W912ER-18-R-0031_Iraq_PSC_Amendment_04.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

Corrections to PWS 3.0 Concept of Operation.

Corrected country name from Afghanistan to Iraq.

1. CONTRACT ID CODE PAGE OF PAGES

1 24

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

16C. DATE SIGNED

BY 08-May-2018

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 W912ER18R0031

X 9B. DATED (SEE ITEM 11)

12-Apr-2018

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 is extended, X 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

08-May-2018

CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ER18R0031

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been added by full text:

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

USACE

IRAQ PERSONAL SERVICES (IRQ PSC)

Re-compete

U.S. Army Corps of Engineers Middle East District

(MED)

Revised 7 May 2018

USACE Personal Services – Iraq III

Revised 7 May 2018

1.0 DESCRIPTION OF SERVICES

The US Army Corps of Engineers (USACE) requires Iraqi National project and program management, contract administration, project engineering, quality assurance, real estate, and support staff through a firm fixed price, personal services contract for its continued operations in Iraq. These positions shall replicate typical foreign national service (FNS) employee positions obtained by U.S. Government Agencies to support overseas projects and locations. This contract is for Personal Services in exclusive support of USACE missions, to include Foreign Military Sales (FMS) throughout Iraq.

1.1 Contract Period of Performance (POP): This contract is for one (1) 1-year base period and four (4) one-year option periods.

2.0 DEFINITIONS OF WORDS AND TERMS

A word or term defined in this contract maintains the same definition found in Part 2 of the Federal Acquisition Regulations (FAR) unless specifically defined otherwise within this document.

3.0 CONCEPT OF OPERATION

This contract is performance-based; as such, successful performance of the contract is the complete staffing of USACE-required positions with qualified subject matter experts. The USACE concept of operations is for the Contractor to provide support personnel to fill positions throughout Iraq.

The Contractor shall furnish their own office site, labor, materials, equipment and transportation as necessary to accomplish the requirements stated in this contract. The Contractor shall establish a Contract Management Plan (CMP) that will lay out the requirements necessary to provide administrative and logistical support and oversight for all Contractor personnel and equipment. This plan shall be submitted to the Procuring Contract Officer (PCO) within ten (10) days of contract award.

3.1 Contractor’s Key Personnel:

The CMP will identify all key personnel. The CMP will contain an organizational chart that clarifies the structure, and it shall define the interface among the Contractor, the Contractor’s Key Personnel and Contracting Officer’s Representative(s) (CORs).

3.1.1 Criteria for Key Personnel:

In-country Program Manager:

The in-country Program Manager (PgM) shall be physically located in Iraq and shall be authorized to act on behalf of the Contractor for all matters relating to this contract. The PgM shall possess all necessary background checks and credentials for operating in theater, and provide at time of solicitation a certificate stating proficiency in written and spoken English at Level 1 as defined in paragraph 7.8.3. The PgM shall have a minimum of 2-year junior college level degree, or equivalent. The PgM shall possess a minimum of ten (10) years of pertinent experience in the position to which they will be assigned. Professional certification in either project management or safety is preferred. The PgM must be available for contact during working hours or as required by the Contracting Officer.

3.2 Iraqi National Staff:

The Contractor shall ensure the readiness of Contractor Iraqi National staff and equipment to prevent gaps or denial of services at all times throughout the performance period of the contract. The Contractor shall ensure that the Contractor work force is properly recruited, trained, outfitted, fielded, and supplied to successfully perform duties in accordance with the provisions of this contract.

The Contractor shall maintain all necessary administrative files to include personnel records, invoices, investigation reports, licenses and other documentation supporting contract execution. The Contractor shall promptly conduct the necessary investigations into allegations of wrongdoing or poor performance by Contractor personnel and provide expeditious remedy of any deficiency in the quality of service provided.

The Contractor shall coordinate the provision of Contractor Iraqi National staff to meet the USACE requirements as detailed in the Position Descriptions in Appendix A of this PWS. Typical positions being sought to be filled are listed below. Positions will be filled as deemed necessary by the COR at the direction of the PCO. The approximate total number of projected positions country-wide are approximately 50. Positions are listed alphabetically:

▪ Administrative and Scheduling Assistant (ASA)

▪ Lead Engineer Assistant (LEA)*

▪ Logistics and Supply Specialist (LSS)

▪ Program Manager (PM)

▪ Project Engineer Assistant (PEA)*

▪ Quality Assurance Representative (QAR)*

▪ Safety Officer (SO)

Positions marked with an * are Technical Positions

3.3 Work Schedule:

In accordance with DFARS Clause 252.233-7001, Choice of Law (Overseas), work schedules, overtime pay and holidays may not conform to Iraqi Labor Laws.

