Amendment 0002 Solicitation W912PF24Q133 Amendment.pdf
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- Attached to
- Laboratory Sampling and Analysis of Potable Water, Wastewater and Unknown Waste and Material
- Solicitation number
- W912PF24Q0133
About this file
This document is a combined synopsis/solicitation for a federal contract for laboratory sampling and analysis of potable water, wastewater, and unknown waste and materials at USAG Italy DMC. The contract will have a base year from September 2024 to September 2025 with four one-year option periods.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the required services, which include:
- Sampling and analysis of potable water to verify compliance with Italian regulations and the Italian Final Governing Standards (IFGS)
- Sampling and analysis of wastewater to verify compliance with Italian regulations and the IFGS
- Chemical analysis of solid, liquid, and unknown materials, wastes, and contaminated soil/groundwater
Quotes are due by September 11, 2024 at 12:00 PM local time in Rome, Italy. Award will be made to the lowest priced offer that meets the minimum mandatory criteria, which include certifications for laboratory accreditations. Contractors must also provide required documentation for determination of responsibility. The contract will be awarded by the Department of the Army Materiel Command Army Contracting Command.
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Text version
W912PF24Q0133
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
AMENDMENT 0002
The purpose of this Amendment is to:
- Replace the Performance Work Statement, dated August 2024, with the Performance Work Statement, dated September 2024.
- Replace Attachment 4 Test Type, August 2024 with Attachment 4 Test Type, September 2024.
- Postpone the Solicitation due-in date to 11 September 2024, at 12.00 pm.
- Reply to the below Questions and Answers:
Question 1: In TT3B what do you mean by "maximum residence time"?
Answer 1: It means that the sample will be collected in the further sampling point in the distribution system.(see Attachment 4 and Attachment 3 for details).
Question 2: In TT5B only one dioxin is required "2,3,7,8 TCDD Dioxin" is a typo or is it just a parameter to be controlled?
Answer 2: 2,3,7,8 TCDD Dioxin is the only dioxin to be analyzed within TT5B.
Question 3: What type of waste will be the asbestos analysis? liquid? solid?
Answer 3: Solid Materials (soil, roof panels, floors, pipes, mastics, insulations, etc.)
(See the Performance Work Statement, September 2024, paragraph 5.4.2)
Question 4: For emergency sampling and analysis, we can enter a unit price for sampling, while for analysis it depends on which analysis you mean. has a cost increased in percentage. how can we best fill the economic offer?
Answer 4: Unit price to account the additional cost to schedule the sampling within 8 hours and release the analysis results with anticipated schedule, (See the Performance Work Statement at paragraph 5.3.1 and 5.4.1)
Question 5: The documentation indicates that the offer must be sent in English. can the required annexes and declarations be in Italian?
Answer 5: The certificates provided by Italian Entities, like CCIAA, ISO, DURC and the Self-Certification for Antimafia Communication will be in Italian.
Question 6: Finally, confirm that the offer must be produced by filling in the file "amendment 0001 solicitation conform copy" by sending it via email to you and your colleague Zanobini Answer 6: Quotes shall be submitted via e-mail, as indicated in the Addendum to FAR 52.212-1.
Prices shall be inserted in the Conform copy of Amendment 2. All documents required for Evaluation and Determination of Responsibility shall be submitted along with the quote, as indicated in the Addendum to FAR 52.212-1.
Question 7: As already anticipated by telephone, attachment 3 does not contain the items of the "waste water", and without this element it is not possible to complete our economic offer, since our offer is ready to be sent, but only this part is missing due to incomplete documentation.
We gently ask you to send us the missing attachment in order to proceed and send our application within the deadline.
Answer 7: No reference to the wastewaters is required on attachment 3. The reference is contained in the attachment 4, instead. This reference will be corrected in the PWS, dated September 2024.
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 09-Sep-2024 12:00 PM to 11-Sep-2024 12:00 PM.
The following have been modified:
ADDENDUM TO FAR 52.212-1
I. DOCUMENTATION TO BE SUBMITTED
All QUOTES must be submitted to the Contracting Officer no later than 11 September 2024 at 12:00 p.m.
