DRAFT_PWS-WATCH_CARE-MPC.docx

Performance Work Statement (PWS)

WATCH CARE (CHILD CARE)

2.1 General Requirements ……………………………………………………………………………………4

2.9.5 Performance of Services durng Inclement Weather, Crisis or Natural Disaster………………… 8

4.4 Name Badges ……………..…………………………………………………………………………...… 9

4.5 Background Checks ………...…………………………………………………………………..…

4.7.3 Parental Access to Children…………………………………………………………………………12

4.7.4 No Touch Policy ………………………………………………………………………………………12

4.8 Antiterrorism (AT) and Operational Security (OPSEC) ……………………………………………13

4.8.4 Combating Trafficking in Humans Training ……………………………………………………

WATCH CARE

Vision Statement

Provide skilled, knowledgeable, qualified and certified child care services for active duty service members and their families participating in various worship and religious education programs provided by the Garrison Chaplain Office as part of the Command Master Religious Program.

1 Introduction The Contractor shall provide all personnel, management, personal transportation, and any other items or services not government furnished to prepare, furnish and support this contract.

1.1 Mission

Serve all components of the Armed Forces, and their Family Members, by facilitating spiritual, emotional, mental and physical opportunities to help them develop a mature level of resiliency so that they may achieve and maintain mission readiness and foster personal and family wellbeing.

1.2 Background

This contract is Mission Enhancement in direct support of Title 10 Worship and Command Sponsored Religious Programs and Events. In accordance with the Department of the Army Regulations and the Chief of Chaplain’s policies, there are no qualified volunteers to meet the service requirements.

Religious Education is a statutory element in the free exercise of religion in support of Title 10. Childcare in support of worship and religious education programs continues to benefit Soldiers and their families who are geographically separated from stateside family support.

The Watch Care contract directly supports and contributes to the Soldier and Family religious stability, while enhancing their Army Values, and aiding in the quality decision making process for adults, youth and children. Similar contracts since 2012 have provided childcare for active duty service members and their families while they participate in faith-based worship and religious education training that supports various religious faiths endorsed by the United States Army. Primary contact person for approving schedules related to the actions of the contract is the Chief of Religious Support and the Contracting Officer Representative.

1.3 Scope

This contract is designed to support a comprehensive Command Master Religious Plan that supports worship, faith based religious education and sacramental training, as well as Soldiers and Family resiliency. The Contractor shall provide all management, equipment and labor necessary to ensure that Watch Care services are provided for U.S. Army Garrison, Hawaii, Main Post Chapel, Schofield Barracks. This service is in support of religious Worship Services and religious studies. Services shall be performed in accordance with Federal, state and local policies and ordinances.

2 Requirements

2.1 General Requirements: Contractor shall support military service members and their family members in the certified Watch Care rooms at Main Post Chapel (MPC), Bldg 790, Schofield Barracks, Hawaii, 96857 and Wheeler Army Airfield Chapel (WAAF), bldg. 679, Wheeler Army Airfield), Hawaii

2.1.1 Contractor shall provide services as directed by contract award.

2.1.2 Contractor/employees shall be capable of working and interacting with members of all levels of the military, civilian staff, and family members of various faith groups. The contractor shall maintain a professional attitude and work environment reflective of a well-organized training program during the performance of the Contract.

2.1.3 Contractor/employee shall present a neat, well-groomed professional appearance during the performance of the contract. Various types of aloha wear are acceptable depending upon schedule of events. Beach wear (tank-tops, board shorts, and swimwear) is not appropriate wear for day-of-training, and/or planning and collaboration meetings, etc.

2.1.4 Audit/Examination of Records: The contractor agrees that the Contracting Officer or Contracting Officer’s duly authorized representative shall have the right to examine and audit the books and records directly pertaining to the contract during the period of the contract and for three years after termination or expiration.

