W9124M-16-B-0026.docx

W9124M-16-B-0026

Section A - Solicitation/Contract Form

TABLE OF CONTENTS

TABLE OF CONTENTS

TABLE OF CONTENTS

PART I – THE SCHEDULE

· SECTION A – Solicitation/Contract Form

· SECTION B – Supplies or Services and Prices/Costs

· SECTION C – Descriptions/Specifications/Statement of Work

· SECTION D – Packaging and Marking

· SECTION E – Inspection and Acceptance

· SECTION F – Description and Performance

· SECTION G – Contract Administration Data

· SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

· SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

· SECTION J – List of Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

· SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

· SECTION L – Solicitation Provisions and Instructors to Offerors

· SECTION M – Evaluation Factors for Award

Section B - Supplies or Services and Prices

BASE YEAR SITE PREPARATION

FFP

The contractor shall provide all labor, materials, and equipment necessary to perform site preparation construction services identified in individual Task Orders placed against this contract. All site preparation construction services shall be performed in accordance with the specifications identified in SOW Part 5 during the Period of Performance (POP). This is an Requirements contract with Firm Fixed Price Task Orders.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010786332

NET AMT

Contract Manpower Reporting

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Uplands Site Prep contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

NOTE: If the reporting is not separately priced, insert "NSP" in the blank space under “Amount”.

NET AMT

FFP

The contractor shall provide all labor, materials, and equipment necessary to perform site preparation construction services identified in individual Task Orders placed against this contract. All site preparation construction services shall be performed in accordance with the specifications identified in SOW Part 5 during the Period of Performance (POP). This is an Requirements contract with Firm Fixed Price Task Orders.

NET AMT

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Uplands Site Prep contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

NET AMT

FFP

The contractor shall provide all labor, materials, and equipment necessary to perform site preparation construction services identified in individual Task Orders placed against this contract. All site preparation construction services shall be performed in accordance with the specifications identified in SOW Part 5 during the Period of Performance (POP). This is an Requirements contract with Firm Fixed Price Task Orders.

NET AMT

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Uplands Site Prep contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

NET AMT

FFP

The contractor shall provide all labor, materials, and equipment necessary to perform site preparation construction services identified in individual Task Orders placed against this contract. All site preparation construction services shall be performed in accordance with the specifications identified in SOW Part 5 during the Period of Performance (POP). This is an Requirements contract with Firm Fixed Price Task Orders.

NET AMT

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Uplands Site Prep contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

NET AMT

FFP

The contractor shall provide all labor, materials, and equipment necessary to perform site preparation construction services identified in individual Task Orders placed against this contract. All site preparation construction services shall be performed in accordance with the specifications identified in SOW Part 5 during the Period of Performance (POP). This is an Requirements contract with Firm Fixed Price Task Orders.

NET AMT

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Uplands Site Prep contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Uplands Maintenance, Repair, Reconfigure and Rehabilitation Fort Stewart and Hunter Army Air Field, GA

Part 1

General Information

1. GENERAL: This is a construction contract to provide minor construction services in connection with upland maintenance, repair, reconfigure and rehabilitation work. The Government shall not exercise any supervision or control over the construction projects. Such contracted service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. This Statement of Work (SOW) is intended to provide the Fort Stewart and Hunter Army Airfield, GA, Garrison Commander and the Installation Directorate construction support for Soldiers, family members, and civilians.

1.1 Description of Work: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform minor construction services in connection with upland maintenance, repair, reconfigure and rehabilitation work as defined in this Statement of Work (SOW) except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions established in the SOW and contract.

1.2 Background: Fort Stewart, Georgia (FSGA) is the largest Army Installation east of the Mississippi River, covering approximately 279,270 acres in parts of Liberty, Long, Bryan, Evans, and Tattnall counties. The Installation is approximately 39 miles across from east to west and approximately 19 miles from north to south. Fort Stewart was established in 1940 and has seen varied periods of heightened activity as well as periods of inactivity. The primary mission of Fort Stewart is to provide support for mission readiness and execution through extensive training of Soldiers on the Installation. Training lands on Post support a wide array of training tasks for tanks, infantry, field artillery, support, helicopter gunnery, small arms, drop zones (DZ), and landing zones (LZ), all actively utilized by both resident and tenant active duty and Reserve/Guard units. FSGA also hosts military training exercise for other active duty and Reserve components within the Department of Defense, to include the United States (U.S.) Navy, Marines, Coast Guard and Air Force units among others. Effective military training requires training assets to be capable, available, and accessible to support doctrinal requirements, mobilization, and deployments under normal and surge conditions all while ensuring long-term sustainability. This contract provided a mechanism to contribute to that goal.