"noon" (local time, Rome, Italy) as indicated in Block 8 of SF 1449. All quotes shall be submitted in English and include the company point of contact, phone number, and email address.
The Point of Contact and address for this contract is:
Ketti Andrei 414th Contracting Support brigade- RCO Vicenza Phone : 050-965-8766 Email: ketti.andrei2.ln@army.mil
The alternate point of contact for this requirement is:
Sonia Zanobini 414th Contracting Support Brigade – RCO Vicenza Phone: 050-965-8762 Email: Sonia.zanobini2.ln@army.mil
Only E-mail quotes will be accepted. Quotes shall include one scanned copy of the dated quote signed by an official fully authorized to bid the quoter submitted in Adobe Acrobat (PDF) format.
E-Mail Submission Instructions: Quoters shall submit their quotation via E-Mail using the subject line “W912PF24Q0133 – Laboratory Sampling and Anlysis, Potable Water, Wastewater and Unknown Waste and Materials, USAG Italy Darby Military Community (DMC)”. If more than one email is required to submit all quotation attachments, quoters shall indicate in the E-Mail number at the end of the subject (i.e. for the first of three E-Mails “W912PF24Q0133 – Laboratory Sampling and Anlysis, Potable Water, Wastewater and Unknown Waste and Materials, USAG Italy Darby Military Community (DMC)”., E-Mail 1 of 3).
If the quotation submission requires multiple E-Mails to submit, ALL E-Mails shall be submitted prior to the time listed above. E-Mails received after that time will be considered late and the quote will be rejected.
(NOTE: Recommended maximum file(s) size per email is no larger than 5MB. If quotation documents exceeds 5MB, submit in multiple emails.)
Quoters shall include the names and number of attachments in the body of each E-Mail. E-Mail submissions shall be sent to both of the above email addresses. Be advised that the Government does not provide automatic notification of receipt; please contact the point of contact via telephone or email to receive confirmation.
To be awarded a government contract you MUST have an NCAGE code (www.siac.difesa.it/) and be registered in SAM (https://www.sam.gov).
Pre-Quote Conference: The Pre-Quote Conference will be held via Teams on 9 August 2024 at 10.00 am. Please, send an e-mail to Ms. Andrei and Ms. Zanobini, indicating your intent to participate to the Conference and providing the names and e-mail addresses of the persons that would like to participate. A link with the invitation will be sent, before the pre-quote conference date and time.
Questions and Answers: All prospective quoters are highly encouraged to ask questions regarding this RFQ by email to Ketti Andrei at ketti.andrei2.ln@army.mil and to Sonia Zanobini at Sonia.zanobini2.ln@army.mil no later than ten (10) calendar days following the RFQ issue, date as identified in Page 1, block 6 of the RFQ.
Answers to questions may be posted to https://betasam.gov//.
II. DOCUMENTATION REQUIRED FOR THE EVALUATION
1. Failure to address all the mandatory requirements may cause the bidder to be disqualified from further consideration.
2. The quoter is responsible for submitting a well-written quote, with adequately detailed information, which clearly demonstrates compliance with the request for quotation (RFQ).
FACTOR I – CERTIFICATIONS
The following certifications shall be submitted and the offeror shall demonstrate to be in possession of the following documentation:
- UNI EN ISO IEC 17025-2005 “General Requirements for the Competence of Testing and Calibration Laboratories”
- UNI EN ISO 9001-2015 “Quality Management Systems”
- ISO EN 14000-2015 “Laboratory Services related Sampling and Analysis Requirements”
- The quoter shall demonstrate to be certified in accordance with ACCREDIA credit registration as follows:
POTABLE WATER more than 70% of all parameters to be analyzed WASTE WATER more than 70% of all parameters to be analyzed WASTE MATERIALS more than 50% of all parameters to be analyzed
FACTOR II – PRICE
Each Quoter shall provide a price for each CLIN included in the request for quotation, in Euro currency and without IVA tax. The United States government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with DFAR 252.229-7003, Tax Exemptions, and with Article 72 of the Italian IVA implementing Decree Law 633, dated October 26, 1972.
