Amendment 0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. This amendment is issued for the follow ing reasons:

1) Provide responses to additional questions received from industry;

2) Update Addendums to FAR 52.212-1, Instructions to Offerors- Commercial Items and FAR 52.212-2, Evaluation - Commercial Items; and

3) Incorporate changes to the PWS.

b. The Offer due date is extended to 30 July 2020, 10:00 AM EST. See page 2 for details.

1. CONTRACT ID CODE PAGE OF PAGES

1 60

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-Jul-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912C320R0003

X 9B. DATED (SEE ITEM 11)

22-May-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Jul-2020

CODE

MICC - FT BUCHANAN

FT BUCHANAN

DIRECTORATE OF CONTRACTING

34 SOUTH GATE RD, STE 1104

FORT BUCHANAN PR 00934-4206

W912C3 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912C320R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

PWS CHANGES

Part 1, General Information, paragraph 1.2.0.5, eliminates MONACO certification and requires a qualified and trained technician.

Part 5, Tasks Paragraph 5.1.1.0.1, requires contractor to provide licenses and qualification of personnel fifteen (15) days after award.

Paragraph 5.1.1.2.1, requires contractor to provide licenses and qualification of personnel fifteen (15) days after award.

Technical Exhibit 2, Deliverables Personnel Qualifications shall be submitted fifteen (15) days after award.

QUESTIONS AND ANSWERS

Question 1. It would be possible to get a site visit for this opportunity in order to provide the most accurate and complete pricing?

Answer 1. Due to COVID-19, social distancing and safety we are conducting limited site visits. We are not able to conduct a site visit on this requirement since there are too many areas, buildings and systems to cover.

Photos provided with the solicitation are a similar view of what would be seen during a site visit.

Question 2. Can you provide more information regarding the special hazard systems, i.e., ceiling heights, etc.?

Answer 2. This may vary depending on the building. Normally building ceiling height is 10 FT, but there are buildings with 15 to 20 FT ceiling height at 500 and 600 building area and others that are 20 to 25 FT high as NAVY, CDC, Elementary School, Middle and High School basketball courts. PX, PXTRA and Commissary.

Question 3. Can you specify if the entire facility is protected by specific cleaning agents? Please specify which cleaning agent’s hazards?

Facility 143 - Ansul CO2 - How many cylinders? What size cylinders?

Facility 144 - Ansul CO2 - How many cylinders? What size cylinders?

Facility 376 - FM200 and Novec 1230 - How many cylinders? What size cylinders (agent weights stamped on cylinders)?

Facility 390 - Ecaro-25 - How many cylinders? What size cylinders (agent weight stamped on cylinders)?

Facility 540 - FM200 - How many cylinders? What size cylinders (agent weight stamped on cylinders)?

Facility 552 - Novec - How many cylinders? What size cylinders (agent weight stamped on cylinders)?

Answer 3. No, cleaning agents are dedicated to specific rooms. Only CO2 systems are for the complete room at the Electrical Substation. PWS provides tank capacity and all other equipment for the system.

Contractors are not designing only maintaining the equipment.

The number of cylinders and sizes requested on facilities mentioned-above were provided on responses to Questions 25 and 28 under Amendment 0003.

Question 4. Can you provide last year's inspection reports for all the systems in question?

Answer 4. The available data in the PWS and questions answered on amendments to this solicitation have provided enough information to develop the proposal. Most of the findings on inspections have been corrected. The new contractor has to perform an initial assessment to identify deficiencies, if any on the systems. Based on those findings repairs will need to be made or begin the preventive maintenance.

Question 5. We have been doing an extensive research on the "Monaco Certification" requirement and we haven't been able to find a singular local resource with that particular requisite. Could you kindly provide information in regards of a local resource that may have this particular condition?

Answer 5. Under this amendment, the MONACO certification is deleted from this requirement. The Addendum to FAR 52.212-2, Evaluation—Commercial Items is changed to include a Contractor’s Self- Certification that personnel possess the qualifications and trainings required to perform the work under this contract.

Question 6. If this requirement is being performed by a contractor currently or have been performed in the past, could you please provide the associated incumbent contract or task order numbers? If not, could you please tell me whether this is a new requirement?

Answer 6. The previous contract, W912C314C0005, provided maintenance to fire alarm and sprinkler systems. The requirement at W912C320R0003 has incorporated many prior work and new work.

