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RFQ/SOLICITATION NUMBER: W912QM-18-Q-0074
Commercial Telecommunication Services – JTF-Bravo
Date: 22 Aug 18
STREAMLINED SOLICITATION:
i. This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
ii. The solicitation number is W912QM-18-Q-0074 and is issued as a Request for Quote (RFQ).
iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-99, effective date 15 June 2018.
iv. The associated North American Industrial Classification System (NAICS) code for this procurement is 517311, Wired Telecommunications Carriers with a small business size standard of $1,500 Employees. This requirement is not being set aside for Small Businesses.
v. CLIN Structure:
Item SUPPLIES/SERVICES. QTY
UNIT
ISSUE UNIT PRICE TOTAL
CLIN
Telecommunication Service (see Performance Work Statement) for more details Base Year (23 Sep 2018 – 22 Sep 2019) 12 Months $ $
CLIN
0002 Contractor Manpower Reporting (CMR) 1 Job $` $
CLIN
Telecommunication Service Option Year 1 (23 Sep 2019 – 22 Sep 2020) 12 Months $ $
CLIN
1002 Contractor Manpower Reporting (CMR) 1 Job $ $
CLIN
Telecommunication Service Option Year 2 (23 Sep 2020 – 22 Sep 2021) 12 Months $ $
CLIN
2002 Contractor Manpower Reporting (CMR) 1 Job $ $
CLIN
Equipment Relocation (See Performance Work Statement) for more details 1 Job $ $
CLIN
Telecommunication Service Option Year 3 (23 Sep 2021 – 22 Sep 2022) 12 Months $ $
CLIN
3002 Contractor Manpower Reporting (CMR) 1 Job $ $
CLIN
Telecommunication Service Option Year 4 (23 Sep 2022 – 22 Sep 2023) 12 Months $ $
CLIN
4002 Contractor Manpower Reporting (CMR) 1 Job $ $
vi. Description of the Requirement:
The 410th CSB, Regional Contracting Office requires Telecommunication Services in support of United States MILGRP and Joint Task Force Bravo, Soto Cano Air Base Honduras. See Statement of Performance Work Statement (PWS) below for more details.
vii. Place of Delivery and Acceptance:
Delivery Sites:
United States MILGRP, Tegucigalpa Joint Task Force Bravo, Soto Cano AB, Palmerola, Comayagua
Acceptance:
JTF-Bravo J6 Soto Cano AB, Palmerola, Comayagua Hoduras Central America
Applicable Provisions:
viii. 52.212-1, Instructions to Quoters —Commercial Items Addendum
NOTE: This addendum replaces FAR 52.212-1 in its entirety. It can be revised as needed to reflect the specific requirement, such as paragraph c) Period for Acceptance of Quotations, (e) Multiple quotations, (h)Multiple purchase orders, etc.
This addendum replaces provision FAR 52.212-1 in its entirety.
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of quotations. Submit signed and dated quotations to the office specified in this solicitation via email to maria.n.reyesromero.fn@mail.mil with courtesy copy to larry.l.epps.mil@mail.mil at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of quotations;
(3) The name, address, telephone number and email address of the quoter;
(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of quotations. The quoter agrees to hold the prices in its quotation firm for 30 calendar days from the date specified for receipt of quotations.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.
(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of quotations.
(1) Quoters are responsible for submitting quotations, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations or revisions are due.
(2) Any quotation, modification, revision, or withdrawal of a quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is “late” and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
(g) Issuance of Purchase Order. The Government intends to evaluate quotations in accordance with FAR 13.106.
The Government will not use the formal source selection procedures described in FAR Part 15. The Government may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Government may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order.
(h) Multiple Purchase Orders. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise.
(i) Contractor and Government Entity (CAGE) Code or NATO Contractor Government Entity (NCAGE) Code.
The quoter shall enter its CAGE or NCAGE code in the block with its name and address on the cover page of its quotation, in accordance with FAR 52.204-16.