III. DOCUMENTATION REQUIRED FOR THE DETERMINATION OF RESPONSIBILITY
a. DOCUMENTO UNICO DI REGOLARITA’ CONTRIBUTIVA (DURC) The Quoter shall provide with the quote a copy certified and NOT older than 90 ninety days at the time set forth for the receipt of the quote of the DURC. (Documento Unico di Regolarita’ Contributiva). Self-certifications are NOT accepted, however if the Quoter has submitted a certified DURC to the issuing office (RCO Sub-Office Livorno) within 90 days from the due date of this quote, then the Quoter may submit a copy of the previously certified
DURC.
The document MUST include the following statement otherwise the quote will be rejected: “Con il presente document si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.
b. CERTIFICATE OF CHAMBER OF COMMERCE (ORDINARIO): The Quoter shall provide a copy of the Chamber of Commerce Certificate of Membership (Certificato di iscrizione alla Camera di Commercio), NOT older than two (2) months at the time set forth for the receipt of quotes. Self-certifications are not allowed. However, if the quoter has submitted a certified Chamber of Commerce Certificate of Membership to the issuing office (RCO Sub- Office Livorno) within 90 days from the due date of this quote, then the Quoter may submit a copy of the previously certified Chamber of Commerce Certificate of Membership.
c. SELF-CERTIFICATION FOR ANTIMAFIA COMMUNICATION: The Quoter shall complete the Attachment titled “Self-certification for Antimafia communication” consisting of one (1) page.
IV. ARMY CONTRACT WRITING SYSTEM (ACWS) TRANSITION INFORMATION TO OFFERORS
a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.
b. During this transition period, Offerors are hereby advised:
1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:
i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.
ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.
iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.
2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:
i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.
ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.
iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.
3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.
4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:
i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.
ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.
iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.
iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.
ATTACHMENTS
The following documentation is made part of this Request for Quotation:
Attachment #1 - Self Certification for Antimafia Communication Attachment #2 - DUVRI Attachment #3 - Monitoring Schedule_2024-2029, dated August 2024 Attachment #4 - Test Type, dated September 2024 Attachment #5 - Standard Operating Procedures Attachment #6 - Hazard General List
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
FOR
LABORATORY SAMPLING AND ANALYSIS, POTABLE WATER,
WASTEWATER AND
UNKNOWN WASTE AND MATERIALS
USAG ITALY – Darby Military Community DMC
September 2024
Part 1
General Information
1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.
1.2 Background: These services were performed on a recurring base during last five years. The requirement consists of laboratory sampling and analysis of potable water, wastewater and unknown waste and materials. The Laboratory shall provide all the necessary equipment/tools to test the quality of water and to characterize the unknown waste materials to ensure they are in compliance with applicable laws. The contractor will provide signed final reports on all sampling.
1.3 Scope: Contractor shall provide non-personal services. This is a non-personal service contract to provide specialized assistance services for laboratory sampling and analysis.
1.3.1 Perform microbiological and chemical analysis of potable water coming from water supply lines, located within the USAG Italy in order to verify conformance with the requirements set forth in Chapter 3 of the Italian Final Governing Standards (IFGS). The services included in this Performance Work Statement shall be accomplished based on Attachments #3 and #4. The Contractor shall collect water samples from the water distribution system at Camp Darby, Supply & Maintenance Area (Depot) and PASA.
1.3.2 Perform microbiological and chemical analysis of wastewater treated at the wastewater treatment plant located at Supply & Maintenance Area (South Depot) in order to verify conformance with the requirement call for by applicable current Italian regulations and the Italian Final Governing Standard (IFGS). Samples will be collected from different sections of the treatment plant to include lift stations. The lift stations are located within the Depot Area (N. 10), Darby Area (N. 7) and Ammunition Storage Area (N. 3).
1.3.3 Perform chemical analysis of solid and/or liquid unknown materials to document their composition, chemical analysis of unknown wastes to be disposed of, chemical analysis of substances that may have been mixed with other unknown chemical substances/wastes, and soil and groundwater samples resulting from activities and investigations performed by USAG Italy, Darby Military Community (DMC).
1.4 Objectives: The contractor shall perform the sampling activities and shall submit the laboratory analysis reports of onsite activities.
1.5 General Information:
1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.