1.3 Scope of Work: The contract covers land rehabilitation projects within the Integrated Training Area Management (ITAM) program. Any Land Rehabilitation and Maintenance (LRAM) requirements within scope of the contract will be awarded to the Contractor. The Contractor work includes, but is not restricted to, the following items pertaining to upland maintenance, repair, reconfigure and rehabilitation work. All of the below mentioned tasks are described in greater detail in Part Five of this SOW entitled “Specific Tasks” .

1.4. Period of Performance: The period of performance for this contract action shall be:

Phase in Period: One (1) Month Base Year: 11 Month Period Option Years: Four (4) 12 Month Option Periods with no phase-out period.

A site visit will be scheduled. All potential vendors will need a four-wheel drive vehicle to access areas on the Installation.

1.5. General Information

1.5.1. 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).

1.5.1.1. Quality Control/Safety Plan Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program and Safety Plan dedicated to ensuring the best possible products and services to end users while effectively managing employee Safety. The Contractor shall provide their final written Quality Control Plan (QCP) and Safety Plan no later than (NLT) thirty (30) days after contract award and within five (5) days of any proposed changes to both the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) in accordance with Technical Exhibit #2. After acceptance of the submitted QCP and Safety Plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their submitted QCP and Safety Plan system.

1.5.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the SOW throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.5.1.1.2 The Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.5.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.5.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.5.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.5.2. Property Management System: There is no Government Furnished Equipment for this requirement.

1.5.3. Recognized Federal Holidays: Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

1.5.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.5.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.5.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.5.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.5.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of, 7:30 AM – 4:30 PM Eastern Standard Time 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. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedule may be considered.

1.5.5. Place of Performance: Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at Fort Stewart and Hunter Army Air Field.

1.5.6. Security Requirements: Personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this SOW and in effect at the work sites. All personnel must meet requirements IAW DODD 8570-01M dated 19 Dec 2015. Contractors must provide an access roster of all contract employees and visitors to COR. All personnel employed under this contract will adhere to all Fort Stewart access control policies which include, weapons registration, transportation of weapons on the installation, access control policies, use of installation passes and ID cards and the operation of motor vehicles. A check of records through the National Crime Information Center (NCIC) Interstate Identification Index (III) is the Army minimum baseline background check for entrance onto Army installations for non-CAC holders to include entrance of visitors. Contractors will identity proof all employees using e-verify and ensure that no illegal immigrants are employed under the umbrella of this contract. Contractors will not enter into the main cantonment area of the Fort Stewart Military Reservation.

1.5.7. Key Control: The Contractor shall coordinate with COR and Range Control for access to Ranges that have locked gates. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO and COR.

1.5.7.1. In the event keys other than master keys are lost or duplicated, the Contractor shall, upon direction of the KO, 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 the monthly payment due 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 monthly payment due the Contractor.

1.5.7.2. The Contractor shall prohibit the use of Government issued keys by any persons other than Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.5.8.1. General:

1.5.8.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this SOW security requirements during the execution of this contract.

1.5.8.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.5.8.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.5.8.1.4. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes. Contractor shall also complete required Anti-Terrorism (AT) Level I Training and iWATCH Training within 30 calendar days after contract start in accordance with SOW Technical Exhibit #2.

1.5.9. 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 (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personal) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.5.10. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides 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 contract.

1.5.11. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

1.5.11.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract. The name of this person who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM shall be available the entire duration of work to be done on the site assigned by the COR.

1.5.11.2. Qualifications for Key Personnel: Contractor will furnish Trained Personnel IAW Georgia Manual for Erosion and Sediment Control and as required to comply with the provision of the Erosion and Sediment Control act of 1975 as amended (Official Code of Georgia Annotated, Section 12-7-1) or subsequent regulatory documents. The Program Manager shall have a Level IA Fundamentals “Blue Card” certification issued by the State of Georgia Soil and Water Conservation Commission. The Contractor must submit the PM's "Blue Card" within 10 days of the start of full performance to the COR.

1.5.11.2.1. Program Manager (PM): The PM shall meet or exceed the following minimum qualifications: Must have five (5) years of construction and site preparation/restoration. Does not have to be Project Management professional (PMP) certified. The APM shall meet or exceed the same qualifications as the PM.

1.5.12. Contractor Personnel: Contractor shall furnish trained personnel in accordance with Georgia Manual for Erosion and Sediment Control and as required to comply with the provisions of the Erosion and Sediment Control Act of 1975 as amended “Official Code of Georgia annotated, Section 12-7-1” or subsequent regulatory documents.

1.5.12.1. Identification of Contractor Personnel: All Contractor personnel attending meetings, answering government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued Fort Stewart government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance. Contractor personnel shall be required to obtain a Vehicle Registration, Facility Access Control Pass, and ID card at least ten (10) work days prior to start of base contract period or prior to performance under this contract, whichever comes first, in accordance with Technical Exhibit #2 of this SOW.

