A21)_W912PM-17-R-0014_P00003_Amendment.pdf

W912PM-17-R-0014

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

Solicitation W912PM17R0014 is hereby amended as follow s:

A) To provide further clarification/correction to Questions and Answ ers from Amendment 0002 and minor correction to PWS.

B) All other terms, provisions, and conditions of the solicitation remain unchanged.

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1. CONTRACT ID CODE PAGE OF PAGES

1 32

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

16C. DATE SIGNED

BY 14-Sep-2017

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 W912PM-17-R-0014

X 9B. DATED (SEE ITEM 11)

11-Aug-2017

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

14-Sep-2017

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: JOHN HILL

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS AND ANSWERS REVISED

Revised/Clarified Q and A from Amendment 0002

Question: Can the Government provide the name of the current BAS contractor?

A. Currently there is not a building automation system (BAS) contractor.

Question: Is the contractor to provide a CMMS or will the Government provide one for inventory management and work orders?

A. The government is purchasing a new CMMS system. The CMMS is anticipated to be in place by 01 January 2018 to list inventory; estimated completion is 6 months minimum; but may take a little longer.

Question: If the Government is providing the CMMS, what is the name of the system?

A. The Government will be providing the CMMS, however as mentioned above, it is not yet purchased therefore the name of the anticipated system is not being released.

Question: Is contractor or government responsible for any software purchases or upgrades?

A. Government provided and maintained.

Question: What, if any, computers and software will be provided to interface with CMMS system?

A. There will be one (1) Government furnished terminal provided to interface with the system.

Question: Can the Government verify that chemical treatment for chilled water system is not included in the PWS under this contract?

A. The Contractor will not be providing the chemical treatment for the chilled water system. DPW is responsible for performance of that task.

Question: Can the Government provide an outline of what, if anything, is required in the technical proposal besides resumes for key personnel, and how the technical proposal will be evaluated other than specific experience and credentialing requirements for key personnel?

A. The only submittals required are the Key Personnel Resumes. PPQ’s can be submitted but are not required.

Clarification: FAR 52.212-2 Evaluation advises, “Technical and past performance, when combined, are approximately equal to cost or price.”

Furthermore, for technical factors it states, “Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.”

Question: Does the Government require a technical proposal to include a management plan, or a technical approach to performing the services listed in the PWS, or a Quality Control Plan, or any other sections other than key personnel resumes?

A. The only submittals required are the Key Personnel Resumes. PPQ’s can be submitted but are not required.

Question: Will the Government accept electronic proposal submission to the CO/COR’s email address?

A. Yes. As per the Supplemental Information #6, “Proposals, to include a completed SF1449 and required submittals, shall be submitted via email to the Contract Specialist, Tonja Dreke at Tonja.j.dreke@usace.army.mil “. You may submit proposals directly to the Contracting Officer, John Hill, at john.t.hill@usace.army.mil. Do not submit proposals to anyone other than the Contract Specialist/Contracting Officer.

Question: PWS, Sect. 2.1.8, Key Personnel, Page 17. The second sentence states the following: “When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.” Since the evaluation of this proposal appears to be lowest price, technically acceptable, then is it necessary to have firm commitments from key personnel?

A. Yes; firm commitments are required.

Question: PWS, Sect. 4.2, Page 20. The first sentence notes “there shall be no additional costs to the Government for any replaced items”. Can you clarify this statement? If an HVAC system requires replacement rather than repair, the Contractor is responsible for the entire replacement cost? If only repair is required, will the Contractor be reimbursed for repair supplies?

A. There shall be no additional costs to the Government for any replaced items, except for the cost of the item itself. As the nature of materials in this contract is on a cost reimbursable basis, the contractor will be reimbursed for the cost of the materials required to effect repair (whether that means repair by replacement, or rebuild). No additional cost will be acceptable.

Question: PWS, Sect. 4.3, Page 20. Are the expendable supplies listed in Technical Exhibit D? If not, what is the purpose of Technical Exhibit D?

A. Technical Exhibit D is Major Equipment List required to be kept on hand in accordance with PWS 4.3 Expendable Supplies. In Amendment 0002 it was renamed to Expendable Supplies for clarification purposes.