The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 15 calendar days after the contract award. (Deliverable # A.001)
The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 calendar days from the contract award. If the Government has provided comments, the Contractor shall then have 3 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 30 calendar days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:
a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.
b. How the Contractor will monitor work to ensure that performance complies with all deliverables (etc.
timelines, deadlines, and goals).
c. How the Contractor will monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.
d. How the Contractor will ensure all keys issued will remain controlled items.
e. How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials.
f. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.
g. How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.
1.5.1.1 Reserved.
1.5.1.2 Quality Issue: The Contractor shall inform the COR of issues or potential issues that might affect the performance within 5 working hours of identifying those issues. Verbal reports shall be followed up by written reports within 2 work days.
1.5.1.3 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).
1.6 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS.
If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.
1.6.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.
HOLIDAY NAME DATE HOLIDAY NAME DATE
New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in
November Christmas Day December 25th
1.6.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.
HOLIDAY NAME DATE HOLIDAY NAME DATE
New Year’s Day 1 January Ferragosto / Assumption
Day 15 August
Epiphany Day 6 January Local Public Holiday* 8 September Easter Monday Monday after Easter All Saints’ Day 1 November Liberation Day 25 April Immaculate Conception
Day 8 December
Labor Day 1 May Christmas Day 25 December Republic Day 2 June
1.7 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.
1.7.1 Government Facility Office Hours: The Government facility office hours are 08.00 to 17.00 Monday through Friday except U.S. Holidays identified in paragraph 1.6.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
1.7.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0700 to 1800 e.g. Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.
1.7.3 Contractor Support Hours: The Contractor shall provide support between the hours of 08:00 to 17.00, Monday to Friday. For operational reasons, the COR might require to perform the service on Sunday and in other than above-mentioned hours. The contractor will be notified by the COR with seven days’ notice of any change in schedule.
The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.8 Contractor Work Plan: Reserved.
1.9 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.
1.10 Place of Performance: The work to be performed under this contract will be performed at USAG Italy DMC – DARBY, DEPOT and AMMO areas.
1.11 Security Requirements: The following information is provided on security related matters.
1.11.1 Security Program: Reserved
1.11.2 Personnel Security Clearance Requirements: Reserved.
1.11.3 Background Checks: Reserved.
1.11.4 U.S. Citizen: Reserved
1.11.5 Local Nationals and Third Country Nationals: Reserved
1.11.6 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13)
1.11.7 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.
1.12 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE
Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Italy specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.
The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.
The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.
AE Reg 190-16 can be found on the following website: https://media.defense.gov/2017/Apr/27/2001921546/-1/- 1/0/AER190-16.pdf
1.12.1 Installation Pass Log: In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within 15 days after contract award. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable # A.002).
1.12.2 Installation Pass Collection: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within ten
(10) calendar days (Deliverable # A.003)
1.12.3 Installation termination: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within ten (10) calendar days (Deliverable # A.003).
1.13 Common Access Cards (CAC): Reserved.
1.13.1 CAC Log: Reserved
1.14 Key Control: Reserved.
1.15 Post Award Conference/: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced.
Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.
1.15.1 Periodic Progress Meetings: The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.
1.16 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates.
The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.
1.17 Key Personnel. The Contractor shall provide a Program/Quality Control Manager who shall be responsible for the performance of the work. The name of this person shall be provided in writing to the Contracting Officer no later than five (5) calendar days from the contract award (Deliverable A.004). The Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract:
1.18 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
1.18.1 Contractors Workplace: Reserved
1.18.2 Contractor Identification: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S.
Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes. (Deliverable # A.005).
1.19 Contractor Travel: Reserved
1.20 Other Direct Costs (ODCs): Reserved.
1.21 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract.
All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.22 Non-Disclosure Requirements: Reserved.
1.22.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than 15 calendar days prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.
1.23 DoD Commercial Use of Imagery Guidelines: Reserved
1.24 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 Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.25 Phase In /Phase Out Period: Reserved.
1.26 Safety: The Contractor shall be aware of local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and U.S. Government property from damage. The contractor shall furnish all equipment, safety clouting and PPEs to protect workers during all work phases. As per D.Lgs n.81/2008 requirements, the contractor shall provide to the COR the following documents:
- POS (in accordance with D.Lgs n.81-2008);
- C.C.I.A.A. Certificate;
- DURC;
- Update and sign DUVRI (in accordance with D.Lgs n.81-2008).
