RFQW912QM19Q0025Rev.pdf

RFQ/SOLICITATION NUMBER: W912QM-19-Q-0025

Base Renovations – BTH GTM19

Date: 15 Feb 19 (Rev)

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-19-Q-0025 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 2019-01, effective date 20 December 2018.

iv. The associated North American Industrial Classification System (NAICS) code for this procurement is 238910, Site Preparation Contractor with a small business size standard of $15.0 Millions. This requirement is not being set aside for Small Businesses.

v. CLIN Structure:

Item SUPPLIES/SERVICES. QTY

UNIT

ISSUE UNIT PRICE TOTAL

CLIN

Barracks Renovation (see Performance Work Statement) for more details 01 JOB $ $

CLIN

Latrine Renovations (see Performance Work Statement) for more details 01 JOB $ $

CLIN

ADMIN Renovations (see Performance Work Statement) for more details 01 JOB $ $

CLIN

TOC Renovations (see Performance Work Statement) for more details 01 JOB $ $

CLIN

Aviation Landing Zone Lights (see Performance Work Statement) for more details 01 JOB $ $

CLIN

DFAC Renovations (see Performance Work Statement) for more details 01 JOB $ $

CLIN

Maintenance Bay Renovations (see Performance Work Statement) for more details 01 JOB $ $

CLIN

Site Preparation Motor Pool Laydown area (see Performance Work Statement) for more details 01 JOB $ $

vi. Description of the Requirement:

The 410th CSB, Regional Contracting Office requires Base Renovation Services in support of Army South (ARSOUTH), Beyond the Horizon Guatemala 2019 (BTH GTM 19) Exercise. See Performance Work Statement (PWS) below for more details.

vii. Place of Delivery and Acceptance:

Delivery Sites:

Forward Operating Base (FOB) 5ta Brigada Huehuetenango, Guatemala, Central America

Acceptance:

BTH GTM19

Forward Operating Base (FOB) 5ta Brigada Huehuetenango, Guatemala, 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.reyesromeo.fn@mail;mil with courtesy copy to missy.l.mcneill.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.

mailto:maria.n.reyesromeo.fn@mail;mil mailto:missy.l.mcneill.mil@mail.mil

(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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform 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

(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 (Oct 2018) Alternate I, with its offer.

xi. 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018) 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 2019) 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:

http://farsite.hill.af.mil/

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 2018);

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 (Apr 2015) 52.222-50 Combatting Trafficking in Persons (Jan 2019) 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 (Aug 2018) 52.229-6, Taxes -- Foreign Fixed-Price Contracts (Feb 2013);

52.236-2, Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4, Physical Data (Apr 1984) 52.236-5, Material and Workmanship (Apr 1984) 52.236-6, Superintendence by the Contractor (Apr 1984) 52.236-7, Permits and Responsibilities (Nov 1991) 52.236-8, Other Contracts (Apr 1984) 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10, Operations and Storage Areas (Apr 1984) 52.236-11, Use and Possession Prior to Completion (Apr 1984) 52.236-12, Cleaning up (Apr 1984) 52.236-13, Accident Prevention (Nov 1991) 52.236-15. Schedules for Construction Contracts (Apr 1984) 52.236-17, Layout of Work (Apr 1984) 52.236-21, Specifications and Drawings for Construction (Feb 1997) 52.236-26, Preconstruction Conference (Feb 1995) 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 (Dec 2018) 252.232-7006, Wide area workflow payment instructions (Dec 2018) 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)

252.236-7000, Modification Proposals-Price Breakdown (Dec 1991) 252.236-7008, Contract Prices-Bidding Schedules (Dec 1991) 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: 22 Feb 2019 Close Response Date/Time/Location: No later than 22 Mar 2019 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). Questions should be addressed to the Point of Contacts on this Solicitation no Later than 07 March 2019 by 1500 hrs.

Site Survey: will be conducted on 13 March 2019 at 0900 hrs. If planning to do this visit, provide a copy of your ID to the POCs identified in this solicitation, in order to coordinate base access.

