the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2. Hours of Operation. The Contractor is responsible for providing services, between the hours of 8:00 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall always, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.3. Federal Government Holidays:

New Year’s Day 1st day of January Martin Luther King Jr. Day 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth Day 19th day of June Independence Day 4th day of July

Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4. Place of Performance. The work to be performed under this contract will be performed at Fort Sam Houston, San Antonio, TX.

1.6.5. Type of Contract. The government will award a Firm Fixed Price Contract

1.6.6. Security Requirements. This is an unclassified contract.

1.6.6.1. Physical Security. The contractor 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.

1.6.6.2. Key Control. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards, and key codes. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Quality Control Plan.

Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.6.7. 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, Contracting Officers Representative (COR), and other Government personnel, as appropriate, shall meet periodically with the Contractor to review the Contractor's performance. At these meetings, the contracting officer shall apprise the Contractor of how the Government views the

Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.8. Contracting Officer Representative (COR). The COR will be identified by 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, and specifications; monitor contractor's performance and notify both the contracting officer and contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of 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 order.

1.6.9. Key Personnel. The contractor shall provide the following key personnel to accomplish the requirements of this contract and in accordance with the PWS.

1.6.9.1. REM. REM personnel qualifications, education and experience requirements are listed at Attachment 3, REM Qualifications. Personnel performing the REM services shall meet the mandatory qualifications required under each Task Order. The REM shall be a Certified Energy Manager (CEM). Registration as a Professional Engineer (PE) is desired but not required.

1.6.9.2. Project and Contractor Manager. The Contractor shall provide a Project Manager who shall have full authority for administering this contract and who is authorized to negotiate technical and management consideration on behalf of the contractor. The Project Manager shall be responsible for the overall management, coordination, and execution of the contract. This individual plan directs, and coordinates activities of the energy management services project to ensure that goals, objectives, and projects are accomplished within prescribed time frame and funding parameters. An alternate individual shall also be designated to act for the Project Manager when the Project Manager is not available. The contractor shall manage the contract or shall provide a contract 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 during absences shall be designated in writing and provided to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6.10. Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor personnel shall be required to obtain and wear badges in the performance of this service.

1.6.11. Anti-Terrorism and Operations Security Requirements:

1.6.11.1. AT Level I Training. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 15 calendar days after the 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

1.6.11.2. Access and General Protection/Security Policy and Procedures. 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 shall 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.

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05.

The contractor employee shall be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more.

At the discretion of the sponsoring activity, an initial CAC may be issued based on afavorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

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

1.6.11.4. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a government info system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.11.5. OPSEC Training. The contractor employees shall complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

1.6.11.6. For information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees shall complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working in IA/IT functions shall 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.

1.6.11.7. 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.

1.6.12. Contractor Travel. Contractor may be required to travel CONUS during the performance of this contract to attend meetings, conferences, and training. The Contractor may be required to travel to off-site training locations. Contractor will be authorized travel expenses consistent with the Joint Travel Regulations (JTR) and the provisions of FAR 31.205-46, Travel Costs and the limitation of funds specified in this contract. All travel must be approved/authorized by the Government in advance. The Contractor shall notify the COR/installation energy manager of any travel requirements.

1.6.13. Data Rights. The government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source 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 shall 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.

1.6.14. Organizational Conflict of Interest:

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.

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

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

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property.

The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished.

The Contractor shall provide copies of such agreements to the Contracting Officer.

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

(b) release such information unless release is otherwise authorized under the contract, or such information has previously been released or otherwise made available to the public by the Government.

e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand 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.

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

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

With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

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 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.

(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.

1.6.15. COMBAT TRAFFICKING IN PERSON. IAW FAR 52-222-50. Contractor Requirements.

Part I, Trafficking in Persons (TIP) The

Contractor shall –

a. Notify its employees of:

(1) The U.S. Government's zero tolerance policy.

(2) Actions that will be taken against employees for violations of this policy.

b. Take appropriate action.

Part II, Trafficking in Persons (TIP)

The Contractor has a procedure for notifying employees of TIP and proof of such notification on file via:

1. Training records or Employee signature.

2. Has documented actions on file citing appropriate action to TIP violations.

3. Record of documented violations to date (if any).

The Contractor has a procedure for notifying the Contracting Officer if information is received or actions related to TIP are observed.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions. Terms used within the PWS that require further definition:

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

2.1.2. Contracting Officer. 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-manufactured things such as meeting minutes or reports.

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 sub-Contractor.