The above documents shall be provided to the COR within 15 days after contract award (Deliverable # A.006).
1.26.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.
The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:
(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385- 1-1; will be reviewed for acceptance by designated Government personnel (Deliverable # A.007). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.
(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385- 1-1).
(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.
(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase.
(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:
(i) Short sleeve shirt.
(ii) Long trousers.
(iii) Steel-toed safety boots.
(iv) Hard hat.
1.26.1.1 Accident Prevention: In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal, State and Local requirements governing safety and health protection on construction sites and any other applicable occupational safety codes. The Contractor shall coordinate all work at the site, including development of plans and providing advance notices.
1.26.1.2 Safety Notifications: If requested, the Contractor shall complete and provide safety notifications to the host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than 15 calendar days (Deliverable # A.008) that such notifications were made.
1.26.1.3 Italian Safety Law D.Lgs. 81/2008: This project falls under the provisions of Italian Safety Law DLGS 81/2008. The Contractor shall comply with all requirements enforced by Safety Law 81/2008 and SMI, and in particular, before any work can start, and no later than ten (10) calendar days from the Award date, Contractor shall provide the documentation listed at chapter 1.20 (Deliverable # A.009).
1.27 Environmental Compliance: The following provides information on Environmental Compliance.
1.27.1 Environmental Compliance Plan and Program: the Contractor is considered the responsible waste generator of disposable and hazardous materials delivered from the works included in this contract. All the above wastes, also special wastes, hazardous and not hazardous, they shall be delivered, by contractor expense, to the authorized disposal landfill.
The contractor shall verify and prepare the documentation related to the material to be disposed as per current Italian and US regulations, in particular with reference to the D.Lgs n.152/2006
1.28 Required Training: The following provides information on training requirements.
1.28.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel. AT Level I awareness training is available at https://jkodirect.jten.mil.
Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies (Deliverable # A010).
1.28.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 calendar days of employment under this contract. Verification of the training shall be provided to the COR within seven days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within seven days after completion of the training.
(Deliverable # A011)
1.28.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally 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 30 calendar days after the contract is awarded and within 30 calendar days after new employees commence contract performance. Verification of the training shall be provided to the COR within seven calendar days after completion of the training (Deliverable # A012). Training slides can be found on the Army OneSource we site:
http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx
1.28.4 Information Assurance (IA) Training: Reserved
1.28.4.1 Cyber Awareness Training: Reserved
1.28.4.2 Information Technology (IT)/IA: All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment.
1.28.4.3 Army Training Certification Tracking System (ATCTS): Reserved
1.28.4.4 Network Access Training: Reserved
1.28.5 Personally Identifiable Information (PII): Reserved
1.28.6 Threat Awareness and Reporting Program (TARP): Contractor employees, including subcontractors, performing services under this contract with access to Government installations shall complete TARP training within 30 days of employment. Contractor personnel shall complete refresher training every twelve (12) months. The Contractor shall provide the COR a copy of the training certificate(s) within 7 calendar days after competition (Deliverable # 13). CORs will need to contact local military intelligence group to coordinate face to face training (https://usacac.army.mil/organizations/902d-military-intelligence-group/annual-training-requirements), if this is not feasible training (CAC required) is available at: https://www.lms.army.mil/learnerview/
1.29 Notice to Proceed: Reserved
1.30 Electromagnetic Compatibility Directive: Reserved.
1.31 Government Property and Services: Reserved
1.32 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.
installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.
PART 2
DEFINITIONS & ACRONYMS
2. Definitions and Acronyms:
2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.
Contracting Officer (KO) – means a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.
Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”
Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government.
The term used in this contract refers to the prime.
Contractor-acquired property – means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.
Day – means, unless otherwise specified, a calendar day.
Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.
Deliverable – means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.
Government-furnished property – means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.
Government property – means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
Property Administrator – means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.
High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.
Physical Security – means that part of security concerned with physical measures designed to safeguard personnel;
to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.
Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.
Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.
Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective.
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