(j) Data Universal Numbering System (DUNS) Number. The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and
Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by the Contracting Officer, the quoter shall be registered in the SAM database prior to issuance of purchase order, during performance and through final payment. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Requests for Information: The Contracting Officer will not notify unsuccessful quoters. Quoters may request information on purchase order(s) resulting from this solicitation.
(End of provision)
ix. FAR 52.212-2 Evaluation of Quotes—Commercial Items ADDENDUM
This addendum replaces provision FAR 52.212-2 in its entirety.
(a) The Government will issue a purchase order resulting from this solicitation to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered, in accordance with FAR 13.106. The following factor(s) shall be used to evaluate offers:
Lowest Price Technically Acceptable (LPTA)
(b) Options. The Government will evaluate quotations by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quotation is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) Notification. For acquisitions for which automatic notification is not provided through an electronic commerce method that employs widespread electronic public notice, notification to unsuccessful quoters shall be given only if requested or required by FAR 5.301.
(End of provision)
x. Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items (Nov 2017) Alternate I, with its offer.
xi. 52.212-4, Contract Terms and Conditions—Commercial Items (Jan 2017) applies to this acquisition, no addenda has been done.
xii. 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders— Commercial Items (DEVIATION 2013-O0019) (Jan 2018) applies to this acquisition.
xiii. The following clauses also apply to this acquisition:
52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil
AMC Level Protest -- If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC.
The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:
Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840
Clauses Incorporated by reference:
52.202-1, Definitions (Nov 2013);
52.204-7, System for Award Management (Oct 2016);
52.217-8, Option to Extend Services (Nov 1999) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Jan 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-50 Combatting Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-14, Inconsistency Between English Version and Translation of Contract (Feb 2000);
52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (Oct 2015) 52.229-6, Taxes -- Foreign Fixed-Price Contracts (Feb 2013);
252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Sep 2011);
252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sept 2013);
252.203-7005, Representation relating to compensation of former DOD officials (Nov 2011);
252.209-7004, Subcontracting With Firms That Are Owned or Controlled By the Government of A Terrorist Country (Oct 2015);
252.225-7041, Correspondence in English (Jun 1997);
252.229-7000, Invoices Exclusive Of Taxes or Duties (Jun 1997);
252.232-7003, Electronic Submission of payment requests and receiving Reports (Jun 2012) 252.232-7006, Wide area workflow payment instructions (May 2013) 252.232-7008, Assignment of Claims (Overseas) (Jun 1997);
252.232-7010, Levies on Contract Payments (Dec 2006);
252.233-7001, Choice of Law (Overseas) (Jun 1997) 252.243-7001, Pricing of Contract Modifications (Dec 1991)
xiv. The Defense Priorities and Allocation System (DPAS) is not applicable to this requirement.
xv. Solicitation Date: 31August 2018 Close Response Date/Time/Location: No later than 7 Sep 2018 at 3:00PM local time at the 410th CSB Regional Contracting Office, Soto Cano Air Base, Comayagua, Honduras or thru email at the below email address(es).
xvi. Points of Contact: Noema Reyes Romero, Contract Specialist phone: (504) 2713-5123 Ext. 449- 4572 e-mail: maria.n.reyesromero.fn@mail.mil; CPT Missy L. McNeill, Contracting Officer, phone
(504) 2713-5123 Ext. 449-4304, email: missy.l.mcneill.mil@mail.mil
Commercial Telecommunication Services
06/05/2018
Part 1
General Information
1. GENERAL:
This is a non-personal services contract to provide and maintain all necessary telecommunications equipment and services to support daily Joint Task Force Bravo (JTF-B) Operations using contractor’s infrastructure, to include appropriate hardware and software. 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, fuel, maintenance, and any other items necessary to support JTF-B Commercial Communication Systems located in Soto Cano Air Base (SCAB) and United States Military Group (US MILGRP) in Tegucigalpa (TGU), as defined in this Performance Work Statement (PWS), except for those items specified as Government Furnished Property (GFP) and services. The Government reserves the right to provide equipment, facilities, and other required services as Government Furnished Equipment (GFE) on this Task Order. The contractor shall perform to the standards in this contract.