2.2 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for individual contractor employees. The contractor is accountable to the government. Contractor employees and subcontractors are solely accountable to the contractor. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify both the Contracting Officer Representative and the Procuring Contracting Officer (PCO) immediately.

2.3 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirements. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3.1 The contractor shall partner with the government to resolve all issues and conflicts within two (2) work days, first with the Chief of Religious Support and/or Director of Religious Education, and then with the Contracting Officer Representative, and as necessary with the Contracting Officer.

2.3.2 Contractor shall provide a qualified replacement during times of illness, leave or vacation, or other absences, as the calendar of events dictate. In any circumstances the temporary replacement cannot exceed two (2) consecutive weeks, without the approval of the Chief of Religious Support and/or Director of Religious Education.

2.4 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.4.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the Chief of Religious Support and/or Director of Religious Education, and the contractor's main or corporate office.

2.4.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement.

a. Contractor shall provide a point of contact with name, telephone number and email address of the individual that has full contractual authority on all aspects of this contract within seven (7) days of contract award.

b. Contractor point of contact, contract officer representative, Chief of Religious Support and the Director of Religious Education shall have a post award meeting (may be face-to-face or telephonically) within 10 days of contract award to further clarify any questionable details.

2.4.3 Personnel Administration

The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks at MPC Schofield Barracks Chapel and Wheeler Army Airfield. Chapel. The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

2.5 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR).

2.6 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories as defined in the Labor Categories document (see attachment), labor rates, and man-hours utilized in the performance of this contract. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.7 Contract Quality Control

Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government in accordance with FAR 52.246-4, Inspection of Services -- Fixed-Price and 52.246-5, Inspection of Services – Cost Reimbursement. The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP).

2.8. Quality Control Plan

2.8.1 The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government.

2.8.2 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.

2.8.3 The contractor shall upon request provide to the Government their quality control documentation. The contractor shall develop and submit, within 30 days after contract award, electronic copies of a comprehensively written QCP to the Contracting Officer (KO) and Contracting Officer's Representative (COR), and within 5 working days when changes are made thereafter. Any blanket QCP developed and approved at the base contract level should be reviewed and tailored to the contract requirement as necessary prior to submittal. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to their QC system.

2.9 Location, Hours of Work

This Contract requires work at the Main Post Chapel (MPC) on Schofield Barracks, HI.

2.9.1 This is NOT a full time job with a standard 0900-1700 Monday through Friday work environment. Workdays and hours will vary according to the approved Calendar of Events, tasks in the PWS and the times of meetings. Many of the tasks in the PWS require evening and weekend hours, and the Government will partner with the contractor to determine what core hours are necessary to support this contract.

2.9.2 The contractor is responsible for conducting business with the government, between the hours of 0900-1600, Monday thru Friday local Hawaiian time, except Federal holidays or when the government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workface are essential.

2.9.3 Contractor employees shall adhere to all security and weather warnings and notifications. In the event that inclement weather causes the cancellation and/or postponement of an event the Contactor will not be penalized.

2.9.4 Federal Government Holidays

Some of the scheduled days of care may fall on weekends with Holidays and ADONSAS/Training Holidays. Care requirements scheduled for Holidays and Training Holidays, will be planned and announced at least 30-days prior to required need. The following list reflects Holidays and Training Holidays for planning calendars. While Soldiers and/or Civilians may have some of these days off from work, there may be worship and/or religious education events scheduled that will require Watch Care support from this contract.

2.9.5 Performance of Services during Inclement Weather, Crisis or Natural Disaster.

This provision is not applicable since no services are required during inclement weather, crisis or natural disaster. The Contracting Officer or COR shall notify the Contractor by any means of communication, of inclement weather, crisis or natural disaster. There shall be no costs paid by the government to the Contractor during these situations except those costs authorized by the contracting officer and incurred by work performed under this contract and PWS.