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

United States Army South (ARSOUTH) Beyond the Horizons, Guatemala 2019 (BTH 19 GTM)

Statement of Work (SOW) Renovations at 5th INF BDE Huehuetenango, Guatemala

1. GENERAL: Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items necessary to improve the following areas: Forward Operating Base (FOB) location at the Guatemala military base Huehuetenango, Guatemala. The United States Government (USG) shall not exercise any supervision or control over the contractor performing the tasks herein. Any tasks provided under this contract are considered non-personal in nature.

1.1 Scope of Work. Contractor shall provide all labor, transportation, equipment, materials, supervision, and any other necessary items to improve the following areas: Forward Operating Base (FOB) location at the Guatemala military base Huehuetenango Guatemala. This facility will be used for the BTH19 Guatemala Forward Operation Base (FOB) Living support area, and other operational areas. Work to be executed by the contractor is listed in section 5 of this Statement of work.

Note: The Contractor shall verify all dimensions and/or quantities on site before providing proposal and commencing works. Provided quantities are approximated and it is the Contractor’s responsibility to verify these dimensions during the site visit. If discrepancies are found, he shall immediately notify the contracting officer and contracting officer representative.

1.1.1 The Contractor and their subcontractors shall comply with Guatemalan Safety regulations and laws. Where project activities are not governed by Guatemalan regulation, the contractor shall comply with safety and health requirements as established by EM 385-1-1, by U.S. Army Corps of Engineers.

1.2 Background: The project is part of US Southern Command Humanitarian Assistance Program in support to the Guatemala Security Cooperation Office.

1.3 Objectives: The objective of this project is to improve the 5th INF BDE military base in Huehuetenango to be used for the BTH19 Guatemala Forward Operation Base (FOB) Living Support Area (LSA), and other operational areas.

1.4 Required Performance Period. The contractor shall not start any work or storage until awarded the contract and given a notice to proceed from the US Government. The work shall begin within ten (10) days of receipt of the Notice to Proceed (NTP) by the Contractor. The contractor shall complete all work for Laydown yard, motor pool and Living Support Area (LSA) and other supporting operational facilities identified, from receipt of the NTP. The period of performance is (23 March 2019) through (27 April 2019) or earlier and includes clean-up of the work area and all applicable inspections.

1.5 GENERAL INFORMATION:

1.5.1 Quality Control (QC): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW and applicable regulations. 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.

Contractor shall deliver a Quality Control Plan (QCP) to the Contracting Officer’s Representative (COR) and Contracting Officer (KO) for approval within 30 days of contract award. The Contractor shall have 5 working days to submit any changes for COR and KO acceptance.

1.5.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall submit their QC Plan as part of the contractor’s proposal for evaluation purposes. 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 or 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.

1.5.2 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.

1.5.3 Recognized Holidays: The Contractor is not required to perform work on Guatemalan holidays. Following is a list of approved Guatemalan holidays:

New Year's Day Holy Thursday Good Friday Holy Saturday Labor Day Independence Day Christmas Day

1.5.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 0730 -1700 hours, Monday through 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. 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 SOW when the Government facility is not closed for the above reasons. .

1.5.5 Place of Performance: The work to be performed under this contract will be performed at 5th Infantry Brigade Military Base MGRS- 15PXS5847893063 LAT/LONG- 15.30919 - 91.52389, Huehuetenango, Guatemala. Ten days prior to the commencement of work, access to the site shall be coordinated with local authorities, POC will be provided by the COR.

1.5.6 Type of Contract: The Government intends to award a Firm Fixed Price contract for this requirement. Liquidated damages clause is included in this contract.

1.5.7 Personnel Security Clearance Requirements: (As Determined by AT/OPSEC Review):

Contractor personnel performing work under this contract must have an active personnel security clearance at the [Insert the level of security clearance required, the highest level required, if applicable] level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the attached DD Form 254, “Department of Defense (DOD) Security Classification Specification” (The unit security monitor is responsible for initiating this form). The Contractor shall ensure that contractor employees and sub-contractor employees performing services under this contract comply with FAR 52.204-2, Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contract will ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.5.7.1 (As Determined by AT/OPSEC Review): The contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7004, Drug-free Work Force; and local USSOUTHCOM policies regarding drug testing. The contractor shall conduct drug tests, ensuring all top secret cleared contractor employees are tested at least once per year, each year of the contract, as well as when there is a reasonable suspicion that an employee uses illegal drugs.

