PWS_QHVAC.docx

PERFORMANCE WORK STATEMENT

U.S. Army Medical Center of Excellence JBSA Fort Sam Houston, TX Building 325 HVAC Duct Cleaning

Part 1 General Information

1. GENERAL: This is a non-personal services contract to clean HVAC ducts and to provide a labor force to clean duct work at the Lytle Hall Building 325, JBSA Fort Sam Houston, TX. 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.

1.2 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, materials transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the HVAC duct cleaning in building 325 as defined in this Performance Work Statement (PWS), Part 5 except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.3 Background: Every year, MEDCoE G4/9 Leadership identifies areas requiring maintenance within MEDCoE footprint based on training requirements and dilapidation of work area or classroom space. The area mentioned above has been identified for service of HVAC systems.

1.4 Objectives: The objective of this proposed action is to clean all duct work (all areas) for buildings 325 at Fort Sam Houston, TX. Contractor shall clean main duct work for HVAC units.

1.5 Scope: Contractor shall complete a cleaning of HVAC ducts in building 325.

1.6 Period of Performance: The period of performance shall be 90 days from issuance of Notice to Proceed and all materials are on hand. Contractor shall provide a work schedule (5) days from issuance of Notice to Proceed. Work schedule shall list milestones to include but not limited to work site preparation, work start and completion of the first cleaning of HVAC and all proceeding HVAC units. Milestones may include any item as listed in Performance Requirements in this PWS.

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

The contractor shall develop, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation. The Quality Control Plan shall be delivered to the COR for delivery to the contracting officer within 5 days of contract award. In the event revisions are required the Contractor shall return the revised QCP within five (5) working days of receipt of notification to revise. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.

1.6.2 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract. More specifically, it defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in the PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirements of this acquisition.

1.6.3 Federal Government Holidays: On-site services shall be performed Monday through Friday, excluding federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. List of recognized Federal Government Holidays are as follows:

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700-1700 Monday through Friday except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. Work performed on Saturdays and Sundays must be approved and coordinated 5 business days in advance through the COR and MEDCoE PM. The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Lytle Hall, JBSA Fort Sam Houston, TX (Building 325).

1.6.6 Type of Contract: The Government will award a Firm Fixed Price contract.

1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract must have a valid pictured ID, DOB, and citizen status at time of the contract start date and must maintain the level of security required for the life of the contract. Work under this PWS is UNCLASSIFIED and a security clearance will not be required. The Contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of work. Contractor personnel (to include subcontractors) performing work under this contract must have a valid pictured ID, DOB, and citizen status at time of the contract start date and must maintain the level of security required for the life of the contract.

1.6.7.1 Physical Security: The contractor shall safeguard all government equipment, information and property provided for Contractor use. Contractor shall maintain a physical security checklist/log which shall be forwarded to the COR on a monthly or quarterly basis. At the close of each work period, government facilities, equipment, and materials shall be secured. The Contractor shall establish and implement methods of making sure all keys/key cards 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. 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 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 occurrences of lost or duplicate keys/key cards to the COR.

1.6.7.2 Key Control: N/A

1.6.7.3 Lock Combinations: N/A

1.6.8 Special Qualifications:

1.6.8.1 Qualifications for all key personnel: The Contract Manager and Alternate must have 24 semester hours in mathematical, engineering, and/or NADCA related safety courses; 15 or more years NADCA work management experience. Qualification of the HVAC System Cleaning Contractor:

(A) Membership: The HVAC system cleaning contractor shall be a certified member of the National Air Duct Cleaners Association (NADCA) or shall maintain membership in a nationally recognized non-profit industry organization dedicated to the cleaning of HVAC systems.

(B) Certification: The HVAC system cleaning contractor shall have a minimum of one (1) Air System Cleaning Specialist (ASCS) certified by NADCA on a full-time basis or shall have staff certified by a nationally recognized certification program and organization dedicated to the cleaning of HVAC systems.

(C) Supervisor Qualifications: A person certified as an ASCS by NADCA or maintaining an equivalent certification by a nationally recognized program and organization, shall be responsible for the total work herein specified.

(D) Licensing: The HVAC system cleaning contractor shall provide proof of maintaining the proper license(s), if any, as required to do work in this state. Contractor shall comply with all Federal, state and local rules, regulations, and licensing requirements.

1.6.8.2 The contractor is responsible for ensuring all employees possess iWATCH Training during the execution of this contract.