3 Performance Requirements The following section specifies the Performance Objectives and Performance Elements for the contract.

a. Contractor shall provide Watch Care services at the appropriate ratios for children (infant to four-years-old) whose parents are attending any Worship Services at MPC Chapel. The Watch Care start and end times for each day of the events will be provided.

b. Contractor shall provide care coverage in accordance with AR 608-10, Child Development Services. Care providers will arrive at least 30 minutes prior to scheduled drop-off time, and remain for at least 30 minutes after pick-up time to prepare, reset and clean rooms. Children will remain on-site for the period of care. Hours specified for events include set-up and tear-down.

3.1 The Contractor shall provide Watch Care coverage for Worship Services 1000 Units (Units are hours of care times number of providers used. Example: 5 hrs x 8 providers = 40 units.)

· Sunday Worship Services (Watch Care 30 minutes prior and 30 minutes after).

· Service Time for Main Post Chapel, every Sunday, 0900-1400

Performance Standards

a) STD: Services meet frequency requirements IAW individual delivery order.

AQL: Provide specified services each week

3.2 The Contractor shall provide all administrative and staff/employee coordination requirements to fully execute this contract.

12 Units (1 Unit equals approximately 25 hours) Contractor shall establish and maintain a strict, detailed sign in and sign out procedure to ensure a parent or legal guardian checked a child into and out of the Watch. Template for accountability and attendance shall be provided by Director of Religious Education. Supply requests and other lifecycle needs shall be submitted to the Chapel OIC and/or NCOIC on the 1st Monday of the month. Contractor shall schedule employee caregivers adequately provide care to the standards and ratios in supplemental guidance provided upon contract award. The Watch Care Standard Operating Procedures (SOP) signed by the Schofield Garrison Chaplain and dated 2018 provides additional procedural guidance.

3.3 The Contractor shall submit Contract Manpower Report.

1 Unit (1 Unit equals approximately 15 hours) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall complete all the information in the format using the following web address. https://cmra.army.mil. The reporting period is the period of performance not to exceed 12 months ending September 30 of each government fiscal year. The data must be reported by 31 October of each year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractors system to the secure web site without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the web site.

4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Training and Certifications

Employees performing services will meet prescribed policies, procedures and standards as established by the Child Development Services and AR 608-10, Child Development Services, 11 May 2017, along with all local, state and federal training and certification compliance.

4.2 Security / Safety

Employees performing services will meet prescribed policies, procedures and standards as established by the Child Development Services and AR 608-10, Child Development Services, 11 May 2017,along with all local, state and federal training and certification compliance.

4.3 Keys

No keys will be issued in support of this contract.

4.4 Name Badges

Contractor/Employees shall be required to wear an identification badge in the performance of this contract. The Contractor shall provide the badge.

4.5 Background Checks

Contractor/Employees who provide Watch Care services shall meet prescribed policies, procedures and standards as established by Child Development Services and AR 608-10, Child Development Services, 11 May 2017, along with all local, state and federal training and certification compliance.

4.5.1 Contractor/Employees needing background checks shall contact the Background Check Functional Manager, IRST/USAG-HI Garrison Chaplain Director of Religious Education Office. The office is located in Bldg 791, Chapel Annex, Schofield Barracks.

4.5.2 Background check processing packets are provided to the Contractor and Contractor Employees with specific instructions on who completes the packages and who handles and/or returns them to the Background Check Functional Manager.

4.6 Background Checks Specific Details

Contractor/Sub-Contractor employees providing services under contracts are subject to the following process as specified in the National Background Investigation Bureau (NBIB) Tier 1 Investigation with State Criminal History Checks (SCHR).

4.6.1 Each employee (direct employee and sub-contractor employee) working under this contract who has contact with children under 18 years of age, shall be screened with the appropriate background checks as governed by the Army Directive 2014-23 “Conduct of Screening and Background Checks For Individuals Who Have Regular Contact With Children in Army Programs”, dated 10 September 2014. A copy of the Army Directive can be found at http://www.apd.army.mil/pdffiles/ad2014_23.pdf. The background check requirements for Contractors can be found in Enclosure 3 – Screening and background checks for appropriated and non-appropriated fund personnel, military personnel, foreign national employees overseas, and contractors.