1.2 Background:
Telephone Exchange Transport Services are currently provided from/to Soto Cano Air Base and the SCO in Tegucigalpa from/to the Honduras local Telephone Network in Comayagua and Tegucigalpa via fiber optic cable. A Government owned Microwave system is used as back-up; however, the microwave system is at end of life, therefore, the upgrade and maintenance for these old systems is cost prohibitive.
1.3 Objectives:
The overall objective of the services hereby obtained is to ensure a timely and cost effective means for the delivery of telecommunications services to Soto Cano Air Base and the Security Cooperation Office (SCO) in Tegucigalpa, and the Operations and Maintenance (O&M) functions of the equipment provided to deliver such services.
1.4 Scope
The efforts supported under this Performance Work Statement (PWS) are specifically related to Telecommunications Services from/to the Telephone Exchange in Soto Cano Air Base and the SCO in Tegucigalpa.
The Contractor shall provide all transmission facilities, equipment, materials, maintenance, test equipment, testing documentation, and design layout needed to perform and provide local access and transport services.
The scope of this service includes all coordination and support to Engineer, Furnish, Install, Secure, and Test (EFIS&T), as well as operate and maintain (O&M) a reliable communications system that will include Commercial Telephone Lines with Direct Inward Dialing and Direct Outward Dialing (DID/DOD) Capabilities. This service is required as follows:
One (1) DID/DOD E1 Primary Rate Interface (PRI) (with Comayagua numbering) from Contractor's Commercial network to Soto Cano Air Base (Bld A-47). Numbering pattern described below;
One (1) DID/DOD E1 PRI (with TGU numbering) from Contractor's Commercial network to US MILGRP located in Colonia Las Torres, Comayaguela, Francisco Morazan, Tegucigalpa. Numbering pattern described below; and
One (1) AES Encrypted Clear Channel E1 from US MILGRP located in Colonia Las Torres, Comayaguela, Francisco Morazan, Tegucigalpa to Soto Cano Air Base.
Direct Inward/Outward Dialing Requirements. The contractor shall provide a new NXXX numbering code dedicated for JTF-B telephone node with at least 4,000 matching numbers with Comayagua Numbering and for US MILGRP node at least 100 matching numbers with Tegucigalpa numbering in the 100 group discussed below. The new NXXX code must match the present numbering groups below:
1) Present Numbering at SCAB is as follows:
NXX 3000 to NXX - 6999
2) Present Numbering at US MILGRP is as follows:
NXX 8000 to NXX - 8099
The contractor shall be required, at the request of the Government, to support the relocation and integration of these same services to a newly constructed Consolidated Communications Facility (CCF) in Building K-05. This new facility will be ready for occupancy soon and all telecommunications services will be relocated from Building A-47 to Building K-05. The Contractor shall be required to Engineer, Furnish, Install, Secure, and Test (EFIS&T), as well as operate and maintain (O&M), all the necessary transmission facilities, equipment, materials, maintenance, test equipment, testing documentation, and design layout needed to relocate current services to this new facility, with minimal service interruption. The Contractor shall be required to participate in planning meetings related to this relocation. The Contractor shall provide a migration/relocation plan to the Government for review and approval 30 days after government’s request.
1.5 Period of Performance:
The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:
• Base Period (1 Year) 23 September 2018 - 22 September 2019
• Option Period 1 23September 2019-22 September 2020
• Option Period 2 with tentative equipment relocation 23 September 2020-22 September 2021
• Option Period 3 23 September 2021-22 September 2022
• Option Period 4 23 September 2022-22 September 2023
1.6 General Information:
1.6.1 Quality Control Plan (QCP):
The Contractor shall develop, implement, and maintain a QCP and program to ensure all work described in this contract is performed at or above the standard defined in the Performance Requirements Summary (PRS). The QCP is developed by the contractor for its internal use to ensure that it performs and delivers high-quality service. The contractor’s QCP is the means by which the contractor ensures all work complies with the requirements of the contract. The QCP identifies and corrects potential and actual problem areas throughout the entire scope of the contract.