Each required position is based on a Full-Time Equivalent (FTE) of 2,496 hours per year. The typical duty week shall be from Saturday through Thursday – 8 hours per day, 6 days per week, for 52 weeks; although, the United States Government (USG) supervisor and/or COR will adjust work day hours within each work week to accommodate project oversight requirements and workload. The work schedule is for the position and does not imply pay or reimbursement for time not worked by Contractor employees. i.e. Holiday/ Sick time / Personal time or vacation. For this contract, an FTE is defined as the number of total hours required to be worked in a work year.

For example, if the work year is defined as 2,496 hours, then one worker occupying a paid full time job all year would constitute one FTE.

The Contractor is responsible for ensuring that all positions are covered adequately. All positions theater-wide must be filled on a continual basis with no gaps in staffing, to include personnel availability during holidays and leave, as needed and directed by USACE. It is the responsibility of the Contractor to ensure for personnel on leave, that there are adequate backfill personnel available to ensure work coverage at all times, in coordination with the assigned USG Supervisor and/or COR. The USG has the unilateral right to release employees for holidays and other leave periods.

3.4 Time Clarification:

3.4.1 Travel to and from work:

Ordinary home-to-work travel by Contractor employees – that is, travel involved in reporting to work at the start of the day and returning to home at day’s end – does not count as time worked. However, once the employee has reported to work for the day, time spent traveling from one project site to another as part of their duties, shall be reported as time worked.

3.4.2 Over-Time (OT) Hours: The standard work week is 48 hours. When directed by the USACE supervisor to work more than 48 hours in any calendar week, OT compensation shall be provided at a rate 1.25 normal rate. OT hours between 48 and 60 shall be verbally approved by the USACE Supervisor. OT hours greater than 60 shall be pre-approved in writing by the USACE supervisor on the contractors OT request form. Working on Fridays or official Iraq Holidays does not automatically grant the employee hours at the OT rates.

3.4.3 OT hours shall be logged on the Contractor employee’s monthly timesheets and verified by the contractor, the USG and paid following approval by the PCO.

3.5 Holiday Leave:

3.5.1 Leave shall be in accordance with the legal rights established by Iraqi Labor Laws. It is the responsibility of the Contractor to ensure for personnel on leave there are adequate backfill positions supplied to ensure work coverage at all times, in coordination with the assigned supervisor and/or COR. The Government does not pay for contractor employee Holiday Leave.

3.6 Personal Leave:

3.6.1 At no time is leave to impact the operations of the USACE office/project to which the Contractor personnel are assigned. It is the responsibility of the Contractor to ensure for personnel on leave there are adequate backfill positions supplied to ensure work coverage at all times, in coordination with the assigned supervisor and/or COR. The Government does not pay for contractor employee personal Leave.

4.0 WORK REQUIREMENT

4.1 The Contractor, as delineated by the contract PWS, shall provide qualified Iraqi project, administration, and technical support personnel to advise and consult with USACE personnel for the performance of quality assurance, warranty, material and equipment inspections and on-site monitoring of geographically disbursed construction sites both inside and outside the confines of government installations in the USACE Area of Operations. This is not a Professional Services contract, as such, neither the Contractor (firm) nor its employees are required to be certified, registered, or licensed to perform required duties as advisors providing services in support of USACE as described in Appendix A. Contractor personnel shall display their name and the name of the company while in the work area, wear and display a building pass at all times, include the company's name in his or her e-mail display, and identify themselves as contractors when attending meetings, answering Government telephones, or working in situations where their actions could be construed as official U.S. Government acts by U.S. Government personnel or third parties. Contractor personnel are precluded from performing inherently governmental functions as defined by FAR

4.2 The Contractor shall maintain the capability to increase and decrease manpower staffing to meet changes to the USACE project workload as directed by the Contracting Officer.

4.3 USACE has operating locations throughout Iraq that are subject to change. These operations require personal services.

4.4 Appendix A. (POSITION DUTY DESCRIPTIONS): Outlines the qualifications and primary responsibilities of personnel performing the contract services.

4.5 The Contractor’s personnel shall be responsible for ensuring that they have the means to travel on a day-to-day basis between the respective residence and the place of employment. Place of employment is defined as the Contractor’s in-country office, USACE, or project site to which the individual is required to report. USACE will not provide transportation for Contractor employees.

4.6 If the Contractor’s personnel are assigned to remote sites where daily back-and-forth travel is not feasible, the Contractor shall ensure that life support (billeting and meals) are provided for the employee(s) as established and addressed by the PWS.