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 27-Jul-2020 10:00 AM to 30-Jul-2020 10:00 AM.

The following have been modified:

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items

1. General Instructions

a. Proposals shall be submitted electronically via email and are due no later than the date specified at Block 8 of the 1449 or as amended, and must conform to the requirements of this Request for Proposal (RFP) and its attachments.

RFP responses shall be submitted prior to the closing date and time identified above electronically through email to the Contract Specialist, Paula Claudio, at paula.claudio.civ@mail.mil and the Contracting Officer, Maria Otero, at maria.d.otero4.civ@mail.mil. It is the Offeror’s responsibility to assure its proposal is received by the date and time specified above by confirmation. In accordance with FAR 15.208, if your proposal is not received by the Government (received through the email) by the exact date and time specified above, it will be determined late and may not be evaluated.

b. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the contractor’s experience matches these requirements. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror's proposal.

Offerors are hereby notified that the Government will not reimburse costs incurred for proposal preparation.

c. If hand carried or mailed proposals should be received at the below address on or before date and time specified on Block 8 the SF 1449 or as amended. Ensure you add the Request for Proposal (RFP) Number and description as indicated below address.

Mission and Installation Contracting Command 419th Contracting Support Brigade MICC Fort Buchanan Attn: Paula Claudio, Contract Specialist 34 South Gate Road, Suite 1104 Fort Buchanan PR 00934

RFP W912C320R0003, Fire Protection Preventive Maintenance & Repairs at Fort Buchanan, PR 00934

d. Facsimile will not be accepted.

2. General Information

a. The point of contact responsible for this acquisition is:

Paula Claudio Contracting Specialist 787-707-2489 paula.claudio.civ@mail.mil

b. Solicitation Questions. All questions regarding this solicitation shall be submitted in writing no later than 2:00 PM on 9 June 2020 via email to paula.claudio.civ@mail.mil with a copy to maria.d.otero4.civ@mail.mil. Questions will be answered via amendment to the solicitation.

c. The requirement will be issued, evaluated and awarded utilizing the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation (DFAR), Army Federal Acquisition Regulation (AFAR) procedures in conjunction with Standard Operating Procedures.

d. Discrepancies. If a offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer and Contract Specialist in writing with supporting rationale as well as the remedies the offeror is asking the Government to consider as related to the omission or error.

e. Discussions. It is the Government’s intent to award without discussions. However, The Government reserves the right to conduct discussions if it is determined to be in the best interest of the Government. Therefore, each initial offer should contain the contractor’s best proposal from both a price and a technical standpoint.

f. Amendments to Solicitation. If this Request for Proposal (RFP) is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any and all amendment to the solicitation in their proposal submission.

g. Acceptance. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. The Government may accept an offer (or part of an offer) before the offer’s specified expiration time, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. All offeror’s proposals shall be valid for 90 days after submission.

h. Proposal Format and Contents. The submission of the documentation specified below will constitute the offerors acceptance of the terms and conditions of the Performance Work Statement and contract type Firm-Fixed Price. The offeror’s proposal shall consist of three (3) volumes. Each volume shall be a separate electronic file. The volumes are identified as:

I – Technical Acceptability Offeror’s Self-Certification and Technical Capability (Past Experience)

II – Price Proposal Contractor shall submit, with the proposal package, a cost breakdown to support the total proposed price for the contract. Breakdown shall be included for Base and each Option Period. The attached format for breakdown submission shall be used.

III – Signed documents and forms Standard Form 1449 (SF 1449), Solicitation, Offer and Award – Fill-in Blocks 30a, 30b and 30c.

FAR 52.212-3 Offeror Representations and Certifications--Commercial Items

Note: If offeror has completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall only identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. This is done by noting the paragraphs at (b)(2) and filling in the associated boxes in paragraph (c).

Signed amendments, if any.

All referenced documents for this solicitation are available at Beta.sam.gov.

ADDENDUM TO FAR 52.212-2

Addendum to FAR 52.212-2 Evaluation – Commercial Items

1. Basis for Contract Award. This is a 100% Small Business competitive Lowest Price Technically Acceptable (LPTA) best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.101-2, as supplemented.

The Government will select the Lowest Price Technically Acceptable offer based on an assessment of Technical Acceptability and Price. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR, as supplemented; whose proposal conforms to the solicitation’s requirements (including all stated terms, conditions, representations, certifications, and all other information required by Addendum to FAR 52.212-1 of this solicitation; and has been determined technically acceptable based on the evaluation factors and sub factors.