4.6.2 Background checks will be initiated and paid for by the Government. The cost for the pre- employment screening is the responsibility of the Contractor. The Commander Designated Entity (CDE) at the Installation supports IMCOM by coordinating, submitting, tracking child related background checks, and reviewing and compiling the results to identify whether they contain derogatory information to be passed on for a suitability determination. The CDE will advise and assist CONTRACTOR and sub- CONTRACTOR employees completing all required documents required for the background check process. CDE contact information will be provided upon contract award.

4.6.3 The following is a list of the required screenings per the Army Directive 2014-23.

(a) REGULAR/RECURRING contact with children:

Definition: Contact with children more than an average of one (1) day a week for three (3) or more months OR daily for a period of one (1) month or longer.

Required screening:

i) Pre-employment screening: 1) Application, 2) Interview, 3) Reference check, 4) Statement of Previous Arrest or Charge, 5) Assessment of individual’s eligibility, qualifications, temperament and suitability for work with children, 6) Tentative offer of employment (Proponent: Contractor is responsible organization);

ii) Preliminary investigation: 1) Installation Record Check (if applicable), 2) FBI Fingerprint check, and 3) Local Civilian Law Enforcement Check (Proponent: Government/Commander Designated Entity is responsible organization);

iii) CNACI – Child Care National Agency Check and Inquiries (Proponent: Government/Commander Designated Entity is responsible organization).

The CNACI will be initiated after successful completion of the preliminary investigation (1.3(a)(ii)). If deemed appropriate by the local Garrison Commander, a contractor can start working under Line Of Sight Supervision (LOSS) after successfully completing the preliminary investigation (1.3(a)(ii). If LOSS is not feasible, favorable CNACI (1.3(a)(iii) results are required BEFORE the contractor can start working under this contract.

(b) SHORT TERM/OCCASIONAL contact with children:

Definition: Contact with children that does not fall under the definition of Regular/Recurring contact.

Required screening:

i) Pre-employment screening: 1) Application, 2) Interview, 3) Reference check, 4) Statement of Previous Arrest or Charge, 5) Assessment of individual’s eligibility, qualifications, temperament and suitability for work with children, 6) Tentative offer of employment (Proponent: Contractor is responsible organization);

ii) Preliminary investigation: 1) Installation Record Check (if applicable), 2) FBI Fingerprint check, and 3) Local Civilian Law Enforcement Check (Proponent: Government/Commander Designated Entity is responsible organization);

An employee must successfully complete the required screening (1.3(b)(i) and (ii) BEFORE working under this contract.

4.6.4 No person, regardless of circumstances, will be approved to provide child care services if the individual has been convicted of a sexual offense, a drug felony, a violent crime or a criminal offense involving a child. If the background check investigation reveals any other derogatory information, a suitability determination has to be made by the Army. The adjudication of the derogatory information is processed through an Army Program Review Board (PRB). Further details about the adjudication process can be found in Enclosure 6 of the AD 2014-23. At any time a Contractor can decide not to proceed with the PRB process.

4.6.5 Additional information on the background check process can be found at: http://www.opm.gov/investigations/background-investigations.

4.6.6 Re-verification (IRC and FBI fingerprint check) is required every 5 years.

4.6.7 Verification documents for the background check will be kept on file with the contract records in the Chaplain Resource Management Office and in the Office of the Garrison Chaplain.

4.7 Safety, Parental Access and No Touch Policy

4.7.1 Safety. Contractor shall comply with the safety program established by organizational SOPs, Chief of Religious Support, Director of Religious Education, and or their assignees. Contractor shall comply with all applicable rules, regulations, orders, and other lawful requirements established to prevent injury, loss or damage to persons or property.