4.7 The local commuting area includes one population center in which employees live and reasonably travel back and forth to work. For this contract the local commuting area is 75 km (47 miles) one-way from home of residence to work or 150 km (94 miles) round-trip (to and from work).

5.0 CONTRACTOR PHASE-IN/PHASE-OUT RESPONSIBILITIES:

Phase In shall include all activities and associated costs for transportation of Contractor's personnel, equipment, and operating supplies to Iraq; establishment of offices, buildings, and other necessary general facilities for the Contractor's operations. The Phase-In Plan will include any mobilization required and details how they will perform reception, staging, onward movement, and integration (RSOI) of deploying personnel, equipment, and material into Iraq. It will also include as well as recruit, hire, deploy and obtain all required certifications and clearances for personnel necessary to meet the requirements of this contract. Phase Out shall include all activities and costs for transportation of personnel, equipment, and supplies no longer required on the contract; including the disassembly, removal of offices, buildings and other facilities assembled in Iraq specifically for this contract.

5.1 Phase In

5.1.1 The Contractor shall provide a proposed Phase-In Plan to the Contracting Officer, as part of the

Contractor’s proposal submission, which clearly delineates how the Contractor plans to mobilize and deploy personnel, equipment, and material within Iraq or into ports of debarkation for Iraq.

5.1.2 The period between contract award and contract start will constitute the phase-in period. During the phase-in period, the Contractor shall prepare to assume full responsibility for all areas of operation in accordance with the terms and conditions of this contract. The Contractor shall take all actions necessary for a smooth transition of the contracted operations.

5.1.3 As deliverable, the successful Contractor shall submit their final Phase-In Plan within ten (10) days after contract award, for approval and acceptance, to the Contracting Officer. At a minimum, the Phase-In Plan shall include the following items:

5.1.3.1 Phase-in milestone activity schedule,

5.1.3.2 Establish the appropriate management office and subordinate office workspace(s);

5.1.3.3 Process for ensuring appropriate Contractor-furnished equipment, materials and supplies are on-site at the end of the phase-in period.

5.1.3.4 Where applicable, the Contractor shall ensure that Contractor personnel have all required documentation (i.e., Passports, Visa, etc.), based on the category of employee, to work in Iraq.

5.2 Phase Out

5.2.1 Full phase out of Contractors, including sub-Contractor(s) at all tiers in Iraq is critical to responsible drawdown. The prime Contractor is required to submit a Phase Out Plan to the Contracting Officer, one hundred twenty (120) days prior to the end of contract performance period, or when requested by the Contracting Officer.

The Phase Out plan shall address, as a minimum, the following:

5.2.1.1 Phase-Out milestone activity schedule

5.2.1.2 Comprehensive procedures for phasing out Contractor performance to the level prescribed and within the time allowed under the terms of this contract. The Contractor shall provide its procedures for the return of all badging and sanitizing or destruction of hard drives used in computers.

5.2.1.3 The Contractor shall describe in detail its plan to close-out Contractor’s personnel, including sub-Contractor(s) employees at all tiers, at the end of the contract performance period and release the personnel from the Synchronized Pre-deployment and Operational Tracker (SPOT) database.

5.2.1.4 The Contractor shall describe in detail its plan for the timely and responsible exit from Iraq.

The prime Contractor shall be responsible and accountable to ensure their sub-Contractor(s) at all tiers comply with its plan and procedures for departure from the country of Iraq at the end the contract performance period.

5.2.1.5 Contract Phase-Out shall be completed no later than sixty (60) days from the date of the successive contract award unless otherwise stated in the follow-on contract. Contract start is defined as the first date of full contract performance.

6.0 DELIVERY OF SERVICES

6.1 The Contractor shall provide all services to support all Task Orders within forty-five (45) days of award.

Any deviations from this schedule require approval by the Contracting Officer.

6.2 The Contractor shall execute staffing increases or decreases within fourteen (14) days of the Contracting Officer’s request.

7.0 RECRUITMENT, PROMOTION, AND RETENTION OF PERSONNEL

The Contractor shall provide a Recruitment, Promotion, and Retention plan that includes the following:

7.1 The Contractor is the source of personnel; as such, the Contractor shall include with the plan, the process detailing the recruiting, hiring, staffing, and backfill procedures. The Recruitment, Promotion, and Retention Plan shall be provided to the PCO, for review and acceptance, within fifteen (15) days of contract award. The Recruitment, Promotion, and Retention Plan shall, as a minimum, include:

7.1.1 Organization chart which clearly establishes lines of communication and authority (organization chart is a graphical picture of the organization and reporting relationships).

7.1.2 Staff Acquisition: The methodologies the Contractor shall use as their hiring process.

7.1.3 Staff Assignment: Staffing structure which clearly allocates manpower to appropriate project section

(a detailed breakdown of the actual staff to be assigned to the project role).