Question: Where does the Tool Price need to be submitted into the Proposal?

A. Tool costs are a cost of doing business. The cost of tools will not be directly reimbursed to the contractor.

Question: Where does the pricing for the Project Manager position come from, there is not a position available from the Davis Bacon Wage Rates.

A. The pricing for the PM comes from the contractors calculations. You’re correct, there isn’t a WD rate because PMs are usually salary and not hourly.

Question: PWS needs to include that the work stoppage for the Contractor will be 5’ outside of the Building

A. Please be aware 5’ outside the building won’t cover systems such multiple tasks covered in the PWS such as 5.5 Preventative Maintenance, 5.14 Chiller Maintenance, 5.17 Furniture moves and potential other tasks contained within the PWS which can occur amongst the buildings that take place outside a 5’ perimeter.

Question: How is the contractor going to be in compliance with the Security Clearances taking longer than 90 days or up to 9 months to complete the Security Clearance Process.

A. USASOC has confirmed the process within the PWS as the correct process.

Question: 4.4 Non-Expendable Supplies – Is this Material only No Labor correct.

A. This is correct, only material.

Question: Who initiates work orders?

A. COR will provide the work orders to the PM. As stated at the site visit, a new system will come online around January 2018 where work orders will be processed/managed.

Question: Is the Preventive Maintenance Plan the same as the Preventive Maintenance Program?

A. The “plan” is a part of the “program”. The plan is the document which describes the program.

Question: 5.10 Wood and Non-Wood Items: Will the mold remediation be priced separate from the current contract?

A. The mold remediation will not be separately priced. This isn’t the same type remediation as what you’d find on building interior or within the building envelope.

The PWS 5.10 describes this task and how it will be accomplished. It is covered under the maintenance CLIN.

Question: 5.12 Plumbing and Pipefitting: Will there be a special certification to work on the pumps (sanitary) inside of the building?

A. No.

Question: 5.15 Electrical Equipment: Sandhills Utilities currently handles the Generators for the USASOC Facility will this continue or will the contractor have to assess and handle the work for the Generators?

A. This is a contract held by DPW. DPW is the only one authorized to manage the work for the generators.

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Facilities Maintenance and Support Services

U.S Army Special Operations Command (USASOC) Headquarters Building (E2929) Fort Bragg, NC.

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide Facilities Maintenance and Support Services (FMSS) to U.S Army Special Operations Command (USASOC) Headquarters Building (E2929) Fort Bragg, NC. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Facilities Maintenance and Support Services as defined in this Performance Work Statement except for those items specifically identified as government furnished property, material, equipment or services elsewhere in this PWS. The contractor shall perform to the standards in this contract.

1.2 Objectives: This contract provides for facilities maintenance and support services to activities, grounds, infrastructure and equipment located at (USASOC) Headquarters Building (E2929) Fort Bragg, NC. And in the event of Emergency’s only 9 other various campus buildings, Attachment 6/Technical Exhibit F ( i.e. broken water lines, AC problems, Heating problems in support of DPW). The purpose of the contract is to support mission accomplishment by providing a comfortable working environment and safe, well-maintained buildings for occupants, users, and visitors to USASOC. To meet this goal, close coordination is required between the Contractor and Contracting Officer's Representative (COR) to efficiently provide maintenance services while minimizing disruptions to operations within the facilities.

Scope: Facilities Maintenance and Support Services (FMSS). The intent of this contract is to have a contractor in place to meet all USASOC FMSS requirements. The contractor shall provide personnel, management, supplies and any other items and services necessary to perform this Performance Work Statement (PWS) for Facilities Maintenance and Support Services unless specifically identified as Government furnished elsewhere in this PWS.

The contractor shall provide the technical and functional activities at the contract level needed for program management of this PWS, including productivity and management methods such as Quality Control, Work Breakdown Structure, and Human Engineering as well as centralized clerical, documentation and other related administrative functions. All work performed by the contractor shall be in accordance with all applicable laws, regulations and commercial practices.