1.6.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP shall be submitted within thirty (30) days of contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s (KO) acceptance in writing of any proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation.
1.6.1.2 The Quality Control Plan shall address as a minimum:
1.6.1.2.1 Inspection Program. Included shall be a quality control inspection program covering all general and specific tasks included in the contract scope of work. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis. In developing this inspection program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.
1.6.1.2.2 Deficiency Identification. The QCP shall include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS. This shall contain processes for corrective action without dependence upon Government direction.
1.6.1.2.3 Deficiency Correction. The program shall contain process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.
1.6.1.2.4 Documentation and Enforcement. The QCP shall include a method of documenting and enforcing quality control operations of both prime contractor and subcontractor work; including inspection and testing.
1.6.1.2.5 Trend Analysis. The QCP shall include a method of performing trend analysis and assessments through the use of metrics.
1.6.1.2.6 Surveillance Methods. The QCP shall contain specific surveillance techniques for all contract services.
The surveillance methods shall be comprehensive and adaptable to the reporting system of the plan.
1.6.1.3 Operations Security (OPSEC) SOP/Plan Requirements: N/A
1.6.2 Quality Assurance (QA):
The government shall evaluate the contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards and contract quality requirements are met. Contract quality requirements” means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.
1.6.3 Recognized Holidays:
The Contractor is required to perform work on any US Government or Honduran Holiday listed below.
New Year’s Day (US/H) Labor Day (US) Martin Luther King Jr.’s Birthday (US) Columbus Day (US) President’s Day (US) Veteran’s Day (US) Memorial Day (US) Thanksgiving Day (US) Independence Day (US) Christmas Day (US/H) Day of the Americas (H) Central American Independence Day (H) Holy Thursday (H) Francisco Morazan’s Birthday (H) Good Friday (H) Discovery of America (H) Easter Saturday (H) Honduran Armed Forces Day (H) Honduran Labor Day (H)
1.6.4 Hours of Operation:
Emergency customer service must be available 24 hours a day, 7 days a week. The base is accessible from 0700- 1700. If the Contractor requires access to the facility for an emergency outage between the hours of 1700 to 0700 or on the weekends, the Contractor must coordinate the visit with the COR beforehand for individuals other than those covered in 4.2. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.
1.6.5 Place of Performance:
Accomplishment of the results contained in this PWS requires to be performed at Soto Cano Air Base (Base Aerea Soto Cano) in Comayagua and United States Military Group - Colonia Las Torres, in front of La Colonia Supermarket #2, Comayaguela, Francisco Morazan, Tegucigalpa and at various contractor and subcontractor facilities.
1.6.6 Type of Contract: The Government anticipates the award of a Firm Fixed Price (FFP) type contract. (Award)- This is a [specify] type contract.
1.6.7 Access and General Protection Policy and Procedures:
1.6.7.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the U.S. Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI O-2000.16, Volume 2, “DOD Antiterrorism Program Implementation: DOD FPCON System”. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.
1.6.7.2 Physical Security: 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 IAW Army Regulation (AR) 190-13, “The Army Physical Security Program.”
1.6.7.3 Escorts: The Contractor and all associated sub-contractor employees performing services under this contract shall be escorted at all times by host nation security personnel or by an individual designated by the KO or COR while accessing U.S. facilities or activities.
1.6.7.4 Personnel Security Clearance Requirements: N/A
1.6.7.4.1 Drug Testing: N/A
1.6.7.5 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:
(a) Full birth name
(b) Married name (if applicable)
(c) SSN or local equivalent (ID card number)
(d) Date of birth
(e) Place of birth (city, country)
1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:
(a) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;
(b) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and
(c) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.
1.6.7.5.2 Remedies: In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.
1.6.7.5.3 Subcontracts: The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.
1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures: N/A
1.6.7.7 Employment Eligibility: The Contractor shall ensure that all Contractor employees and sub-contractor employees performing services under this contract in the U.S. or its territories have been pre-screened for employment eligibility using the E-verify Program on the Department of Homeland Security website http://www.uscis.gov/e-verify. Personnel that have not met the employment eligibility requirement on this website are not authorized to perform services under this contract. Verification of the eligibility check will be made available to the KO or COR upon request. This requirement is not in lieu of and does not relieve the Contractor from the I-9 Employment Eligibility Verification Forms for employment of personnel.