7.1.4 Staff Training: The Contractor’s detailed approach to maintain staff at the level of skill required for successful performance on this contract.

7.1.5 Staff Tracking: The Contractor shall describe their procedures used to manage staff on the contract.

The Contractor shall address tracking losses, gains and absences to preclude a gap in service or a denial of service caused by vacant positions.

7.1.6 Staff Transition: The Contractor shall detail their staff replacement process to prevent a gap in service or a denial of service.

7.1.7 Staff Promotion: The Contractor shall detail their staff promotion process and procedures to develop and promote employees who demonstrate potential for advancement and promotion as permitted by vacancies within the staffing requirements. The Contractor shall submit all promotable employees’ requests to the COR for review before promotion is granted to the employee. USACE reserves the right to approve proposed promotions as well as make recommendations for promotion to a higher grade, provided there is a vacancy on the manning document.

7.2 The Contractor shall submit all potential employment candidate resumes through the CORs for USG review and acceptance before an offer of employment is extended to the candidate. Additionally, USACE personnel may be present and serve as a consultant to conduct face-to-face interviews with potential hires. The USG will only accept or reject a candidate based on the qualifications for the position or if the USG knows of adverse past performance. The USG review is not an approval to hire; it is a review to ensure the minimum qualifications for each position are met.

7.3 The Contractor shall make every effort to hire personnel within the local commuting area, within 75 km one-way, of each position advertised for employment. The Contractor should be aware that some sites are remotely located.

7.4 The Contractor is responsible for a plan to backfill Contractor personnel ensuring that there is no lapse in the services provided by required positions. The Contractor shall use this plan to ensure the specified number/type of personnel and equipment are available and ready to perform assigned work during the times specified in the base contract and subsequent Task Order’s. The backfill plan shall ensure scheduled absence replacements are managed with no decrement to performed services, and that unscheduled/unforeseen absences are handled promptly and efficiently to lessen any decrement to performed services

7.5 The Contractor shall offer current Iraqi incumbents the right of first refusal. Contractor shall provide notice of this right to the existing Iraqi workforce ten (10) days after receiving the list of current employees. The Contracting Officer shall furnish a listing of the existing Iraqi workforce at time of award. The Contractor should be aware that the current number of Iraqi nationals may increase or decrease, depending on USACE work requirements.

7.6 Work environmental and physical demands:

7.6.1 The characteristics described below are representative of those encountered while performing the essential functions of these positions. Conditions may vary at each project location, but the conditions listed below shall generally apply.

7.6.1.1 While performing assigned services, the Contractor’s employee shall frequently be required to stand, walk, sit, reach with hands and arms, climb or balance, stoop or kneel, talk and hear, and use fingers and hands to feel objects, tools or controls.

7.6.1.2 Must occasionally lift and/or move up to 25 pounds.

7.6.1.3 Specific vision abilities required include close vision, distance vision, depth perceptions, normal color vision, and the ability to adjust focus.

7.6.1.4 As work load dictates, the job may require working weekdays, weeknights, weekends and/or holidays.

7.6.1.5 The job shall generally be performed at a construction job site or field office.

7.7 Minimum Personnel Employment Prerequisites/Restrictions:

Each potential Contractor candidate shall meet the prerequisites/attributes listed below:

Prerequisite/ Attribute Minimum Standards Affiliations As a minimum, Contractor personnel shall not be affiliated with associations, elements, groups, organizations, and/or programs that seek to undermine the legitimacy and initiatives of the Government of Iraq or the U.S. Government.

Medical The Contractor shall apply and comply with contract requirements regarding medical fitness.

Addiction/Dependence Contractor personnel shall not be afflicted with habitual drunkenness or addicted and dependent on narcotics as evidenced by a recognized drug/alcohol testing procedure.

Convictions 1. Contractor personnel shall not have been convicted of any misdemeanor during the five (5) year period preceding the date of this contract that would negatively impact on the reputation or question the integrity of the contracted services unless approved in advance in writing by the PCO.

2. No individual convicted of a felony crime will be employed under this contract.

Note: These prerequisites apply to the prime Contractor and its Subcontractors at all tiers.

7.8 Contractor Personnel Language Proficiency Requirements. The Contractor shall employ only persons able to speak, read, write and understand English for those positions requiring them to interact with clients and other government personnel, and/or where English is used or essential to provide product, or record data, information, or service.

7.8.1 The TOEIC (Test of English for International Communication) proficiency scores are used to correlate the USACE Level to an accepted industry standard, and are used as guidelines only for assisting Contractors in staffing positions requiring the use of English. They should not be considered definitive.