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

2.1.13. Work Week. Monday through Friday, unless specified otherwise.

2.1.14. Acronyms. Acronyms used in the PWS and what they represent:

AR Army Regulation CEM Certified Energy Manager CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DOD Department of Defense DPW Directorate of Public Works EISA Energy Independence and Security Act EMCS Energy Management Control System ERCIP Energy Resiliency and Conservation Investment Program ESPC Energy Savings Performance Contract FAR Federal Acquisition Regulation IMCOM Installation Management Command JTR Joint Travel Regulations KO Contracting Officer NACI National Agency Check OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) PWS Performance Work Statement QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program REM Resource Efficiency Manager TE Technical Exhibit UESC Utility Energy Services Contract

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services. The Government will provide support services to assist with workspace and office equipment setup as provided to government personnel.

3.2. Facilities. The Government will provide the necessary workspace for the Contractor staff to provide the support outlined in the PWS.

3.3. Utilities. The Government will provide all utilities for the Contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4. Equipment. The Government will provide office facilities which will include a desk, a chair, a telephone with DSN access, and filing and cabinet space. All charges for official Government use of long-distance telephone calls, facsimile service, postal service, and Federal Express mail for official use will be paid for by the Government.

3.5. Materials. The Government will provide all communications and information systems (computer hardware and software) required for the performance of this contract, including laptop computers, issued for the duration of any temporary duty (TDY) and receive the same support as a government employee.

3.6. Communications and information systems support documentation (plans, programs, base comprehensive blueprints, applicable regulations, specifications, standards, technical manuals, as-installed drawings, and other documentation) will be available for support as provided to government personnel doing the job.

3.7. A Common Access Card (CAC) shall be issued by the Government for performance of daily tasks and access to the installation.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

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

4.3. Equipment. The Contractor shall furnish equipment not listed under Part 3 of this PWS to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The Contractor shall provide REM services to identify opportunities and provide workable solutions to reduce utility costs, consumption, and demand. The Contractor shall also provide comprehensive demand-side management energy reduction services to support the mission and the ongoing energy program. Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the basic contract and the PWS. Support services that will be provided are outlined below. The Contractor is encouraged to identify other opportunities that meet overall REM Program objectives. The Contractor shall work with the Directorate of Public Works (DPW) to prioritize resources and to ensure that the support services meet the installation requirements.

5.2. Provide a REM. The Contractor shall provide REM services and related technical and management services that meet the needs of a large installation.

5.3 Specific Tasks: The following REM Scope of Work outlines the tasks required of the REM program within three specific areas. These are: (1) Energy Program Support, (2) Projects, and (3) Awareness. The tasks may include, but not be limited to the following:

5.3.1. Task 1. Reduce overall utility costs and consumption by reducing energy intensity by at least 3 percent per year and water consumption intensity by at least 2 percent per year.

A primary focus of the REM program is to reduce energy intensity by at least 3 percent per year from a fiscal year 2003 baseline. Of equal importance and focus for the REM program is the objective to reduce water consumption intensity by at least 2 percent per year from a fiscal year 2007 baseline. In order to accomplish these goals, the Contractor shall support repair and construction activities including providing design review; project management support;

construction coordination and oversight; and other support activities to ensure that energy efficient measures are incorporated into new construction, repairs and renovation projects.

5.3.2. Task 2. Coordinate all activities with the COR/installation energy manager. All of the Contractor’s efforts shall be coordinated with the Contracting Officer’s Representative (COR)/installation energy. The contractor shall identify any policies, procedures, or other obstacles that may limit the ability to fully achieve the energy and water reduction, and sustainability goals for the installation to the COR/installation energy managers.

5.3.3. Task 3. Use Spreadsheets, Advanced Meter Data, Utility Billing Databases, and Expertise to Identify and Help Correct Anomalies in Facility Energy Use. The Contractor shall use information management systems, spreadsheets, advanced meter data, utility billing databases, and expertise to identify and help correct anomalies in facility energy and water use.

Where available, the Contractor’s personnel shall use the installation’s Energy Management Control System (EMCS) and other information management systems to identify apparent energy anomalies in the installation(s) facilities identified in the contract. The Contractor shall work with the Energy Manager and shop personnel to field check and diagnose problems. The

Contractor shall provide an economic analysis, as needed, to help justify funding to address complex problems. The Contractor shall work with the Energy Managers and resource management personnel to identify reimbursable customers to maximize tenant reimbursement.

The Contractor shall work within the DPW organization to update supply databases for equipment purchased under the Energy Star label and/or Federal Energy Management Program (FEMP) designated products and other creditable energy standards. The Contractor shall provide the installation assistance in energy reporting and planning, to include input to the Army Energy and Water Reporting System (AEWRS) database, the annual energy report, the long- range energy plan, and energy security plans.