1.6.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, will meet periodically, quarterly as a minimum, with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. Additionally, the contractor shall provide weekly project updates to the MEDCoE PM each week (NLT 1 p.m. each Thursday). Update shall detail what was accomplished for current week and what is projected to be accomplish for the upcoming week.

1.6.10 Contracting Officer’s 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.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Contracting Officer Representative (COR) and Contract Officer (KO). The contractor 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 when the manager is absent shall be designated in writing 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. The contract manager or alternate shall be available between 7:00 a.m. to 5:00 p.m., Monday through Friday except federal holidays or when the government facility is closed for administrative reasons, and any other time authorized for contractor work. The Contractor shall provide a weekly Project Update no later than 1:00 p.m. Thursday.

1.6.12 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 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. 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. Contractors are not required to wear badges on the work site; but shall wear reflective vest at all times as well as all personal protective equipment needed for safety.

1.6.13 Contractor Travel: N/A

1.6.14 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on Fort Sam Houston, TX.

1.6.15 Anti-Terrorism (AT) and Operations Security Requirements OPSEC:

1.6.15.1 AT Level I Training: This provision/contract text 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 to 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.

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

1.6.15.3 iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed withing 5 calendar days of contract award and within 5 days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

1.6.15.4 For Contractors that Require an OPSEC Standing Operating Procedure (SOP) /Plan: NA.

1.6.15.5 For Contractors that Require OPSEC Training: Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training within 5 calendar days of contract award. New employees must be trained within 5 calendar days of their reporting for duty and annually thereafter

1.6.15.6 For Contractor Not Eligible For CAC, But Requires Access To a DoD Facility or Installation: Contractor and all associate 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 (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.

The authorized sponsor (U.S. Government Agency and/or CAC/DoD ID card holder will complete and submit The JBSANANTONIO Form 7, Unescorted Access Request (UAR) for all installation access requests. Sponsors will submit this document via a .mil email address to their local VCC requesting access to any location within JBSA for unaffiliated personnel who are not expected to be under full-time escort. It may be used to request a DBIDS card or pass, for a one or multiple day events. The document may be obtained on Air Force e-publishing at www.e-publishing.af.mil / publication+forms/ Forms / Bases / JB San Antonio / JBSanAntonio Form 7 or search: Unescorted Access-Request or by contacting the appropriate VCC…or by contacting the 502 SFG Access Control Manager at (210) 652-5751.

The use of DBIDS is mandated. Note: A DBIDS paper pass will be issued for access onto the installation for 180-days or less. For access greater-than 180 days a hard plastic DBIDS card will be issued for up to one year. DBIDS is the primary method for producing local visitor passes/cards on JBSA. If DBIDS is not available, a SFMIS pass will be issued; if SFMIS is not available, an AF Form 75, Visitor Pass will be issued.

Credential Issuance. Upon proofing, vetting, and determination of fitness, individuals must have a valid need for access and be properly sponsored. A DBIDS credential (paper or badge) will be issued. If DBIDS or SFMIS is available, AF Form 75 will be used.

Requests for access credentials must be made in person or via an encrypted .mil email address. The following information is required.

a. Sponsor’s Full Name, DoD ID Number, organization, duty phone, times/dates/location and reason for the visit.

b. Applicant’s full name, DOB, country of birth, driver’s license number and state, or passport number.

c. If driving onto the installation, the applicant must provide proof or registration and insurance.

1.6.15.7 The Contractor shall only conduct business with designated government personnel listed as a COR. Names of personnel authorized to enter the site are to be provided to the Contractor by the COR or PM in writing and updated as necessary throughout the contract period. All other entrants are considered unauthorized with the exception to 1) security, safety, and fire representatives, 2) personnel escorted by COR and PM. Unauthorized entry shall be documented as work stoppage for reporting via DD Form 4106 and reassessment of security measures as defined in this PWS. Work stoppages for unauthorized entry shall be reported to COR and PM via DD Form 4106 within 24 hours. DD Form 4106 may be found at https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=2596. The Contractor shall develop procedures controlling unauthorized entry which may include erecting fencing, utilizing Contractor provided lock cylinders and keys, obtaining revocation or reissue of keycards to contractor and authorized personnel.

1.6.16 Emergency Services

1.6.16.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergence medical treatment. The Contractor shall, in turn, notify the Contracting Officer or COR within 30 minutes of the incident.

1.6.16.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.6.17. Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the contractor, not the government. The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.

1.6.18 Contractor Travel: N/A

1.6.19 Other Direct Costs: N/A

1.6.20 Data Rights: N/A

1.6.21 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

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;

(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.