7.8.2 Contractors are not required to use TOEIC; however an equivalent English proficiency testing program may be approved by the PCO to benchmark groups of individuals within the organization and ensure that contract requirements are satisfied.

7.8.3 Contractors shall provide written certification citing the level of proficiency for positions requiring use of the English language to the PCO and retain a copy of certification in each individual’s training record. The following table represents the levels of proficiency requirements:

TOEIC Level Description Level Designation 900-990

Managers who are able to represent the company unaccompanied and with final authority in negotiating agreements and contracts with native English-speaking partner organizations.

800-850 Managers who are able to represent the company unaccompanied with native English-speaking partner organizations.

700-750 Personnel must be able to speak and write the English/Host Nation language correctly and fluently. They must be able to communicate effectively and compose correspondence and other written communications about the work for which they are responsible. Typically, these individuals actively participate in meetings with partner organizations using English.

600-650 Personnel must speak and write the English/Host Nation language well enough to communicate on complex matters. Typically, these individuals may be called upon to give a short, prepared speech and/or to take the minutes of the meeting.

500-550 Personnel must speak and read English/Host Nation Language sufficiently to understand simple oral and written work assignments and to express themselves in matters pertaining to their work.

7.9 Termination of Personnel: Any violations of safety, security, theft, falsification of official reports/documents, and/or unexcused absences in excess of (1) day, and/or poor performance are all grounds for immediate termination. Before a Contractor employee is terminated, USACE will concur with the termination.

Additionally, USACE reserves the right to recommend a termination.

8.0 EMPLOYEE TRAINING

8.1 The Contractor will work with USACE employees to develop and provide additional training required to include safety, Quality Control, RMS, and business processes. Contractor personnel will be paid normal wages including travel and transportation expense while participating in the training.

8.2 The Contractor will determine training topics, duration, frequency, and develop a methodology for keeping records on what was conducted.

9.0 TRAVEL AND TRANSPORTATION

9.1 Contractor employees shall be responsible for providing their own means and mode of transportation to and from their residence to their place of employment. Travel to-and-from home to work is not part of the duty day and the cost will not be allowed or attributed to this contract.

9.2 Time spent traveling from one project site to another by the contract employee is part of the employee’s duty day and the cost may be paid under this contract. Payment will be provided for expenses as indicated in paragraph 10, below. It is estimated that all Quality Assurance and Safety personnel will travel annually 1,200 miles per employee between project sites.

9.3 As addressed in the Work Requirement paragraph, section 4.0, the Contractor shall establish a daily rate in their Basis of Estimate (BOE), which will include billeting, meals, travel and other life support needs. The daily rate shall not exceed the USG Joint Travel Regulations’ rates (JTR).

9.4 Contractor employees driving without proper insurance will be considered as self-insured and shall be responsible for all and any damages that may occur while in a travel status.

9.5 International Travel: In general, costs associated with international travel are not supported by this contract and therefore will not be paid by the Government. There are a few instances where, given proximity to other nation borders and the route available to reach a site, international travel is required. For Contractor personnel working in these areas, the Contractor is required to secure passports, visas, and other necessary supporting documents to allow exit from and return entry into Iraq. Prior coordination with the COR and approval from the PCO is required from before Contractor personnel may conduct travel that requires the crossing of international borders. The mileage payment referenced in paragraph 10.1 applies here.

10.0 CONTRACTOR EXPENSES

10.1 Expenses incurred by personnel provided under this contract are only paid after review by the COR and approval by the PCO as necessary to fulfill the duties of their position.

10.1.1 Lodging, Mileage and Incidental Expenses: these items will be paid on a flat-rate that shall be provided by the Contractor’s BOE. The rate shall not exceed the USG Joint Travel Regulations’ rates (JTR). No documentation of travel expenses is required. The flat-rate shall be established at time of award based on the Contractor’s accepted proposal. There will be no adjustments to the flat-rate during the term of this contract unless authorized in writing in advance by the PCO.

10.1.2 For intermittent trips, lodging and meals are authorized if an overnight trip is required. A flat rate to be proposed by the Contractor, to include lodging and meals, is authorized.

10.2 No other expenses reimbursable under this contract shall be incurred by the personnel supporting USACE unless reviewed in advance by the COR and approved in advance by the PCO.

11.0 SECURITY AND FACILITY ACCESS

11.1 The Contractor will be responsible for obtaining all permits, licenses, rights of entry and approvals, from all local Government authorities (Iraq and US) as necessary for the performance of this contract.

11.2 The Contractor shall be responsible for coordinating security vetting, including collecting the prospective employee’s biographical data on the appropriate USG or coalition force forms required by the entity which performs the security vetting function, and escorting the candidates to the vetting venue. The appropriate Government intelligence or other agency or its designee will be responsible for conducting the background investigation and screening to vet the employees.