The drug testing shall be at the contractor’s expense. Positive drug test results shall be made available to both the KO and COR within 24 hours of known test results. Records of drug testing shall be made available to the COR within 2 days of request.

1.5.7.2 Background Checks. At the time of award of the contract or when hiring new contract workers, the Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check done by the Host Nation and Security Force at the local government. Security checks that have been completed as part of a 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 COR within 2 days of request. The Government retains the right to exclude any employee from performance of duties under this contract if a security check reveals information 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 COR, the following information on any contractor or subcontractor employee performing services under this contract:

• Full birth name

• Married name (if applicable)

• Social Security Number or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

1.5.7.2.1 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:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) 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

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.5.7.2.2 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.

1.5.7.2.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.5.7.3 Employment Eligibility. Contractor will ensure that all contractor employees and sub-contractor employees who reside in the U.S. performing services under this contract 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 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.

http://www.uscis.gov/e-verify

1.5.7.4 Site Access. Contractor and all associated sub-contractor employees shall comply with applicable site, facility and area commander site/facility access and local security policies and procedures. The employee performing services under this contract shall also provide all information required for background checks to meet site access requirements to be accomplished by site Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.5.7.5 Identification. If required by the Government, contract personnel and all associated sub-contractors 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.

1.5.7.6 Escorts. The Contractor and all associated sub-contractor employees performing services under this contract may be required to be escorted at all times by an individual designated by the Host Nation Security Office or Security Force while performing work at this site.

1.5.7.7 Vetting. The Contractor’s company and all associated sub-contractor’s 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 in the country of performance. If during any previous vetting process in other countries, the company was barred from performing services for the Government that is grounds for termination of the contract.

1.5.7.8 Force Protection Condition (FPCON). In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government FPCON at any individual site change, the Government may require changes in contractor security matters or process. 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.

1.5.7.9 iWATCH. The Contractor will ensure that all contractor employees and sub-contractor employees performing services under this contract have been briefed on the iWATCH Program, or equivalent for their supporting DoD Agency, within 30 days of employment under the contract. The Contractor will coordinate with the supporting DoD Agency AT Officer through the COR for the briefing. This training will be updated as required by the supporting site AT policies. A copy of the training attendance will be maintained by the Contractor and made available to the COR upon request.

1.5.7.10 Operations Security. If the contractor, or a sub-contractor, 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. Personnel shall not post or discuss government facility activities on any unauthorized public access media. 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.

1.5.7.10.1 Government Information. The Contractor shall take appropriate security measures to protect Government critical and sensitive information. Contractor shall not disclose specifics of services to unauthorized personnel. Contractor will provide sub-contractors only required specifics to accomplish services and/or products delivery.

1.5.7.10.2 Information Disclosure. Neither the Contractor nor the Contractor’s personnel shall disclose, or cause disclosure of any information concerning DoD operations and activities which could result in, or increase the likelihood of, the possible breach of the activity’s security or interrupt the continuity of DoD operations. Unauthorized disclosure of and/or failure to properly safeguard information, material, equipment, supplies, or proprietary data by the Contractor may subject the Contractor, its agent(s), or employees to criminal liability.

1.5.7.10.3 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 conference names, locations, hotel data, conference participants, discussions, pictures, etc.

before, during or after the conference without the express consent of the Government.

1.5.7.11 Medical. Contractor will ensure that all contractor employees and subcontractor employees are medically, dentally, and psychologically fit for performance of their contracted duties.

1.5.7.12 Security Clearance. A security clearance for contracting personnel is not required for this project. Contractor personnel will not be accessing any restricted areas to accomplish this task.

1.5.8 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, all government facilities, equipment, and materials shall be secured.

1.5.8.1 U.S. Government Critical and Sensitive Information. Contractor and workforce shall take appropriate security measures to protect U.S. Government critical and sensitive information.

The Contractor shall not disclose specifics of the project to unauthorized personnel. Contractor shall provide their sub-contractors with only the required information to enable them to accomplish project delivery. All work related paper products and removable storage material that is received, generated, or stored during the contract shall be completely destroyed when no longer needed. Site access badges will not be worn outside of the Government facility where visible to the general public. The Contractor and workforce personnel shall not sketch or take photos of Government facilities or activities, unless directly related to service to be provided.