1.6.22 NA

1.6.23 Combat Trafficking In Person:

IAW FAR 52-222-50. Contractor Requirements.

Part I, The Contractor shall

(1) Notify its employees of

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

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

(2) Take appropriate action.

Part II, Trafficking in Persons (TIP)

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

(i) Training records or

(ii) Employee signature

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

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

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

1.6.24 IAW FAR 39.2,: HQIIS shall be compliant with Section 508, an amendment to the United States Workforce Rehabilitation Act of 1973. The Contractor shall ensure all HQIIS applications are accessible to people with disabilities and that current and future requirements to maintain compliance with Section 508 are met.

1.6.25 PHASE IN /PHASE OUT PERIOD: N/A

1.6.26 NOTE: Prior to commencing work on Fire Alarm/Mass Notification system, the contractor shall coordinate with the FSH Fire Department (210-221-2792), FSH Public Works fire alarm technicians (210-221-3212), and Simplex Grinnell (Fire Alarm/Mass Notification system is proprietary equipment and Simplex Grinnell is the only authorized company that can remove, install, or delete fire alarm/mass notification devices). All work on the fire alarm devices shall be accomplished by a certified fire alarm technician.

1.6.27 All work shall follow and comply with EPA Regulations, Texas Department of Health (TDH), Texas Environmental Asbestos Protection Rules in the Abatement of ACM, and 29 CFR 1910 and 1929 (OSHA Standards). The contractor shall provide a written Asbestos/LBP Abatement Plan in accordance with Section 13280 and 13281 for the abatement and disposal of all ACM/LBP. Work shall not commence until the Environmental and Natural Resources Office (ENRO) has reviewed and provided a written approval of the Abatement Plan.

802nd CES/CEAN (Environmental Office) 2202 15th Street.

Fort Sam Houston, TX. 78234-5007 Bldg. 4196, Phone No. 210-221-4842, Fax 210-221-5419.

NOTE: ABATEMENT PLAN TO BE REVIEWED BY ENRO DURING CE REVIEW.

1.6.28 Contractor shall be responsible for site visit to verify all measurements and conditions of worksite, to include alterations, fittings and proper attachments of items directly connected to the completion of this project.

1.6.29 U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the COR.

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 may not be used or sold by the Contractor without written permission from the KO. 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.

1.6.30 The Contractor shall be responsible for obtaining all permits required to perform work safely and within Army and OSHA guidelines (i.e. hot work, confined space, utility locate (AF Form 103 - Digging Permit), working aloft, environmental permits such as lead, asbestos, etc.).

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

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

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). 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.

2.1.5 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.

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

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

2.1.8 Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11. 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. The prime contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

(1) Items that cannot be found after a reasonable search.

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.15. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

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

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

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

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF): A secure web-based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.28 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2 Acronyms:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: N/A

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

3.6 Record Keeping: NA

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 Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.3.1. Contractor shall seal, ductwork, metal grill, ensure ceiling grid supports, hangers are resecured due to HVAC duct cleaning access.

4.3.2 Contractor shall provide Materials Safety Data Sheets (MSDS)/ Safety Data Sheets (SDS) for all substances used to perform work as required in this PWS, to include any mold control substances. All material information shall be provided for approved by COR/ MEDCoE PM before purchase and application.

4.3.3 The Contractor shall provide material, color, finish samples to COR/ MEDCoE PM for selection before purchase and install.

4.4. Equipment: The Contractor shall furnish lifts, scaffolds, ladders, drills, containers, materials transportation, etc. to meet the requirements under this PWS.

PART 5 SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1 Controls

5.1.1 When practical, and to the greatest extent possible, all vacuum and collection equipment shall be located outside of the buildings. Where vacuum equipment is located inside, High Efficiency Particulate Arresting (HEPA) filtration shall be used for vacuum discharge.

5.1.2 All diffusers, registers, terminal outlets, etc., shall be sealed with dust barriers consisting of duct mask, or some other type of impermeable plastic sealant or barrier, to prevent contaminants from entering the building atmosphere during the cleaning process. Portable or erected containments shall be used to remove duct barriers when work is completed.

5.1.3 All containments used or erected in duct cleaning areas shall be negatively pressurized per industry standards. All negative pressure devices shall filter contaminated air through a HEPA filter prior to discharge into the atmosphere. Contractor shall provide a manometer or other appropriate type of gauge for the verification of negative pressurization.

5.1.4 Portable, pop-up, containment devices can be used. Erected containments must be constructed from fire retardant plastic sheeting and constructed in a way to limit access. Tack (i.e.