11.3 The Contractor is responsible for costs associated in acquiring badges for their employees before they start work. The local USACE office will be responsible for providing sponsorship where needed for the badges, and may assist with coordination and support to acquire access badges at installations and forward operating bases only when required by the installation regulations.

11.4 As part of the coordination responsibilities, the Contractor shall also be responsible for tracking and transmitting final proof of vetting provided by the Government investigatory agency to the PCO for all new employees hired.

11.5 Security Notification: Should a Contractor employee be arrested for whatever reason or fail to pass any screening/vetting process, the Contractor shall immediately notify the COR and the PCO.

12.0 CONTRACTOR’S STANDARD OPERATING PROCEDURES (SOP) OR PLANS;

12.1 The Contractor shall address each of the following procedures individually and submit the procedures to the PCO within fifteen (15) calendar days after contract award for Government review and acceptance.

12.1.1 Security SOP which includes screening and vetting procedures.

12.1.2 Safety Plan in accordance with EM 385-1-1, “Safety and Health Requirements Manual”, all

Divisions and District regulations, SOPs, and supervisory instructions.

12.1.3 Payroll procedures and payroll delivery schedule.

13.0 REPORTING

13.1 The following reports shall be provided to the USACE PCO, COR and Program Manager (PM) monthly:

13.1.1 Manning Tables by individual office. The Contractor shall coordinate the report format with the USACE PCO and COR and submit the format for Government review and acceptance. Manning tables shall also capture what equipment was issued to each of Contractor’s personnel, and when.

13.2 Contractor shall perform annual performance assessments for all employees assigned to this contract and make them available to the COR and the PCO upon request.

13.3 Contractor shall provide minutes from each meeting to include virtual meetings, to the Contract Specialist

(CS), COR and PM.

13.3 CONTRACTOR MANAGEMENT REPORTING (CMRA) The Office of the Assistant Secretary of the

Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including Subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address: https://cmra.army.mil/login.aspx. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including Subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each Subcontractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and Subcontractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and Subcontractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

14.0 REQUIRED EQUIPMENT

14.1 Contractor furnished equipment:

14.1.1 The Contractor shall provide to all personnel, equipment, computer support, photographic equipment and software necessary to fulfill the requirements of this contract. At each location, the Contractor will be responsible for providing the equipment deemed necessary for the performance of their assigned duties to the employees providing support to USACE under this contract. In some cases, when Contractors are required to utilize government systems, the government will provide the necessary equipment. The Contractor shall verify with the local USACE office prior to supply of equipment that the equipment is suitable to support the mission needs (for example, adequate capacity, operating capability, storage, etc). All equipment is to be new. All equipment shall be delivered to the project site.

14.1.2 Technical personnel are required to possess:

14.1.2.1 Computer equipment (desktop CPU, or laptop) with:

14.1.2.1.1 MS Office software Windows 7 (Word, Excel, Outlook, PRIMAVERA 6, AUTOCAD, MICROSTATION, and PowerPoint)

14.1.2.1.2 Anti-Virus software (McAfee, Norton, or equal)

14.1.2.1.3 Contractor provided e-mail service with adequate security protocols to transmit reports and photographs up to 10Mb files. Each Contractor employee shall have an individual Company email account to send files. Personal email accounts e.g. yahoo, gmail, outlook etc will not be used for official correspondence.

14.1.2.1.4 Printer or printer access

14.1.2.1.5 Internet service (i.e. broadband internet service, ISP) with the ability to transfer up to

10Mb files.

14.1.2.1.6 Laptops shall have wireless capabilities as well as access to a broadband internet service provider.

14.1.2.1.7 Laptops will have a minimum of 4GB of memory, 250GB hard drive

14.1.2.1.8 Digital camera

14.1.2.1.9 Global Positioning System (Garmin, Magellan, or equivalent) with current maps.

14.1.2.1.10 Cell phone with a service provider with the best coverage for the work location of the employee.

14.1.2.1.11 In remote areas where cell phone coverage is inadequate, a satellite phone may be provided.

14.1.3 Required personal protective equipment (PPE) such as but not limited to the items listed below for the minimal work related PPE required on construction sites. Employees that will be exposed to any type of environment other than typical general construction that has a particular type of PPE covered by EM 385-1-1 will be provided the appropriate level of protection listed in Chapter 5 of that regulation.