2. Number of Contracts to be Awarded. The Government intends to award a single firm-fixed contract under this solicitation.

3. Proposals. Noncompliance with the RFP proposal requirements may raise serious questions regarding your technical acceptability and/or pricing. Failure to include all information requested may adversely affect your evaluation. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation. The Contracting Officer will begin the evaluation process by conducting a proposal compliance review for determination of basic proposal adequacy prior to providing the proposals to the evaluators. The Government also reserves the right to obtain additional information from the offeror solely for the purpose of making a responsibility determination after receipt of proposals. Requests for responsibility information do not constitute discussions. By submission of the offer, the offeror agrees that all items proposed (if applicable e.g., Program Manager, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions shall require prior Contracting Officer's approval.

4. The award will be made in accordance with the evaluation criteria set forth in FAR 52.212-2, Evaluation – Commercial Items utilizing the source selection procedures found at FAR 15.101-2, Lowest Price Technically Acceptable. All proposals will be evaluated for completeness and reasonableness.

FACTOR 1 Technical Acceptability - In order to be determined technically acceptable the offeror’s proposal must clearly demonstrate that the offeror’s Self-Certification and Past Experience in their proposal meet the minimum requirements of the solicitation. In order to receive an acceptable rating under Factor 1, the Contractor’s Technical Proposal must receive an acceptable rating in all sub-factors. The offeror’s proposal will be evaluated to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in the table below:

Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

Sub-Factor 1 - Self-Certification

The offeror certifies that personnel under this contract possess the qualifications and certifications stated in the Performance Work Statement (PWS), required by Manufacturer or regulations to perform all work under the requirement by signing below:

Name/Title Date Signature

Sub-Factor 2 – Technical Capability (Past Experience)

a. The Offeror submission consists of at least three (3) contract reference(s) (Government or private sector) which demonstrate experience supporting contracts of comparable size and complexity to the requirements outlined in the Performance Work Statement. The contract reference(s) combined shall demonstrate at least two (2) years of relevant corporate experience as the prime contractor on contracts awarded within the past five (5) years of proposal submission or still active. Contract references combined have a cumulative (base and all option periods) dollar value of at least $500,000. The Offeror shall submit a narrative including including description of work, contract amount, person of contact, and telephone number that demonstrates experience as the prime contractor or service provider in Fire Protection and Notification System Services and Related Systems.

NOTE: The distinction between technical capability and past performance is technical capability pertains to the type and factor of work completed by a Offeror which is comparable to the type of work covered by this requirement, in terms of size, scope, and complexity. Past performance relates to how satisfactorily a contractor has performed on similar scoped contracts.

FACTOR 2 Price Evaluation - The Government will evaluate the offeror’s proposed price to determine fair and reasonableness. This evaluation will include one or more techniques defined in FAR 15.404.

The Government will evaluate ALL price proposals for award purposes by adding the total price for all contract line item numbers (CLINs) and subsequent options to obtain the total price for the basic requirement. As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding a six

(6) month value of the Offeror's final option period price to the Offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the FAR 52.217-8, Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period. The Government will award a contract to the Offeror whose proposal represents the lowest evaluated price to the government provided the Offeror’s proposal is given an acceptable rating in all non-price evaluation factors.

The offerors’ proposals will be evaluated to determine completeness and reasonableness, as defined below.

Completeness. The proposals will be reviewed to determine the extent to which all the price elements of the offer have been addressed. The offeror’s price proposal will be evaluated to ensure continuity and traceability of prices to the technical proposal and between the initial proposal and any revisions thereto. The review will determine the adequacy of the contractor’s proposal in addressing and fulfilling the solicitation requirements.

Reasonableness. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. As stated above, price reasonableness is established through price analysis techniques as described in FAR 15.404.

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed, or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Rejection of Unrealistic Offers. The Government may reject any proposal that is evaluated to be unrealistic in terms of not meeting the Performance Work Statement (PWS) requirements, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FIRE PREVENTION SYSTEMS MAINTENANCE FORT BUCHANAN, PUERTO RICO

15 May 2020

Introduction This is a non-personal services contract to provide Fire Prevention & Protection Systems Maintenance, Inspection, Testing and Repairs by Replacement Services at Fort Buchanan, Puerto Rico. The requirement is for Fire Alarm and Detection System, including Mass Notification. Fire Suppression System, including Fire Suppression Risers, Sprinkler Systems, Fire Pump Rooms, and Clean Agent Systems (CO2, NOVEC and FM-200). 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.