4.7.2 Abusive Situations. Contractor shall minimize the potential risk of abusive situations in watch care settings. Access to children by strangers, delivery, maintenance personnel, and other visitors will be restricted. A visitor sign–in/out log in each watch care room or with appropriate personnel. Because many child abuse incidents are opportunistic, tasks such as playground supervision, diapering, and toileting supervision, if any, will be shared by caregiving employees so no one individual always remains in the same area or role. A daily record of the children in attendance in each activity room/module will be maintained for all programs including full–day, part–day and hourly care. This record will include the child’s name and time–in/time–out and the time–in/time–out of watch care providers and Chaplaincy volunteers assigned to the room/location. See Army Regulation 608-10 (2-26).

4.7.3 Parental Access To Children. Parents shall have access to their child’s activity room or module at all times of program operation. Watch care workers shall take appropriate steps to ensure children are released only to parents or designated adults. Proper identification will be requested of unfamiliar adults to verify that the person who picks the child up is the authorized designee. An SOP will be developed which addresses care of children who remain after closing hours when no previous arrangements have been made. Under no circumstances will a Watch Care provider take a child to the employee’s home unless authorized by the installation commander to do so. See Army Regulation 608-10 (2-26)(e).

4.7.4 No Touch Policy. All care providers shall sign a document that lists and indicates knowledge and understanding of the “Touch / No Touch Policy” prior to providing the provision of care to ensure a correct under-standing. See Army Regulation 608-10 (2-28).

The touch policy will be accessible to all watch care providers, be incorporated into orientation training, and will be available in written form for parents using watch care services. The policy will address, at a minimum, appropriate and inappropriate touches.

(1) Appropriate touching involves—

(a) Recognition of the importance of physical contact to child nurturance and guidance.

(b) Adult respect for personal privacy and personal space of children.

(c) Responses affecting the safety and the well–being of the child (e.g., holding hand of child when crossing the street; holding child gently but firmly during a temper tantrum).

(d) Watch care providers modeling appropriate touching. (Note. Examples of appropriate touching include hugs and reassuring touches on the shoulder.)

(2) Inappropriate touching involves the following:

(a) Coercion or other forms of exploitation of the child’s lack of knowledge.

(b) Satisfaction of adult needs at the expense of the child.

(c) Violation of laws against sexual contact between adults and children.

(d) An attempt to change child behavior with adult physical force, often applied in anger.

(e) The reinforcement concept with child of “striking out” to respond to a problem.

(Note: Examples of inappropriate touching include forced goodbye kisses, corporal punishment, slapping, striking or pinching, tickling for prolonged periods, fondling or molestation.)

4.8 Antiterrorism (AT) and Operational Security (OPSEC)

4.8.1 Level I Antiterrorism (AT) Standards

SEE RCO-HI LOCAL CLAUSES, SAFETY/INSTALLATION RULES, 52.242-5001 – DOD LEVEL I ANTITERRORISM (AT) STANDARDS

4.8.2 Access to Army Installations Personnel and Vehicles

SEE RCO-HI LOCAL CLAUSES, SAFETY/INSTALLATION RULES 52.242-5000 ACCESS TO ARMY INSTALLATIONS-PERSONNEL AND VEHICLES

4.8.3 IWatch Training

a. IWATCH within the Army is a nation-wide modern version of a neighborhood watch program focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractor’s workforce, while on Army installations, must all be familiar with to promote and enhance reporting suspicious activity or behavior. The program has two elements: passive and active. The passive element is an individual’s situational awareness of his or her surroundings. The active element of iWATCH involves individuals taking action to report suspicious behavior or activities to law enforcement for more investigation.

b. Contractor personnel, to include subcontractors, performing on or within an Army controlled facility, area or on an Army installation are required to brief and train their personnel on the IWATCH program for that area, facility or installation. Training standards will be provided by the COR with five (5) calendar days of contract award. Contractor will train all personnel within five (5) days of award or within (5) days of a hiring action. Contractors are to report training to the Contracting Officer within seven (7) days of contract award or a hiring action.