14.1.3.1 PPE- Head Protection (White, no markings)

14.1.3.1.1 All protective headgear shall meet the requirements of ANSI Z89.1.

14.1.3.1.2 All persons working in or visiting hard hat areas shall be provided with and required to wear Type I or Type II, Class G (General – not to exceed 2,200 volts) or Class E (Electrical-not to exceed 20,000 volts) headgear as appropriate. The selection of the type of hardhat shall be based on the activity and identified in the AHA. For emergency response operations and other activities with greater need for side impact protection, Type II head protection is required.

14.1.3.2 PPE- Hearing

14.1.3.2.1 Hearing protection devices shall provide for the attenuation of noise to acceptable levels

(i.e., 85 dBA for continuous (steady-state) noise). If necessary to hear audible warnings, hearing protection devices should not attenuate hearing levels below an individual’s hearing threshold.

14.1.3.2.2 Dual hearing protection (earplugs and a second method such as ear muffs worn concurrently), shall be based on the attenuation of the specific hearing protection. Generally, double hearing protection should be used whenever employees are exposed to continuous noise greater than 115 dBA.

14.1.3.3 PPE- Eye protection

14.1.3.3.1 Eye protection shall meet the requirements of ANSI/American Society of Safety

Engineers (ASSE) Z87.1, and bear a legible and permanent "Z87" logo to indicate compliance with the standard

14.1.3.3.2 When eye protection is required by this regulation, persons whose vision requires the use of corrective lenses, whether via the use of contact lenses or eyeglasses, shall be protected by one of the following:

• Prescription safety glasses providing optical correction and equivalent protection;

• Protective glasses with side shields designed to fit over corrective lenses without disturbing the adjustment of the glasses;

• Goggles that can be worn over corrective lenses without disturbing the adjustment of the glasses, or

• Goggles that incorporate corrective lenses mounted behind the protective lenses.

14.1.3.4 PPE- Protective Footwear

14.1.3.4.1 Personnel shall, as a minimum, wear safety-toed boots meeting ASTM Standard F2413 while working on construction sites.

14.1.3.4.2 Footwear providing protection against impact and compressive forces, conduction hazards, electrical hazards, and sole puncture shall comply with the applicable requirements of ASTM F2413.

Footwear providing protection against impact and compression hazards shall be rated as I/75 and C/75.

14.1.3.5 PPE- High-visibility Apparel

14.1.3.5.1 High-visibility apparel meeting, at minimum, ANSI/ISEA 107, Performance Class3 requirements, shall be worn by workers.

14.1.3.5.2 The apparel background material color shall be either fluorescent yellow-green, fluorescent orange-red, or fluorescent red (see ANSI/ISEA 107). When choosing color, optimization of color conspicuity between the wearer and work environment shall be considered.

14.1.3.6 PPE- Hand Protection

14.1.3.6.1 All employees will be issued the appropriate hand protection when exposed to hazards such as skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical burns, thermal burns, harmful temperature extremes, high hand vibration and sharp objects.

14.1.3.6.2 Employees shall be issued at a minimum, leather gloves that protect against sparks, moderate heat, blows, chips, and rough objects.

15.0 GOVERNMENT FURNISHED EQUIPMENT (GFE)

15.1 The government will not provide any GFE.

16.0 LIFE SUPPORT

The Contractor shall be responsible for providing all life support, which shall be included in their BOE. Life support includes an enclosed mobile unit at the construction site or close to a USACE office site in instances where daily back and forth commuting from the employee’s home to work is not feasible as determined by the USG, as well as two (2) meals/day. Life support differs from Contractor expenses as discussed in paragraph 10.0 in that Contractor expenses are to be made available for short term requirements, such as an occasional site visit or other mission of minimal duration and occurring infrequently. Life support is intended to cover occurrences where longer-term billeting and meals are required in a remote area that does not allow for a daily commute.

17.0 QUALITY CONTROL

17.1 The Contractor shall ensure that the requirements of this contract are met at the timeliness and quality levels specified by implementing a rigorous Quality Control Program (QCP). The Contractor shall maintain and make accessible to the USG representatives any information required by the contract and as required by the FAR and its applicable supplemental regulations. During the evaluation of the work, the Contractor shall provide the supervision, logistical support, safety monitoring, and quality control that are necessary to ensure the accuracy, quality, completeness, and progress of the services provided. The Government will validate the Contractor’s Quality Control Program through its own Quality Assurance Program.

17.2 Quality Control Plan:

17.2.1 The Contractor shall develop, implement and administer a (QCP) for Government acceptance. The QCP shall identify potential and actual problem areas in providing requirements of the contract as specified. The Contractor shall develop and maintain an effective quality control program and plan to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure themselves that work complies with the requirement of the contract. The Contractor shall ensure that corrective actions are applied to problem areas throughout the life of the contract. The QCP shall be provided to the CO within fifteen (15) days after contract award. Changes to the QCP shall be submitted to the CO and COR, no later than five (5) workings days prior to the effective date of change. The Contractor shall review and update the quality control plan and submit it for acceptance of changes fifteen (15) days prior to the beginning of the option period.