Background Fort Buchanan is a U.S. Army Reserve Installation in Puerto Rico located in the Municipalities of Guaynabo and Bayamon, within the San Juan metropolitan area. It serves under direct control of the Installation Management Command, Atlantic Region. Its mission is to synchronize, integrate, and deliver installation services and facilities in support of Senior Commanders in order to enable a ready and resilient Army.

Reliability of the fire prevention and protection in all Buildings in Fort Buchanan is absolutely essential to the normal function of all Facilities. Failure of the above systems to operate properly can create a life safety hazard for the employees and visitors.

The services to be provided to the Fire Prevention and Protection Systems at Fort Buchanan, PR, include procedures for routine preventive, corrective, and deferred maintenance of Fort Buchanan facilities, which will help extend the life cycle of the facility’s systems, and will create a safe environment for residents, and staff in Fort Buchanan, Puerto Rico.

Objectives The objective of this contract is to provide Fort Buchanan facilities high quality, consistent inspection, maintenance, testing, repair and replace program to Fire Prevention and Protection Systems and to provide complete, efficient, reliable, and safe operation. The Contractor shall ensure all work accomplished maintains and presents a safe environment to all Fire Prevention and Protection Systems included and covered by this contract in support of mission requirements for users, residents, and visitors to the installation.

The Contractor shall be responsible for personnel, materials, labor, transportation, equipment, services, insurances, supervision and all necessary to perform all repair, replace and routine preventive inspection, testing and maintenance required to support fire prevention and protection systems’ operation in accordance with in accordance with the PWS, terms and conditions, and all regulations in all buildings provided in Technical Exhibit 5. All services shall be performed in accordance with Original Equipment Manufacturer (OEM) Operation and Maintenance Manual, the latest applicable edition of the National Fire Protection Association (NFPA) codes, International Fire Service Training Association (IFSTA) manuals, Occupational Safety and Health Administration (OSHA) Standards, Department of the Army regulations, staffing standards, the Unified Facilities (UFC 3-601-02), Operations and Maintenance: Inspecting, Testing and Maintenance of Fire Protection Systems and all UFC O&M applicable codes.

NATIONAL FIRE CODES VOLUMES 1-18: National Fire Protection Association (NFPA) Codes and Standards

ANSI/IEEE STD 142: Practice for Grounding of Industrial and Commercial Power System

NATIONAL ELECTRICAL CODE:

NFPA 70 National Electrical Codes (2017 edition) or newest version when available

NFPA 70B Recommended Practice for Electrical Equipment Maintenance (2016 edition) or newest version when available

ANSI/IEEE C2 National Electrical Safety Code (2012) or newest version when available

Place of Performance The work to be performed under this contract will occur at US Army Garrison Fort Buchanan, Fire Prevention and Protection Systems located in Buildings listed on Technical Exhibit 5.

Period of Performance (POP) The period of performance for this effort will be a 12-month base period and four (4) 12-month options, if exercised by the Government.

PART 1 – GENERAL INFORMATION

1.0 Requirements

1.1 General

1.1.1 Hours of Operation

The Contractor shall perform Fire Prevention and Protection Systems Maintenance Services at Fort Buchanan during the core hours of operation from 7:00 AM – 4:00 PM Monday through Friday.

Routine Repairs and Replacement Work. Contractor is responsible to perform repairs and replacement work during regular duty hours without interrupting Fort Buchanan community hours of operations. If contractor identify that work might impact Fort Buchanan hours of operations, contractor shall be responsible to provide a written explanation of the situation and recommended hours to perform work for Government consideration and approval at least 1 week prior to proposed date of execution. Contractor shall not perform at any time any work outside normal duty hours until written approved by the Government.

The following exceptions applies:

Federal holidays;

Closure of Government facility due to local or national emergencies;

Administrative closings shall be provided officially in writing by the Contracting Officer. Example:

Executive Order issued to honor Former President George Bush on Dec 5, 2018.

The Contractor shall have available the appropriate workforce to perform timely preventive maintenance uninterrupted during normal duty hours. Contractor shall submit a schedule plan and comply with the required services as defined within the PWS unless an exemption applies.