1.3 Period of Performance: The period of performance will be a base period of 12 months from the date of award and four (4) 12 month option periods.

1.4 General Information

Quality Control: The Contractor shall develop and maintain an effective quality control program, with monthly customer feedback reports, to ensure services are performed in accordance with the 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 he assures himself that his work complies with the requirement of the contract. Copies of the comprehensive written QCP shall be provided to the Contracting Officer and COR within 30 days after contract award. Recommended changes / Updates to the QCP shall be forwarded to the Contracting Officer for review and acceptance within 5 days of the Recommended Changes / Updates.

1.4.1 Recognized Holidays: The contractor is not required to work the following Federal Holidays. New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.4.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730- 1630 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings including officially distributed Executive Orders. 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. Any requests for deviations to the normal business hours shall be made in writing to the COR for approval.

1.4.2.1 Over Time Hours: Hours of work applied outside normal operating hours as specified, In the event of repairing / replacing a required system / unit in E2929 if additional time is required to complete on going task the Contractor will inform the COR 30 min. prior of duty day ending for approval of overtime hours needed to complete the work.

1.4.3 Place of Performance: U.S Army Special Operations Command (USASOC) Headquarters Building

(E2929) Fort Bragg, NC and only during normal working hours unless an emergency arises as specified in paragraph 5.1 of this PWS.

1.4.4 Type of Contract: The government will award a firm fixed price contract.

1.4.6 Requirement for OPSEC Training: Operations Security (OPSEC) denies adversaries information about friendly intentions and capabilities. Contractor employees must complete Level I OPSEC Awareness Training in accordance with AR 530-1, Operations Security. New employees must be trained within 30 calendar days of their reporting for duty, Contractor shall submit training certificates of completion within 5 days of new employees reporting for duty and annually thereafter. The contractor shall identify and protect information an adversary could use to defeat U.S. Forces, consistent with AR 530-1.

1.4.6.1 AT Level I training. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall complete AT Level I Awareness Training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contract employee and subcontract employee to the COR (or to the contracting officer, if a COR is not assigned) within 90 calendar days after completion of the training by all employees and subcontractor personnel. This is an annual training requirement. AT Level I training is available at:

https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam.

1.4.6.2 iWATCH training. The Vendor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the government requiring activity Antiterrorism Officer (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 or the designated security office. Training shall be completed within 60 calendar days of contract award and within 30 calendar days of new employees' commencing performance with the results reported to the COR no later than 90 days after contract award and new employees' commencing performance.

1.4.6.3 Information assurance/information technology training. All contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD, Army, USSOCOM and USASOC training requirements in DODD 8570.01, DoD 8570.01-M, AR 25-2 and published USSOCOM and USASOC requirements within 180 calendar days of employment.

1.5 Security Requirements: Contractor personnel or any representative of the contractor entering USASOC shall abide by all security regulations and shall be subject to security checks. The Contractor shall be responsible for safeguarding 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. The Contractor shall comply with DoD security requirements and the requirements specified herein in accordance with (IAW) AR 190-13, AR 380-5, AR 380-67, AR 525-13, DoD Regulation (REG) 5000.1-R, and DoD REG 5200.2-R. The Contractor shall complete and submit DD Form 254 found in Attachment 8.

1.5.1 Access and general protection policy and procedures. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall comply with applicable security policies and procedures (provided by the government representative).

This includes policies pertaining to the use or prohibition of electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a Government Installation, the Contractor must obtain written permission from the Senior Commander. The contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should Force Protection Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes.

1.5.2 For contractors that do not require CAC, but require a federal ID access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). When issued by local authority the Contractor shall report departed employees and the dates their local identification cards were returned to the COR or the Installation issuing facility as of the last day of the month on a monthly basis. The report will include the names and circumstances of those departed employees whose local identification card was not retrieved. Negative reports are required.

1.5.2.1Personnel Security Requirements. The Contractor shall comply with Government personal identity verification procedures implemented in Homeland Security Presidential Directive - 12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-OS-24, and Federal Information Processing Standards Publication (FISP PUB) number 201.

1.5.3 Access to government information systems. All contract employees with access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services and must successfully complete the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.