4.8.4 Combating Trafficking in Humans Training

a. On December 16, 2002 the President signed a National Security Presidential Directive mandating a “zero tolerance” policy toward trafficking among members of the US armed services, civilian employees and civilian contractors.

b. Federal Acquisition Regulation (FAR) TIP rule: Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from—

(1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procuring commercial sex acts during the period of performance of the contract; or

(3) Using forced labor in the performance of the contract;

c. Require Contractors and Subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; and

d. Impose suitable remedies, including termination, on Contractors that fail to comply with the requirements of paragraphs (a) and (b). (FAR 22.1703)

e. Contractor (and contractor employees) shall within 30 days of contract award, completed the Combating Trafficking in Humans Training and submit the training certificate to the COR for this contract.

5 Transition Contractor shall submit names of potential care providers to the COR and Director of Religious Education on or before 15 calendar days after contract award. Within 30 calendar days after award, all the named persons shall have completed and submitted a Background Check package. Within 60 calendar days of contract award contractor shall begin providing Watch Care services.

6 Government Furnished Materials The Government shall furnish all necessary and appropriate expendable supplies for the care of the children, and maintaining cleanliness of the care rooms. Contractor may suggest items for purchase, however, the Government is not obligated to make those purchases. Nor will the Government reimburse purchases made by the contractor or contractor employees.

6.1 Government Furnished Property

The Contractor shall be responsible for safeguarding all government equipment/furnishings, information and property. At close of each work period/shift, the government facilities, equipment and materials shall be secured.

6.2 Government Furnished Equipment

The Government shall furnish all appropriate Watch Care furnishings and equipment.

6.3 Government Furnished Space / Facilities

Government furnished office space is not available for the management of this contract.

6.4 Government Furnished Services

RESERVE

6.5 Government Furnished Emergency Services

RESERVE

7 Reports of Damage, Destruction, Injury or Death The Contractor shall report all incidents of damage or destruction to property, or personal injury or death to any person, arising out of and during the performance of this contract. For the purposes of this clause the term "property includes equipment, freight, or property of any type, whether Government owned or not. The term "Contractor" includes the Contractor, its agents, servants or employees.

7.1 Filing Reports of Damage, Destruction, Injury or Death

The Contractor shall submit these reports to the Contracting Officer through the COR as follows:

a. A preliminary report shall be made after the time the incident occurs. Report may be either verbal, telephonic, fax or email.

b. A complete written report shall be submitted within 5 business days after occurrence of the incident. A copy of this report shall be furnished to the COR.

8 Environmental Requirements

RESERVED.

9 Applicable Directives: Mandatory Compliance with the following:

SECTION: 4.5 BACKGROUND CHECKS

SECTION: 4.7.4 SAFETY, PARENTAL ACCESS AND NO TOUCH POLICY.

10 Failure Of Performance, Termination and Severability Certain users may believe that it is beneficial to put provisions FAR 52.214-26 and FAR 52.215-2 into the subcontract itself as opposed to listing them in an exhibit as is done here in the standard document. Those users should modify the miscellaneous section to add such clauses.