5.3.4. Task 4. Develop an Effective Network of Facility Managers and Building Energy Monitors. The Contractor shall assist the Energy Manager to develop an effective network of facility managers and building energy monitors. As required, the Contractor shall provide initial and periodic training, maintain communications to provide feedback on building energy performance through EMCS and other information management systems, alert the facility and building energy managers to any anomalies noted, and provide appropriate recommendations and other incentives to help sustain their active participation. All REM functions, energy awareness seminars, teleconferences, conference calls, etc., shall be provided as information to the COR/installation energy managers.

5.3.5. Task 5. Optimize Facility Operations to Minimize Utility Costs. The Contractor shall identify the facilities with the greatest potential for energy cost savings. The Contractor shall work with the Installation Energy Manager, Building Managers, and the maintenance personnel to determine how those buildings are operated and provide written recommendations on ways for them to operate more efficiently. Recommendations may include technology and behavioral changes. Recommendations that are beyond the ability of the activity to implement will be referred to the appropriate office with an economic analysis for a possible project. The Contractor shall help to optimize performance of new and existing buildings. Support services shall include design review, commissioning, operations and maintenance, and Leadership in Energy and Environmental Design (LEED) review. The Contractor shall develop re-commissioning /retro-commissioning plan for building heating, ventilating, and cooling systems, with input from installation facility staff. This plan shall identify and prioritize buildings needing retro-commissioning, leveraging the latest energy audit information.

5.3.6. Task 6. Develop and Sustain an Effective Energy Awareness, Incentive, and Suggestion Program. The Contractor shall assist the Energy Manager to plan and carry out continual energy awareness activities, to provide awareness briefings to the Installation or Facilities Commander, facility managers, installation staff, and others, and to develop and sustain meaningful awards and other incentive programs.

5.3.7. Task 7. Support Utility Demand Reduction to Maximize Cost Avoidance. The Contractor shall identify and develop energy management initiatives, Operations & Maintenance (O&M) measures, and projects. Measures shall include identifying EMCS loads that can be controlled during load sheds and working out agreements with the facilities to do so; training facility managers on how to respond to maintenance; and recommending other ways to reduce demands. Normally high-peak energy storage systems shall be aggressively investigated to determine if load can be shifted to off- peak capacity, such as chilled water storage, ice or other phase-change materials, flywheels, etc.

5.3.8. Task 8. Conduct Energy Audits. In accordance with EISA 2007 requirements that federal facilities must audit at least 25% of the existing facilities annually, the Contractor shall conduct energy audits in accordance with an audit plan developed by the Contractor and approved by the COR/installation energy manager. Develop a facility and utility system energy and water audit plan, identifying facilities/buildings to be audited by fiscal year for meeting the federal mandate to audit 25% of covered facilities/buildings each year, and audit all covered facilities/buildings in four years. Conduct facility energy and water audits

5.3.9. Task 9. Provide Renewable Energy Support. In accordance with Energy Policy Act 2005 and EO 13834 requirements that federal facilities must utilize at least 7.5% of the electrical energy consumed at the installation or federal facility via renewable sources by 2013, the Contractor shall assist in the development and implementation of renewable energy projects and alternative fuel utilization projects. Within the first year of the contract, in consultation with the installation energy manager, the Contractor shall either develop a new installation renewable energy strategy or supplement the existing installation renewable energy strategy. The COR/installation energy manager must approve this strategy.

5.3.10. Task 10. Identify Potential Energy Projects, Programs, and Initiatives. While carrying out tasks under this contract, the Contractor shall conduct field investigations, preliminary assessments, detailed assessments, technology assessments, life-cycle cost analyses, and feasibility studies to identify and develop technology reports, technology transfer materials, work plans, measurement and verification plans, and other documentation to facilitate the development and implementation of energy projects, programs, and initiatives. The Contractor shall identify possible funding sources and contracting methods for execution such as ERCIP, ESPC, UESC, Sustainment, Restoration & Modernization (SRM), Enhanced Use Lease (EUL), Grants, Power Purchase Agreements (PPA), utility rebates, and others applicable sources not identified above. The Contractor shall track efforts directed in EO 13834, EPACT 2005, EISA 2007 and other applicable directives, as it applies to the Annual Energy Report to Congress. The Contractor shall assist energy staff with grant applications and requesting special funding to support energy or water saving programs.

5.3.11. Task 11. Support the Implementation of Energy Projects. The Contractor shall provide conceptual design and design reviews; provide project or construction management services such as work inspection and project closeout.

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