1.5.4 Handling / access to classified information. The Vendor shall comply with FAR 52.204-2, Security Requirements for access to information classified "Confidential", "Secret", or "Top Secret". The Vendor must execute a Security agreement (DD Form 441), IAW the National Industrial Security Program Operating Manual (DoD 5220.22-M) and any revisions to DoD 5220.22-M (Note: A DD Form 254 will be required for any contract that requires access to classified information and/or a security clearance.)

1.5.5 Vendor to obtain a Facility Clearance and individual clearances at the appropriate level. The Vendor must obtain a Facility Clearance at the appropriate level (IAW the NISPOM DoD 5220.22-M) within 120 days of the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance at the appropriate level within 120 days of the period of performance. Security clearances and Facility Clearance (FCL) requirements are required to be maintained for the life of the contract in accordance with the DD254 attached to the contract.

1.5.6 Pre-screen applicants using E-Verify Program. The Vendor must pre-screen applicants using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the applicant has two valid forms of government issued identification.

1.6 Security Clearances. The contractor shall obtain and maintain all required facility and individual personnel security clearances throughout the period of performance as specified in the issued DD Form 254, Department of Defense (DoD) Contract Security Classification Specification. The contractor shall ensure employees that require security clearance or access to a computer/pc/terminal will be cleared prior to acquisition of automation and classified information. Due to the nature and location of work to be performed under this contract, the requirement to access restricted areas, classified equipment shipment, receipts and classified data, specified Contractor personnel shall possess the appropriate security clearances for the level of work performed as outlined in current applicable security regulations. If contractor does not have personnel with current Security Clearances, Contractor shall / has 120 days to acquire Security Clearances. If Contractor is unable to acquire Security Clearances in the allotted time Contractor shall submit in writing to the COR and Contract Officer as to the delay and if more time is required for approval by the Contracting Officer. If Contractor is unable to acquire Security Clearances the Contractor will be subject to Termination.

1.6.1 Individual Clearances: All personnel providing services inside the buildings of USASOC require at a minimum Secret Security clearance.

1.6.2Employee Termination: The Contractor shall perform debriefing procedures for departing employees IAW all current applicable publications and regulations. Completion of SF Form 312 Classified Information Nondisclosure Agreement must be completed at the time of debriefing and must comply with standards prescribed IAW Code of Federal Regulations (CFR), Title 32, Part 2003, National Security Information - Standard Forms. This obligates the individual so that disclosure of any information heard during tenure and provided to foreign personnel/governments constitutes a breach of security with severe penalties.

1.6.3 Physical Security/Security: The Contractor shall be responsible for safeguarding all Government property provided to the Contractor IAW applicable government property accountability programs. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.4 Roster. The Contractor shall provide a roster of personnel expected to perform services under this contract to the COR, no later than ten (10) workdays prior to commencing work. This personnel roster shall include the employee's full name, position to be held and level of security clearance held. The Contractor shall update this roster within ten (10) calendar days if personnel changes occur during the duration of the contract and provide a copy to the COR. The Contractor shall update and provide the COR this roster whenever personnel changes occur during the duration of the contract. Personnel assigned to positions that require certifications or security clearances shall have the certification or security clearance in place prior to filling the position.

1.6.5 Special Qualifications, Areas/Identification/Appearance/Conduct/Installation Regulations. All personnel providing services inside the buildings of USASOC shall be Citizens of the United States and shall be able to read, speak, write, and understand the English language. The Contractor shall ensure that all employees are legal residents of the United States, qualified, possess the State of North Carolina or Federal certifications for their industry, skills, knowledge, training and completion of required State of North Carolina or Federal continuing education requirements to maintain qualifications for their skill, and satisfactorily perform the services required by the contract. If a certification is not required to perform the type of work assigned, the individual must have verifiable work experience not less than 3 years in duration.

1.6.6Personnel performing work under this contract: shall not be considered employees of the Government.

All employees assigned by the Contractor to perform work under this contract shall be physically able to do the assigned work during the entire period of the contract.