1.6.7.8 Access to Government Information Systems: If applicable, all Contractor employees and subcontractor employees performing services under this contract who have access to a government information system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully completed the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.
1.6.7.9 Key Control: N/A
1.6.7.10 Lock Combinations: N/A
1.6.8 Post Award Conference/Contract Periodic Progress Meetings: The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, with other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the contractor of how the government views the Contractor's performance and the Contractor will apprise the Government 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.
1.6.9 Contracting 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: ensure 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 KO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.10 Key Personnel:
The following personnel are considered key personnel by the government:
Contract/Account Manager Contract/Account Manager Alternate Account Supervisor
The Contractor shall provide a contract Account Supervisor manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer 5 days upon award of contract. The Contract Manager and alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 8:00am to 5:00pm Monday thru Friday Central Standard Time. Emergency customer service shall be available 24 hours a day, 7 days a week..
Qualifications for all key personnel are listed below:
Language proficiency: Key personnel must possess a Level III proficiency in English language. Key personnel must be able to communicate effectively with government personnel, both verbally and in writing, via phone and e-mail, IAW CFR 252.225-7041.
1.6.11 Special Qualifications or Certifications: N/A
1.6.11.1 IA/IT Training Certification: N/A
1.6.12 Identification of Contractor Employees: Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc.
1.6.12.1 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractors employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within 5 day of the end of their contractual duties.
1.6.12.2 Uniform: The Contractor shall provide a standard uniform for all Contractor and subcontractor employees performing services under this contract, and ensure they wear the uniform during appointed duty hours. The uniform may consist of the same type and color shirt and slacks for all workers. Company logo is optional.
1.6.13 Contractor Travel: N/A
1.6.14 Other Direct Costs (ODC) N/A
1.6.15 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.
1.6.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply, and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.
1.6.16.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.
1.6.16.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.
1.6.16.3 Information Assurance: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication
(SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.
1.6.17 Organizational Conflict of Interest (OCI)
(a) Work under this contract may create a future organizational conflict of interest (OCI) in the way of unequal access to information that could prohibit the Contractor from competing for, or being awarded future Government contracts. It is not the intention of the RCO Soto Cano to foreclose a vendor from a competitive acquisition due to a perceived OCI. RCO Soto Cano Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the Contracting Officer. The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect the RCO Soto Cano’s policy for competition. The RCO Soto Cano is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of the RCO Soto Cano, the Army, or the legitimate business interests of the vendor community.
(b) Mitigation plans. The Contractor shall review its OCI mitigation procedures to avoid any potential OCI created by performance under this contract. The Contractor shall submit the reviewed OCI mitigation plan to the Contracting Officer no later than thirty (30) days after award. The RCO Soto Cano reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interests of the RCO Soto Cano or the Army. Additionally, after award, the RCO Soto Cano will review OCI mitigation plans, as needed, in the event of changes in the vendor community due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable organizational conflict of interest.
(c) Potential Organizational Conflict of Interest. The following provides examples of situations where mitigation plans may or may not be required by the RCO Soto Cano. These examples are not intended to be all inclusive.
(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an Army contract could provide the Contractor a competitive advantage in a later competition for another Army contract.
Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the Army procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan. Alternatively, the "nonpublic information" may be provided to all vendors.
(2) Biased ground rules. A Contractor in the course of performance of an Army contract has in some fashion established important "ground rules" for another Army contract, where the same Contractor may be a competitor.
For example, a Contractor may have drafted the statement of work, specifications, or evaluation criteria of a future Army procurement. The primary concern of the Army in this case is that a Contractor so situated could slant key aspects of procurement in its own favor, to the unfair disadvantage of competing vendors. If the requirements of the Army procurement anticipate the Contractor may have been in a position to establish important ground rules, including but not limited to those described herein, the Contractor should be required to submit and negotiate an acceptable mitigation plan.