1.5.12.1.1. All Contractor personnel performing work under this contract shall obtain and have in their possession a valid Government issued identification. Acceptable forms of identification include a state issued driver’s license, state issued identification card, a current U.S. Passport, or Department of Defense (DoD) Common Access Card (CAC). All Contractor personnel shall be validated through the E-verify system.

1.5.12.1.2. All Contractor personnel must complete Unexploded Ordinance (UXO) Awareness Training within seven (7) days prior to the start of work on the contract or on a Task Order, whichever, comes first. This is a one time requirement for all contractor personnel.

1.5.12.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractors shall be appropriately dressed for the type of work they are performing. Sleeves will be at least four (4) inches long.

1.5.13. Organizational Conflict of Interest:

1.5.13.1. Purpose. To aid in ensuring that:

1.5.13.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.5.13.1.2. 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

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

1.5.13.2. Definitions.

1.5.13.2.1. The term “Contractor” herein used in section 1.5.13., Organizational Conflict of Interest, 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) it’s 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.

1.5.13.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, 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.

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

1.5.13.3.1. 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.

1.5.13.3.2. 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.

1.5.13.3.3. 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.

1.5.13.4. 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 KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO 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 KO may impose constraints other than, or in addition to, the constraints listed below.

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

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

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

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

1.5.13.4.5. 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 KO, 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.

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

1.5.13.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.5.13.7. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.5.13.4., 1.5.13.5., and 1.5.13.6., 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 1.5.13.4., above. The use of section 1.5.13.6., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.5.13.8. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.5.13.6., 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 KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.5.13.9. Conflicts Involving Future Procurements. The award of this Basic Ordering Agreement, 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 KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.5.13.10. Representations and Disclosures.

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

1.5.13.10.2. 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 KO. 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.

1.5.13.11. Remedies and Waiver.

1.5.13.11.1. 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 section 1.5.13., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO 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.

1.5.13.11.2. 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 KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.5.14. Phase-In:

1.5.14.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impact on additional services, the Contractor shall have personnel on board, during the 30 day phase-in period. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in and phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. During the phase-in period, the Contractor shall become familiar with performance requirements, in order to commence full performance of services on the start of the base period of performance.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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 (KO). A person with authority to enter into, administer, and/or terminate contracts, and to 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. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Statement of Work (SOW).

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.7. KEY PERSONNEL. Contractor employees who are critical for achieving SOW objectives. Key personnel shall meet position qualification and experience requirements indicated in the SOW. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.8. OPERATION OF GRUBBING: Grubbing shall be defined as first removing all stumps and objectionable matter that cannot be removed by a root rake. Stumps shall be removed to a minimum depth of 2 feet below the ground line. Areas containing objectionable roots shall then be raked to a depth of 6 inches below the surface. The area shall then be harrowed with a heavy-duty disc harrow, weighted and controlled so that it will penetrate and turn the ground to a depth of at least 6 inches. Objectionable matter exposed by harrowing shall then be removed. The harrowed areas shall be leveled with suitable blading equipment so as to leave the grubbed areas in a reasonable smooth and acceptable condition to facilitate the use of power mowers.

2.1.9. OBJECTIONABLE ROOTS: Objectionable roots are defined as (1) matted trees and brush roots regardless of the size of the roots; (2) Individual roots more than 1- inch in diameter; (3) individual roots longer than 36” long regardless of size; and (4) large quantities of lesser-size roots present in the top 12 inches of the area’s surface, when determined objectionable by the contracting officer’s representative

2.1.10. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.11. PROPERTY ADMINISTRATOR (PA). The authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.12. PROPERTY MANAGEMENT SYSTEM. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.13. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.14. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

2.1.16. STUMPS: A stump is defined as the butt of a tree having a diameter of 4” or more measured 6” above the ground.

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

2.1.18. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.19. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services:

3.1.1. Construction Design: The Government will provide approved plans in association with individual task orders.

3.1.2. Erosion and Sediment Control Plan: The Government will provide approved plans in association with individual task orders.

3.2. Equipment, Facilities, and Materials:

3.2.1. The Government will provide a suitable area for office space and a laydown yard. Contractor will contact Ben Seacrist at (912) 228-7114 for the area. Contractor will sign and abide by Fort Stewart Policy Letter 10. This letter will be provided to the contractor.. The Government will provide no Utilities to the contractor. The Government will provide no Equipment to the contractor other than Seibert Stakes to demarcate boundaries of the work areas the contractor will be working in.

3.2.2. The Government will provide access to non-potable water to be used in conjunction with meeting the requirements of individual task orders.

3.2.3. The Government will provide access to Fill Material to be used in conjunction with meeting the requirements of individual task orders.

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 Part 3 of this SOW.

4.2. Materials: The Contractor shall furnish all materials required to perform work under this contract and task orders that are not listed under Part 3 of this SOW.

4.3. Equipment: The Contractor shall provide:

4.3.1. All equipment required…