1.6.7 Special Security Areas. In order to enter and work in TS/SCI restricted areas, such as a Sensitive Compartmented Information Facility (SCIF), the security requirements are in accordance with the DD254.

1.6.8Contractor personnel operating equipment: or vehicles in performance of this contract shall have current, valid state and Government operating licenses as well as certifications for equipment they operate during contract performance.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (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 will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10Contracting Officer Representative (COR). The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: 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 furnished property, and provides site entry coordination of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.11Key Personnel and Mission Essential Contractor Services. The follow personnel are considered key personnel by the government: Project Manager, HVAC Technician, Electrician, and Skilled Laborer.

1.6.11.1 The contractor shall provide a Project Manager (PM): who shall be responsible for the management and coordination of the performance of the work. The name of this person and an alternate who shall have same / similar required experience level, who shall act for the contractor when the manager is absent, and shall be designated in writing to the contracting officer. The PM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The PM or alternate shall be available between the hours of 7:30 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below.

1.6.11.2 The Project Manager: shall be fully qualified in the management and coordination of maintenance and support services contracts. The Project Manager shall have a minimum of three (3) years of experience in the supervision of personnel in facilities maintenance.

1.6.11.3 HVAC Technician: Heating Ventilation and Cooling (HVAC) Technician must have certification as HVAC mechanic with at least 3 years of experience working on HVAC systems and associated equipment and must have EPA Universal certification for handling refrigerants. The HVAC Technician will be required to diagnose causes of problems and/or failures in heating/air conditioning systems for the purpose of identifying equipment and/or systems repair and/or replacement needs. Perform routine and preventive maintenance as needed for the purpose of ensuring the ongoing functioning of HVAC systems. Repair heating and air conditioning systems and/or components (e.g. pumps, motors, air handlers, fan coils, piping, etc.) for the purpose of ensuring a comfortable work environment and maintaining operational readiness. Inspect HVAC systems and their components (e.g. heating units, building exhaust fans, ventilation units, etc.) for the purpose of evaluating condition, identifying necessary repairs and recommending preventive maintenance. Install heating and air conditioning equipment and systems for the purpose of providing enhanced and/or upgraded capabilities.

Cleaning: Ventilation Supply and Return Diffusers, Lighting Fixtures: The Contractor shall clean and dust all, including ceiling mounted, HVAC diffusers, grilles, supplies, and returns, and all light fixtures, and similar items.

RESULT: All HVAC diffusers, grilles, supplies, and returns, and all light fixtures shall be free of dust, lint, litter, streaks, dirt, and dry soil.

1.6.11.4 Electrician: must have at least 3 years of journeyman electrician experience. Previous experience shall include installing electrical equipment and systems for the purpose of providing enhanced and/or upgraded capabilities. The Electrician will be required to perform preventative maintenance and repair measures of all electrical equipment in compliance with all NFPA and NEC codes ensuring operational readiness, and respond to emergency situations during or after hours for the purpose of resolving immediate safety and operational concerns. Diagnose causes of problems and/or failures in electrical systems for the purpose of identifying equipment and/or systems repair and/or replacement needs.

1.6.11.5 Skilled Laborer: Painting and Coatings - The Contractor shall maintain the interior and exterior walls of the facility. The finish shall be free from runs and misses. The walls shall remain smooth and free from defects.

Use of industry standard coatings for interior and exterior surfaces appropriate for conditions (ability to wipe clean, rust proof, temperature, etc.) are required to maintain each facade.

Carperntry - The Contractor shall be able to construct. Erect, install, and repair structures and fixtures of wood, plywood, and wallboard, using carpenter's hand tools and power tools.

Plumbing and Pipefitting: The Contractor is responsible for maintaining and repair at an acceptable level all plumbing and pipefitting systems and equipment for USASOC HQ Building E 2929. The Contractor's responsibility for all visible and hidden utility systems of USASOC HQ Building E 2929, (i.e. break area, bath rooms, storage rooms)

1.6.11.6 The Project Manager, the HVAC Technician, Electrician, and Skilled Labor Personnel will NOT be required to respond to after-hour calls. The contractor shall provide and maintain an emergency response phone number for contact after normal operating hours in the event of a power outage, chiller failure, or other equipment issue that affects normal operation. All personnel designated to respond to emergencies during normal duty hours shall be fully trained in emergency actions and be knowledgeable of all mechanical systems in order to restart, bypass, repair, or otherwise return systems to normal operations.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12.1 Appearance of Personnel. The Contractor shall ensure that contract personnel present a neat and professional appearance at all times. Contractor's personnel shall remain fully clothed at all times while performing under this contract. This includes shirts with sleeves (short or long), long pants, and shoes.