1.1.2 Recognized / Government Holidays

The Contractor is not required to work on the legal public holidays listed below. Holidays occurring on weekends will be observed as directed by the published Army calendar.

New Year’s Day 1st Jan Martin Luther King Jr’s Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Good Friday Friday preceding Easter Sunday Memorial Day Last Monday in May Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th December

1.1.3 Point of Demarcation

The fire suppression water based point of demarcation is all above the ground.

The fire alarm system point of demarcation is the breaker supplying power to the Fire Alarm Control Panel (FACP).

1.2 Administrative Requirements

1.2.1 Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the Mission and Installation Contracting Command (MICC), in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contracting Officer (KO) and Contracting Officer Representative (COR) shall meet with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government problems experienced, if any. Appropriate action shall be taken to resolve outstanding issues. The Contractor shall provide meeting minutes within 3 working days of all progress meetings.

1.2.2 Performance/Progress Meetings will be held as necessary. There may be occasions when subsequent meetings will be called by either party to reconfirm mutual understandings and/or address deficiencies in the Quality Control (QC). Contractor Representative shall meet with the COR and/or KO, as required. A mutual effort will be made to resolve all problems identified. The Contractor Representative and the COR shall sign the written minutes of these meetings.

1.2.3 Permits/Certifications

Contractor is responsible to obtain all applicable permits required to perform work inside Federal installations.

Also, to possess all required certifications associated to the work requested on this PWS for Brand Names like MONACO, SIEMENS and any related equipment requiring to fulfill manufacturer’s guidelines on Preventive Maintenance.

1.2.4 Insurance. Contractor is responsible to provide applicable insurance in accordance with terms and conditions of the contract. See FAR contract 52.228-5.

1.2.5 Protection of Government Property

During execution of the work, the Contractor shall protect Government property. The Contractor shall return areas damaged as a result of negligence to their original condition at no cost to the Government.

1.3 Contract Administration

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the Government and the Contractor.

1.3.1 Roles respective to authority during the performance of the contract.

1.3.1.1 Contracting Officer (KO)

The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere on the contract, said authority remains solely in the KO.

IN THE EVENT THE CONTRACTOR MAKES OR PERFORM ANY CHANGE AT THE DIRECTION OF

ANY PERSON OTHER THAN THE KO, THE CHANGE WILL BE CONSIDERED TO HAVE BEEN

MADE WITHOUT AUTHORITY AND SOLELY AT THE RISK OF THE CONTRACTOR.

Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes.

1.3.1.2 Contracting Officer’s Representative (COR)

The COR will be identified by the KO via a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Ensure the Contractor performs the technical requirements of the contract; maintains written and oral communications with the Contractor concerning technical aspects of the contract; perform inspections in connection with contract performance; issues written interpretations of technical requirements, including Government drawings, designs, and 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.

1.3.1.2 Representation

The Contractor shall not, in any way, represent that it is a part of the U. S. Government, or that it has the authority to contract or procure supplies for the account of the United States of America.

1.3.2 Work Communication. Contractor is responsible to maintain communication at all times with the Government to fulfill work to be performed in the contract including availability to received and execute Emergency calls as prescribe in the PWS.

1.3.3 Deliverables

Records and reports are specified as deliverables in Technical Exhibit 2. The Contractor shall submit accurate and complete documents within the required timeframes as specified in Technical Exhibit 2. However, the KO or COR may request a report at any time and the Contractor shall provide the detailed report within 24 hours at no additional cost to the Government.

1.3.4 Building Power or Water Service Interruptions

IF ANY UTILITIES OR OTHER SERVICES MUST BE INTERRUPTED OR DISCONNECTED

TEMPORARILY DUE TO SCHEDULED CONTRACT WORK, THE CONTRACTOR SHALL NOTIFY

THE CONTRACTING OFFICER REPRESENTATIVE (COR) AND KO AT LEAST 30 DAYS IN

ADVANCE OF THE DATE WORK HAS BEEN SCHEDULE. CONTRACTOR SHALL RECEIVE

AUTHORIZATION TO PROCEED, IN WRITING, WITH THE SCHEDULED INTERRUPTION OR

DISCONNECTION PRIOR TO START WORK.

If the discontinued service is due to an emergency breakdown the Contractor shall notify the KO/COR, Fire Department and Facility Coordinator as soon as practicable.