The Contractor shall not post or discuss government facility activities on any unauthorized public access media. The Contractor shall immediately report suspicious activities to security personnel.

1.5.8.1.1 Site Access. The site is in 5th INF BDE Military Base, Huehuetenango, Guatemala and there is a sufficient road network for the contractor to access the site.

1.5.9 Post Award Conference/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 US government.

1.5.10 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: 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 approves progress payments on a monthly basis 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 contract. Only the (KO) has the authority to make changes to any contract resulting from the solicitation of this project, including but not limited to increase or decrease in prices, time extensions, and changes.

1.5.11 Key Personnel. The following personnel are considered key personnel by the government: The quality control representative, the project engineer/architect, field engineer/architect, project superintendent/foreman and any other engineers performing calculation or verification efforts related to the project. The Contractor shall provide a project engineer/architect who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the project engineer/architect when they are absent shall be appointed in writing to the KO within five (5) days of contract award. The project engineer/architect shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The project engineer/architect or alternate shall be available between 8:00 a.m. to 4:30 p.m., Monday thru Friday except Federal and Guatemalan holidays or when the government facility is closed for administrative reasons.

1.5.11.1 Minimum Qualifications. The project engineer/architect shall have a bachelor’s degree in engineering/architecture and maintain a valid government professional registration, and at least ten (10) years of experience. Field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and maintain a valid professional registration, and at least five

(5) years of experience with projects of a similar type and magnitude. The project superintendent/foreman shall have at least three (3) years or three (3) projects of experience with projects of a similar type and magnitude. The Contractor’s quality control representative shall have at least five (5) years as a quality control inspector in the construction field. ARSOUTH ACSENG can approve any substitutes to the minimum qualifications listed above and adequate workforce listed below.

1.5.11.2 Adequate Workforce. The Contractor shall provide sufficient number of personnel, properly trained and qualified (i.e. civil engineer, architect, geotechnical engineer, electrical engineer, certified electricians and foremen), to perform the requirements of this contract at the worksite location. All non-laborer Contractor employees on this project shall maintain a proficiency license from the Guatemalan or an equivalent license from a foreign entity if the Contractor is based in a country other than Guatemala.

1.5.11.3 Project Engineer/Architect. The Contractor shall provide a Project Engineer/Architect who shall be a licensed engineer or architect and responsible for the performance of all work.

The name of this person and an alternate(s), who shall act on behalf of the Contractor when the Project Engineer/Architect is absent, shall be designated in writing to the KO at least five (5) days prior to contract performance. The Contractor shall not replace, substitute, or remove key personnel without prior written consent from the KO. In the event the Contractor removes key employees, replacement personnel must be equally or better qualified. The Project Engineer/Architect shall be responsible for overall management and coordination of this contract; directing the onsite work; acquiring materials; resolving construction issues; and providing information about work progress to the COR. The Project Engineer/Architect shall be highly knowledgeable of the project progress and have a good working knowledge of English and be able to communicate effectively. “Good working knowledge” means the employee should be able to read/speak English and understand agency regulations, operating instructions, memoranda, and related material concerning the field of work, to prepare correspondence and standardized reports, and to communicate effectively with staff members and the general public.

The Project Engineer/Architect or their designated alternate shall be available to meet with U.S.

Government personnel, or the KO, within 30 minutes unless otherwise coordinated with such designated personnel. After duty hours, the Project Engineer/Architect or designated alternates shall be available within two (2) hours in case of emergency.

1.5.11.4 Field Engineer/Architect and Superintendent/Foreman. The Field Engineer/Architect and Superintendent/Foreman shall be designated in writing to the KO at least five (5) days prior to contract performance. These key personnel shall be physically present at the worksite between the hours of 7:30 am to 4:30 p.m., excluding Guatemalan holidays, and any other time work is being performed at the site, as coordinated between the Contractor and COR. The Contractor shall provide to the KO and COR the phone numbers of the Project Engineer/Architect and alternate(s), Field Engineer/Architect and Superintendent/Foreman to be available during duty and non-duty hours (to include evenings and weekends).