Offensive pictures, sayings, tank tops, tee shirts and spandex or similar fabric worn as outerwear are strictly prohibited.

1.6.12.2 Uniforms. The contractor shall require all employees, including supervisors, to wear distinctive uniform clothing with the contractor’s name for ready identification. At all times during contract performance contractor personnel shall wear a shirt or vest with the company logo and name. Every employee is to be in uniform no later than ten working days from the date an employee first enters on duty. Uniforms must be cleaned and well maintained. Employees must be neatly groomed and presentable. The Government reserves the right to approve the uniform recommended by the Contractor.

1.6.13 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/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.

1.6.14 Conduct of Personnel. Contractor personnel's conduct shall not reflect discredit upon the Installation or the Department of the Army. The Contractor shall remove any employee for any security violations from the jobsite as determined by the Contracting Officer or Security Office. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service.

1.6.14.1 The Contractor shall not: employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest nor shall the contractor employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with the Joint Ethics Regulation. In addition, the contractor shall not employ any person who is an employee of the Department of the Army if such employment would be contrary to DA policies.

1.6.15 Vehicle Registration for Contractor-Owned and Contractor Employee-Owned Vehicles. The Contractor shall comply with the requirements of Fort Bragg, North Carolina regarding registration of Contractor-owned and Contractor employee-owned vehicles. Prior to commencement of performance, the Contractor shall provide the Government (Contracting Officer Representative) with names of all employees who will be driving a privately owned vehicle onto the Installation.

1.6.16 Installation Access and Control. This installation is a closed Installation with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property.

Contractor vehicles (Contractor-owned and personal), Contractor personnel, and their personal property shall be subject to inspections and searches upon entering or leaving the Installation as authorized in AR 190-5, Motor Vehicle Traffic Supervision. The Contractor may be subject to installation closure exercises that may have an impact on performance.

1.6.17 Reporting of facility defects. All facility defects, such as dripping faucets, leaking or clogged toilets, broken locks, etc. shall be reported to the Facility Manager and COR no later than the next work day.

Emergencies such as safety hazards, security faults (an open window either interior or exterior that cannot be secured) or critical damage to facilities shall be reported within thirty (30) minutes to the Facility Manager, COR or Customer Service Desk.

1.7 Safety Requirements.

1.7.1 Contractor shall comply with OSHA [ http://www.osha.gov ] and all pertinent provisions of the 29 CFR 1910, and EM 385-1-1 [ http://www.usace.army.mil/inet/usace-docs/eng-manuals/385-1/toc.htm ], Safety and Health Requirement Manual.

1.7.2 Reporting of Fire and Safety Hazards: The Contractor shall train his personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire, safety hazards, and unsafe conditions to their supervisor. The Contractor shall take corrective action to remedy reported deficiencies in accordance with the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.7.3 Environment and OSHA: The Contractor shall comply with all local, state, and federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer and/or the COR final resolution. The Contractor shall notify the Contracting Officer or COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines; penalties, and costs which result from violations of, or failure to comply with, all such local state, or federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the Contracting Officer or COR.

1.7.4 Equipment Safety.All equipment used in the performance of this contract shall be kept intact and in good condition at all times. The Contractor shall comply with OSHA requirements and pertinent provisions of the publication, Safety and Health Requirements, US Army Corps of Engineers EM 385-1-1.

1.7.5 The Government: has the discretion to inspect equipment used by the Contractor in performing this contract to determine if the equipment is in a safe and operable condition. If the equipment is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove the equipment from service immediately and insure that this equipment is replaced or repaired to a safe and operable condition. The Government does not assume and hereby specifically disavows any duty to inspect the equipment in order to assure safe operation. The Contractor is at all times responsible for assuring equipment is in a safe and operational condition and shall perform all tasks in a safe, responsible manner.