10.1 Termination. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers, employees and subcontractors, if any, to cease work. Subject to the terms of this contract, the Contractor shall be paid for the work performed that has yet to be paid. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

10.2 Notice To Cure A Default. If Contractor refuses or persistently fails to supply enough properly qualified workers, proper materials, or equipment to maintain adequate performance as determined by the discretion of the COR or Resource Manager, or their assignees; or fails to make prompt payment to its workers or disregards Laws or orders of any public authority having jurisdiction; or fails to maintain harmonious respectful relationships with Army Chaplains; or otherwise is guilty of a breach of a provision of this Agreement, contractor shall be deemed in default of this Agreement. If contractor fails within three (3) Business Days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then COR, Resource Manager, or their assignees shall give a second notice to Contractor to correct the default within a two (2) Business Day period. If Contractor fails to promptly commence and continue satisfactory correction of the default following receipt of such second notice, the COR, or Resource Manager, without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies:

a) supply workers, materials, equipment, and facilities as COR, or Resource Manager, or their assignees deems necessary for the completion of the Work or any part which Contractor has failed to complete or perform after written notification, and charge Contractor costs and expenses, including reasonable overhead, profit, and attorneys' fees, that are due or to become due. Contractor shall be liable for the payment of any amount by which such cost or expense may exceed the unpaid balance of the Contractor Amount;

b) contract with one or more additional contractors to perform such part of the Contractor’s Work as Contractor determines will provide the most expeditious completion of the Work, and charge the cost to Contractor as provided under the subsection immediately above, or

c) withhold any payments due or to become due Contractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to the satisfaction of the COR, or Resource Manager, or their assignees; and or terminate the Agreement by written notice.

10.3 Suspension. COR, or Resource Manager, or their assignees may order Contractor in writing to suspend all or any part of the Work for such period of time as may be determined to be appropriate for the convenience of Army or it’s Chaplaincy.

10.4 Disputes. This contract is subject to the rules and regulations promulgated by the Secretary of Defense and Secretary of the Army for AF contracting; is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613). Except where provided in this contract, the Contracting Officer or the Contracting Officer’s assignee shall decide any dispute or claim concerning this contract, which is not disposed of by agreement. All disputes arising under or relating to this contract shall be resolved with the Contracting Officer. The Contracting Officer shall write a decision and mail or give a copy to the Contractor within thirty (30) days from the date of receipt of the dispute or claim. The Contracting Officer’s decision on claims may be appealed by submitting a written appeal to the Armed Services Board of Contract Appeals within 90 days of receipt of the Contracting Officer’s final decision. Decisions of the Armed Services Board of Contract Appeals are final and are not subject to further appeal by any other judicial body.

10.5 Work Continuation And Payment. Unless otherwise agreed in writing, Contractor and Contractor’s employee, if any, shall continue the Work and maintain the schedule during any dispute mitigation or resolution proceedings. If Contractor continues to perform, the Army shall continue to make payments in accordance with this Agreement.

10.6 Severability. If any provision of this Contract is determined to be unenforceable or illegal, that provision is severed from this Contract and the other provisions remain in force.

10.7 Written Complaints. Chaplain’s, their assistants, Chapel attendees and any party interacting with the Contractor and Contractor’s employee, if any, in the performance of or in relation to this contract shall deliver any complaints in writing and submit them to the Contracting Officer. The Contracting Officer shall discuss all written complaints concerning the Contractor and Contractor’s employees. Contractor has 7 business days from notice of a written complaint to present to the COR Contractor’s account of the facts surrounding the complaint. If written complaints are received that the COR determines represents inappropriate behavior, attitude or performance of the Contractor and Contractor’s employee, if any, then the COR may deduct the Contractor’s pay by 10% for that period in which a written complaint is received. If three written complaints are received within one fiscal year that the COR determines represents a pattern of inappropriate behavior, attitude or performance of the Contractor and Contractor’s employee, if any, then the COR shall deduct the Contractor’s pay by 10% for each period in which a written complaint is received and may execute a termination of the Contractor and or begin solicitations for bid for a new Contractor. There is a presumption of a pattern inappropriate behavior, attitude or performance of the Contractor and Contractor’s employee, if any, when three written complaints are received within one fiscal year that the COR determines to be credible.

11 Deliverables No deliverables are required for this contract.

12 Related Documents No related documents are required.

Performance Requirement Summary (PRS)

AQL: Provide specified services each week.