1.5.11.5 Personnel Listing. After award of the contract, the Contractor shall have five (10) days to submit to the KO a list of workers and Project Managers assigned to work after the award of contract. Required information for each individual on the personnel list shall include:

Full Name Place and Date of Birth Current Address Identification number

1.5.11.5.1 Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application(s).

1.5.12 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.

1.5.13 Contractor Travel. Contractor Travel is not required nor authorized travel for the performance of this contract.

1.5.14 Other Direct Costs. Not applicable.

1.5.15 Data Rights. The U.S. Government has unlimited rights to all documents/materials produced under this contract. Any documents, designs, drawings, study and test outcomes, survey maps, belong to the U.S. Government and shall be turned over to the COR upon completion of the project. All documents and materials produced under this contract shall be US Government owned and are the property of the US 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 KO.

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.

1.5.16 Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.17 Laws and Regulations.

1.5.17.1 Compliance Required. The Contractor shall, as a minimum, and without additional expense to the U.S. Government, be responsible for complying with all Guatemalan laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. In the event that a Guatemalan law or regulation does not exist for a particular event, then the U.S.

version of at least equal coverage will be specified by the U.S. Government in the particular section of this SOW. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the KO of the conflict and of the Contractor's proposed course of resolution.

1.5.17.2 Labor, Health and Safety Laws. The Contractor shall comply with all local labor laws of Guatemala, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

Should the Ministry of Work have published standards for construction practices, these will be the minimum acceptable standards. The Contractor is responsible for training all personnel on fire and safety hazards. Contractor personnel in the performance of their duties shall immediately report fire hazards, safety hazards and unsafe conditions to their supervisor. In the event that a Guatemalan law or regulation does not exist for a particular event, then the U.S.

version that covers that particular event will be specified in the particular section of this SOW.

1.5.17.3 The Contractor and their subcontractors shall comply with Guatemalan Safety regulations and laws. Where project activities are not governed by Guatemalan regulation, the contractor shall comply with safety and health requirements as established by EM 385-1-1, by U.S. Army Corps of Engineers.

1.5.18 Licenses and Permits.

1.5.18.1 Contractor Licenses and Permits. The Contractor shall, at no additional cost to the U.S.

Government, obtain all licenses and permits required for performance of work. Contractor shall comply with all applicable national, regional, and local Guatemalan laws, rules, and regulations.

The Contractor shall submit proper documentation and evidence satisfactory to the KO or the COR demonstrating compliance with this requirement prior start performance and when directed by the KO or COR.

1.5.18.2 Subcontractor Licenses and Permits. The Contractor shall inform the COR and KO in writing that all subcontractors and others performing work at worksite have obtained all requisite licenses and permits. The Contractor shall submit a copy of the licenses and permits (if applies) to the KO and COR demonstrating compliance with this requirement when directed by the KO and/or COR.

1.5.19 Environmental Protection.

1.5.19.1 Pollution and Abatement Control. In order to present and provide for abatement and control of any environmental pollution arising from the activities in the performance of this contract, the Contractor shall comply with all applicable pollution control and abatement policies, and all applicable provisions of the Guatemalan codes, regulations, and laws.

1.5.19.2 Environmental Protection. Environmental protection action required by this section shall consist of furnishing all labor, materials, and equipment and performing all work required for the abatement and prevention of pollution during and as the result of construction operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; detrimentally impact on biological species and/or their habitat; or degrade the aesthetic and recreational value of the area.

1.5.19.3 Spills and Disposal. The Contractor shall not pollute storm or sewer lines; or swales with fuels, oils, bitumen, calcium chloride, acid, construction wastes, or other harmful materials.

It is the responsibility of the Contractor to investigate and comply with all applicable Guatemalan laws concerning pollution of river and streams. All work under this contract shall be performed in such a manner that objectionable conditions shall not be created in streams through or adjacent to the project areas.

1.5.19.4 Waste Material. Waste material is defined as any material for which no use or reuse is intended and which is to be discarded. Disposal of hazardous waste, containers or components thereof, shall be in a hazardous waste disposal site only and no other location shall be utilized for such disposal. Only hazardous waste sites which are permitted by the US Environmental Protection Agency (EPA), and/or the Government of Guatemala shall be utilized for such disposal actions. Contractor shall coordinate with Guatemalan environmental agencies for disposal/storage activities.