1.8 Personnel Safety.

1.8.1 The Contractor shall perform work requirements in a manner which protects occupants within the area from any harm or injury. Operations, especially before a weekend, shall be arranged so that all areas are left in a condition that would not jeopardize the occupants or the Contractor.

1.8.2 The Contractor shall immediately correct all safety deficiencies upon discovery of or notification by contractor personnel, the Contracting Officer, COR, or a third party, and shall notify the Contracting Officer or COR of the corrective action to be taken. A safety deficiency, when identified to the Contractor, shall be deemed sufficient to initiate corrective action.

1.8.3 The Contractor shall not leave equipment unattended or in a condition that would expose occupants within the area to safety hazards, harm, or injury.

1.8.4 The Contractor shall be responsible for equipping and instructing contractor employees in appropriate safety measures and shall not permit contractor employees to utilize office furniture to stand on or to place machines, and other equipment in traffic lanes or other locations in such a manner as to create safety hazards.

1.8.5 Accident Protection and Emergency Medical Treatment.

1.8.6 The Contractor shall stock each vehicle with OSHA compliant first aid kits to care for minor injuries sustained while performing work.

1.8.7 Emergency Plan All Contractor employees and the COR shall be provided with information pertaining to the Contractor's arrangements for emergency medical treatment prior to the contract start date. This information shall include contact numbers and emergency notification procedures for family members due to COR within 30 days from Award of Contract..

1.8.8 The Contractor or their employees shall immediately notify their Supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the Contracting officer or COR within thirty

(30) minutes of the incident. In no case should there be a delay in summons of medical assistance due to inability to contact a supervisor.

1.8.9 Emergency Services.

1.8.10 Police and Fire protection are coordinated by Fort Bragg, North Carolina and provided by local government service providers (City of Fayetteville and Cumberland County).

1.8.11 Emergency Medical Treatment: Medical services for Contractor personnel are the responsibility of the Contractor. To the extent possible, the Government will provide, on an emergency basis, medical services for injuries while an employee’s performing under this contract. Such emergency medical care will be limited to those services necessary to prevent undue suffering or loss of life; and will be provided only during the period of emergency. In such circumstances, action shall be taken to transfer employees of the Contractor to a civilian health care provider as soon as the emergency period ends. The Contractor shall reimburse the Government for emergency medical services provided upon receipt of an invoice. Failure to make payment may result in the Contracting Officer deducting the invoiced amount from future payments.

1.9 Lost and Found. All articles found by Contractor personnel to whom a reasonably prudent person would assign monetary, personal, or other value (including possible contraband items) shall be turned in to the COR. The Contractor shall obtain receipts for articles turned in to the COR.

1.10 Contractor Damages. The Contractor shall be responsible for all damages to Government property occurring as a result of contract employees' work and shall make all necessary repairs at no cost to the Government and to the satisfaction of the Government. The Contractor shall reimburse the Government for damages within thirty (30) days of occurrences. The Contractor shall notify the COR no later than the next work day of any damages caused by the contractor employee's or equipment.

PART 2 DEFINITIONS & ACRONYMS

1 DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1 ACCEPABLE QUALITY LEVEL (AQL). The maximum percent defective allowed for satisfactory performance, wherein performance will still be considered satisfactory.

2.1.2 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.3 CONTRACTING OFFICER. 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.

2.1.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.7 CALCULATION OF DIRECT LABOR COSTS. For the purposes of this contract, the calculation of Direct Labor Costs shall be based on SCA wage rates including all SCA fringe benefits. Direct Labor Costs do not include any overhead costs, general & administrative (G&A) costs or profit. The calculation does not use any premium time pay differential (overtime, holiday, night time, etc.). The calculation is made by multiplying the appropriate SCA labor category’s hourly wage rate (fully burdened with the SCA fringe benefits) by the estimated labor hours needed to complete the contemplated task.

2.1.8 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.