(3) Impaired objectivity. A Contractor in the course of performance of an Army contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the Contractor's ability to render impartial advice to the Army could appear to be undermined by the Contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication may well be insufficient to remove the perception that the objectivity of the Contractor has been tainted. If the requirements of the Army procurement indicate that the Contractor may be in a position to provide evaluations and assessments of itself or corporate siblings, or other entity with which it has a significant financial relationship, the affected Contractor should provide a mitigation plan that includes recusal by the vendor from the affected contract work. Such recusal might include divestiture of the work to a third party vendor.
(d) The Contractor shall provide information which concisely describes all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise), relating to the work to be performed and bearing on whether the offeror or Contractor has a possible OCI.
(e) If the Contractor does not disclose any relevant facts concerning an OCI, the Contractor, by signing the contract, warrants that to its best knowledge and belief no such facts exist relevant to possible OCI.
(f) Remedies for nondisclosure. The following are possible remedies should a Contractor refuse to disclose, or misrepresent, any information regarding a potential OCI:
(1) Refusal to provide adequate information may result in disqualification for award.
(2) Termination of the contract, if the nondisclosure or misrepresentation is discovered after award.
(3) Disqualification from subsequent RCO Soto Cano contracts.
(4) Other remedial action as may be permitted or provided by law or in the resulting contract.
1.6.18 Phase-in/Phase-Out (PIPO) Period : To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during thirty (30) day. phase in/ phase out period. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services at the end of the phase-in period.
1.6.19 General Training Requirements:
1.6.19.1 Anti-Terrorism (AT) Level I Training: N/A
1.6.19.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.
1.6.19.3 Information Assurance (IA) Training/Information Technology (IT): N/A
1.6.19.4 Left blank intentionally.
1.6.19.5 Threat Awareness Reporting Program (TARP Training): N/A
1.6.19.6 iWATCH Training: N/A
1.6.19.7 OPSEC Training: N/A
1.6.20 Overseas Training Requirements:
1.6.20.1 Antiterrorism (AT) Awareness Training for Contractor Personnel Traveling: N/A
1.6.20.2 SERE Training: N/A
1.6.21 Foreign (OCONUS) Requirements: All U.S. citizen or resident, and TCN contractor personnel not normally residing in the USSOUTHCOM AOR, must comply with the training requirements listed in the Foreign Clearance Guide (FCG). Verification of the training shall be made available to the COR or KO upon request. Additionally, they must receive personal security training that includes at a minimum:
(a) Safety and security issues facing employees within the USSOUTHCOM AOR,
(b) Identifies safety and security contingency planning activities, and
(c) Identifies ways to utilize safety and security personnel and other resources appropriately.
1.6.21.1 Theater and Country Clearance Requirements: N/A
1.6.21.2 Vetting: The Contractor company and all associated sub-contractor companies, must have been vetted by the US Embassy in the country which the contract will be performed. For the purposes of this contract, the company is considered vetted if the company is located in the country which the contract will be performed unless the company has been previously barred from performing services for the Government. If during a previous vetting process the company was barred from performing service for the Government, then that is grounds for termination of the contract. If the company is located outside of the country which the contract will be performed, the company must be vetted by the US Embassy in the country of performance. Vetting will coordinated through the US Embassy's DOD Security Cooperation Office (SCO) in the country of performance. If during any previous vetting process in other countries, the company is found to be barred from performing services for the Government; this finding is grounds for termination of the contract.
1.6.21.3 Contractor Non CAC Eligible Requirements for Installation Access to DOD Facility on Host Nation Installation: Contractor and all subcontractor employees performing services under this contract shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) (U.S. citizen and residents only), and Terrorist Screening Database (TSDB) (Army Directive 2014- 05/AR 190-13), applicable installation, facility and areas commander installation/facility access and local security policies and procedures (provided by the government representative), and status of forces agreements or other diplomatic agreements. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Director of Emergency Services, Security Office, or host nation equivalent.
1.6.21.4 Host Nation Installation Access with No DOD Facility: Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures.
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