1.4 Quality Control and Assurance

1.4.1 Quality Control Plan (QCP)

The Contractor shall develop and maintain an effective quality control process to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure against recurrence of defective services. The Contractor is responsible for meeting requirements without Government assistance. The Quality Control Plan (QCP) must be submitted by the contractor within 10 days after contract award for review and approval of the COR and KO. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

Changes to the QCP shall be submitted to the KO not later than five (5) working days prior to the effective date of the change. Include the following items of information in the QCP as a minimum:

The description of the QC organization including an organization chart showing lines of authority and acknowledgment that the QC staff report to the contract manager or someone higher in the Contractor's organization.

Specific quality control techniques for contract services identified in the Performance Requirements

Summary (PRS).

Method of identifying deficiencies in the quality of services performed and address corrective actions without dependence upon Government direction.

Proposed reporting and schedule formats including comprehensive inspection systems covering all services by this contract and procedures for scheduling announced and unannounced inspections.

Require and maintain documentation of all contractor quality control inspections and corrective actions.

Inspection documents shall be made available to the COR or designated representative.

These reports shall include factual evidence that inspections had taken place, deficiencies were noted, and corrective actions were taken to correct the deficiencies.

1.4.2 Quality Assurance

The Government will evaluate the Contractor’s performance under the contract, in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the Contractor has performed IAW the performance standards under the Performance Requirements Summary (PRS). The Government plan defines how the performance standards will be applied, the frequency of surveillance, and items to be inspected. Although the Government will develop a QASP, Government surveillance of Contractor performance is not limited to the QASP or the performance objectives, incentives/remedies, etc.

outlined in the Performance Requirements Summary (PRS). The Government retains the right to inspect and test all services called for by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

1. 4.3 Inspections

1.4.3.1 Nonconformance Report (NCR)

Whenever the COR notifies the contractor of any deficiencies detected in the work performed, the contractor shall correct cited deficiencies immediately. Notification will also be noted on the Surveillance Checklist by the COR without affecting the regularly scheduled work.

If the non-conformance cannot be corrected on the spot, the contractor shall be given a suspense date to correct the deficiency. Uncorrected nonconformance shall result in issuance of a written Non-Conformance Report (NCR) to the contractor. All NCRs, verbal or written, will be included in the CORs’ monthly reports.

Written NCRs will be accomplished using the Nonconformance Report Worksheet including severity level, reasons, suspense date, etc. Uncorrected NCRs which are issued to senior level contractor personnel by the MICC Director or Deputy Director will include the seriousness of the nonconformance and possible consequences for failure to take adequate corrective action.

1.4.3.2 Corrections

NCRs are issued by the COR and KO determining that contractor has failed to comply with the performance standards of the contract or has consecutively or constantly failed to correct the deficiencies as required by terms and conditions within the PWS. As a result, NCRs may affect or impact the unfavorably the Contractor Performance Assessment Reporting System (CPARS) ratings.

Contractor needs to ensure all monthly deliverables are submitted to the COR within required timeframe.

No monthly payments shall be approve until all required reports are completed, received and approved by the Government. Failure to provide required documents shall be considered a non-compliance, documented and processed as part of COR monthly reports as well as CPARS reports.

Upon satisfactory completion of the corrective actions on the NCRs and acceptance by the COR of the work completed by the contractor, payment shall be granted. Contractor is responsible to submit the summary of the reports with each monthly invoice. Failure to do so may become an automatic rejection of the invoice and Contractor shall be responsible to resubmit with appropriate corrections for consideration.

1.5 Personnel

The Contractor shall provide a work force sufficient in number that possesses the skills, knowledge and training to satisfactorily perform the services required by this contract. The Contractor shall ensure that personnel present a professional appearance. Individuals with a record of conviction for criminal offenses shall not be employed to perform services under this contract.

1.5.1 Management Qualifications

1.5.1.1 Project Management

The Contractor shall provide a Project Manager (PM) who shall be responsible for the performance of the work. The name of this person shall be provided to the KO in writing at least 10 days after contract award. In case the PM is unavailable, an alternate shall be provided. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM shall be the person providing all required electronic deliverables repairs, work orders, schedules, services and all documentation related to the contract. The PM or alternate shall be available during normal duty hours and non-duty hours for emergency situations. The PM shall be capable of communicating fluently in English both orally and in writing.

1.5.1.2 Certifications

THE CONTRACTOR SHALL PROVIDE CERTIFIED PERSONNEL AS REQUIRED BY LAW. ALL

REQUIRED CERTIFICATIONS SHALL BE KEPT CURRENT AND VALID.