17.2.2 The basic intent of the QCP is that the Contractor is responsible for the quality of the services provided and safety of employees in accordance with the contract. All methods, procedures and forms shall support this concept. At a minimum, the QCP shall:

17.2.2.1 Be structured to assure reasonable quality control independent from any other parts of the Contractor’s organization.

17.2.2.2 Have direct accountability to the Contractor’s top management level.

17.2.2.3 Be a comprehensive program to plan and deliver quality services to the Department of

Defense.

17.2.2.4 Include information concerning prioritizing services in accordance with the most critical services.

17.2.2.5 Describe a method acceptable to the Government for identifying deficiencies in the quality of service performed under this order before the level of performance becomes unacceptable and address processes for corrective action without dependence on Government direction.

17.2.2.6 Describe methods of direct and indirect communications with the Government regarding performance. The communications shall include monthly formal meetings with the Government. Formal meetings will include, as a minimum, the Contractor’s In-country Program Manager and Contracts Manager. The formal meetings may include any Quality Assurance Experts, sub-Contractors, representatives, Resource Management and any other personnel necessary to complete the business on the meeting agenda.

18.0 QUALITY ASSURANCE

18.1 Quality Assurance (QA) is defined as the functions and associated actions performed by the Government to ensure that contract requirements are performed in accordance with specified standards, and that an appropriate level of Contractor quality control activities is in place and operational.

18.1.1 The Government executes its QA Program through direct observation supplemented by input from customers served by the Contractor. Successful quality assurance is a team effort. The PCO administers the Contract; CORs provide on-site contract administration, and IRO Quality Assurance Representatives (QARs) observe and evaluate performance, with input from the District PCOs and CORs. Together they provide an orchestrated team effort, which is essential to provide quality assurance for all aspects of the contract. The QAR shall notify the COR and/or the PCO immediately of the potential need for a change order; however, the QAR and/or the COR may not authorize any change to the contract. Discussions between the QAR and the COR or discussions between the QAR and the Contractor concerning Contract changes shall be documented in writing by the QAR and appended to the QA report.

18.1.2 The QA effort must carefully balance oversight, evaluation, and monitoring of Contractor operations so that compliance with performance standards within the contract is evaluated from observation.

18.1.3 For this contract the USG has developed a Quality Assurance Surveillance Plan (QASP) for the purpose of assuring that the Government receives the services specified in the contract and that the services meet the performance standards specified in the contract.

18.1.4 By employing a developed QASP, the Government and the Contractor achieve an understanding of performance expectations and how performance will be measured against those expectations.

18.1.5 A robust QASP ensures that all aspects of the contract are measured and receive fair and proper weight in the overall evaluation and ensures that the Contractor is meeting USACE and customers’ requirements.

18.2 The COR will address problem areas in writing related to the execution of the contract. The COR is responsible for resolving performance issues that do not affect cost or schedule.

18.2.1 The COR will immediately notify the PCO if satisfactory resolution of conflicts with the Contractor cannot be reached.

18.3 The customer will communicate complaints to the COR and not the Contractor. The COR will accept the customer complaints and will investigate the issue(s). Customer complaints may be used as a basis for identifying non-compliance with performance objectives.

19.0 NON-DISCLOSURE AGREEMENT

19.1 All information accessed, acquired, or gathered under this contract by the Contractor, to include information concerning other contractors, as well as any reports and recommendations prepared by the Contractor, shall be treated as privileged information by the Contractor and shall not, without the prior written consent of the PCO, be made available to any person, party or Government other than USACE, except as otherwise expressly provided in this contract.

19.2 The Contractor shall require each employee to sign a non-disclosure statement agreeing to the conditions specified herein.

20.0 PERFORMANCE REQUIREMENTS SUMMARY

PERFORMANCE REQUIREMENT SUMARY PWS

PARA

ACCEPTABLE

QUALITY

LEVEL

SURVEILLANCE

METHOD

Accurate and timely submission of deliverables.

PWS all Paragraphs

90% Random Sampling

Ensure qualifications of personnel conform to the requirement and duties as outlined in the contract.

PWS all Paragraphs

98% Random Sampling

Develop and administer a training program to assure employees meet the requirements outlined in the contract terms and conditions.

PWS all Paragraphs

95% Random Sampling

Develop and administer a safety program to ensure employee comply with USACE safety requirement.

Para 12.1.2

100% 100% Inspection

Ensure personnel are physically…