1.5.2 Critical. The contractor shall provide emergency phone number for any emergency calls to be reached promptly without fail as well as maintain effective communication between the contractor and the Government during working hours from 7:00am to 4:00pm.

1.5.2.2 Emergency Calls. Contractor shall answer and resolve within 90 minutes after the time of initial notification call. The Contractor shall provide a Work Coordination Process Plan for PM, Inspections, Repairs and Service calls 10 days after contract award emphasizing the following telephone information:

Local telephone number Mobile number

1.5.3 Identification of Contractor Employees

All contract personnel shall be identified as contractors at all times. Personnel shall wear a badge with at least the following information: Name, Contract Number, Project title. Company uniforms are acceptable that clearly delineates them as a Contractor employee. All Contractor personnel when answering a telephone shall also clearly identify themselves as a Contractor employee. 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 such that they avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all correspondence (documents, emails etc.,) or reports produced by Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.5.4 Non-Personal Services

The Government will not exercise supervision and control over the Contractor personnel performing the contract at any time. Contractor shall be the only one with the authority, control, direction and supervision of the employees performing the services under this requirement. The Government will notify the Contractor’s management of all tasks that require completion and the Contractor’s management will assign those tasks to the appropriate Contractor personnel under this contract. The Contractor's management shall ensure that employees comply with the performance standards outlined in this PWS and as required by the KO or the COR. Contractor employees shall perform independent of and without the supervision of any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the FAR.

1.5.5 Standards of Conduct

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. Contractor employees shall comply with all Department of Defense (DOD) and local requirements that establish uniform policies governing smoking in and around Government Owned buildings and vehicles. 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 being improperly influenced in the execution of their duties under the contract.

Particular attention should be paid to acceptance of gifts/ gratuities, and of non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S.C. 423 and 5 U.S.C. Chapter 75 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 the installation.

1.5.6 Smoking

The Contractor shall comply with AR 600-63, Army Health Promotion which prohibits smoking in all federal workplaces. The COR however, shall establish designated outside smoking areas. Smoking areas shall be at least 50 feet away from occupied public spaces.

1.5.6.1 Medical Marihuana - Cannabis. Federal Government prohibits the use of any illegal drugs at Fort Buchanan including medical marihuana. Contractor is responsible to instruct employees to avoid any used or distribution on Fort Buchanan premises. Contractor will be responsible if any employee is practicing this action, they will be prosecuted as required by the applicable Federal laws at Fort Buchanan.

1.5.7 Organizational Conflict of Interest (OCI)

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 OCI as defined in FAR Subpart 9.5. The Contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.8 Special Training / Qualifications

1.5.8.1 Cybersecurity

All Contractor employees assigned to this requirement, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 10 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 Contractor employee and subcontractor employee to the COR, or to the KO, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I Awareness training is available at the following website:

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.5.8.2 iWATCH Training The Department of the Army’s Office of the Provost Marshal General, in conjunction with the Deputy Chief of Staff G-3/5/7, approved a new Army anti-terrorism awareness program. The purpose of the program is to focus and encourage Army-wide community awareness and out-reach efforts to address important topics related to protecting our communities from terrorist acts. The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training module provided within the Army OneSource website:

http://myarmyonesource.com/default.aspx (Please search the tab -featured programs, Links and Tools). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 10 calendar days of contract award and within 5 calendar days of new employees commencing performance on this contract, with the results reported.

Certification Memorandum with the list of personnel that took the training shall be provided the COR NLT 5 calendar days after completion of training.

1.6 Special Requirements

1.6.1 Security

Contractor and all associated subcontractors’ employees shall comply with applicable Garrison Fort Buchanan, facility, and area Commander Garrison/facility access and local security policies and procedures. The Contractor shall also provide all information required for background checks to meet Garrison access requirements to be accomplished by the Director of Emergency Services (DES). Contractor workforce must comply with all personal identity verification requirements as directed by DOD, Headquarters Department of the Army (HQDA), and/or local policy. All contractor and subcontractor employees requiring access to the installation, must complete DD FORM 369 to process criminal background investigates no later than 10 days after contract award. 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 garrison change, the Government may require changes in Contractor security matters or processes.

Upon entering and leaving the confines of Fort Buchanan, the Contractor shall be responsible for assuring that all personnel authorized to perform work under this contract obtain installation access, as required.