ATTACHMENT 0002 ANC PWS SE Expansion v5 FINAL.pdf
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- Attached to
- ANC SE Expansion Moving Services
- Solicitation number
- W91QV126RA060
About this file
This is a Performance Work Statement (PWS) for project management and relocation services for Arlington National Cemetery's (ANC) Operations Complex Southern Expansion Project.
The contractor must provide a complete and seamless relocation of the ANC Operations Complex from its existing location to a new facility less than one mile away. The project involves relocating approximately 50,000 gross square feet of office equipment, industrial machinery, and materials from six impacted buildings: Building A (Storage), Building B (Maintenance Shops), Building C (Warehouse), Building D (Office), Building G (Pesticide Mixing & Storage), and Building H (Hazardous Material Storage). The relocation must occur while the cemetery remains fully operational for funerals and visitors. The estimated pre-consultation period begins January 11, packing commences January 25, the physical move begins February 1 and lasts approximately five weeks, with an overall eight-week performance period. The contractor must provide approximately 22 personnel including a project manager, scheduler, two foremen, and 15 movers/laborers, along with all necessary moving equipment, vehicles (forklifts, semi-trucks, box trucks, etc.), packing materials, and supplies.
Key deliverables include a comprehensive move plan, inventory validation and tagging reports, risk assessment and mitigation plans, packing quality reports, hazardous material shipping manifests, transportation schedules, unpacking and installation reports, and weekly communication and safety logs. The contract is firm fixed price and requires the contractor to maintain all required insurance (naming ANMC as additional insured), obtain all permits at no government expense, comply with OSHA and DOT hazardous materials regulations, and pass background checks for all personnel. Performance standards require 99-100% accuracy in packing and inventory, zero reportable safety incidents, 95% adherence to transportation schedules, equipment installation within two days of arrival, 24-hour response time to inquiries, and 90-day project completion with no unexcused delays. The contractor must also comply with anti-terrorism training, OPSEC requirements, iWATCH training, and maintain a communication log documenting all critical interactions with government representatives.
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PERFORMANCE WORK STATEMENT (PWS) TEMPLATE
Arlington National Cemetery (ANMC) Operations Complex Southern Expansion Relocation
PART 1
GENERAL INFORMATION
1. General: This is a non-personal services contract to provide project management, relocation/move services. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform project management and relocation/move services as defined in this performance work statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 Background: Without the Southern Expansion Project (SE), ANC is projected to run out of in-ground interment space by 2043 and columbaria space by 2038. Increased capacity due to the SE will yield approximately 88,000 additional interments spaces both above and underground. (Source: Center of Army Analysis (CAA), 27 May 2015)
The SE is composed of three major geographical areas: the Cemetery Expansion, the Air Force Memorial, and the South Parcel.
The South Parcel includes the land south of the relocated Columbia Pike, west of South Joyce Street and east of the VDOT Maintenance Facility. Construction is schedule to be completed fall of 2026. The South Parcel will house the New Operations (OPS) Complex, which includes the following facilities that are impacted by the subject relocation contract.
o Building A – Storage o Building B – Maintenance Shops (auto mechanics, carpentry, plumbing, electrical shops) o Building C – Warehouse (storage for Interment Operations. Facility Maintenance and Logistics/Supply.
o Building D – Office o Building G – Pesticide Mixing & Storage o Building H – Hazardous Material Storage
Figure 1: Southern Expansion Project
1.3 Objectives: The contractor (licensed and insured) will provide project management relocation/ moving services successfully, fully operational, on-schedule, and with no disruption to the cemetery’s mission. Office equipment, industrial and machinery equipment, and materials found at the existing Operations (OPS) Complex (Public Works Facility) which main functions are, facility care such as paint, plumber, and electrician shops; fleet maintenance shops;
interment operations shops machinery and materials; and administrative functions (hereon office). This is a local move, which distance from the existing OPS Complex and the new OPS Complex is less than one mile.
All material and work shall be in strict accordance with this contract and comply with all applicable Federal, State and Local laws and regulations. The contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications, engineering, and quality control. Mobilization, de-mobilization, and delivery of all materials, and equipment shall be the responsibility of the contractor. The contractor shall be responsible for all permits, both local, state, and federal at no expense to the government.
1.4 Scope: The contractor shall provide all management, labor, equipment, and materials necessary to achieve a complete and seamless relocation of the ANC Operations Complex. The scope requires the contractor to manage the entire process, from initial planning and packing at the current locations to final placement and site cleanup at the new facility, located less than one mile away. The existing and future (in construction) OPS complexes are both approximately 50,000 gross square feet.
Existing OPS Complex
Future OPS Complex
The contractor will coordinate the multi-part task of moving functions such as administrative, facility maintenance (e.g. plumbing, painting, electric shops), storage, auto mechanics/fleet hazardous material storage, while ANC remains operational for both funerals and visitors.
Relocation Project Management includes the following services, but may not be limited to:
comprehensive planning coordination with ANC sections that are impacted by the move in a phased; develop a phased moved schedule; develop communication plan with stakeholders; site assessment for transport; industrial machinery and equipment handling; providing moving supplies, packing, transportation and unpacking; and develop risk mitigation / contingency plan.
The estimated pre-consultation meetings begin around January 11. The estimated period for packing begins January 25 and the physical move is estimated to begin February 1st and estimated to last 5 weeks. The overall period of performance is 8 weeks.
Provided as part of the RFI is the Phased Move Schedule. Directorates that remain impacted by the move remain Interment Operations, Fleet, Facilities Maintenance, Safety, Operations (G3), G4/logistics located at the Existing Service Complex and Engineering staff located at the Welcome Center.
The contractor is required to procure and maintain, at its own expense, insurance policies for the duration of the contract. Work cannot commence until a valid Certificate of Insurance (COI) has been provided to the government, evidencing the required coverage.
The Certificate of Insurance must name the Army National Military Cemetery (ANMC) as an additional insured.
1.5 Period of Performance The period of performance shall be for 8 weeks which does not includes pre-consultation meetings. See Phased Move Schedule
1.6 General Information
1.6.1 Quality Control: Quality control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the government (see FAR 52.246-1, Contractor Inspection Requirements).
The contractor shall develop, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction;
corrective action procedures to include procedures for addressing government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation The contractor’s proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) calendar days after date of contract award After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.
Permits and Licenses:
The Contractor will obtain, at its own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications will be kept current during the period of performance. The Contractor is also responsible for all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor will comply with all applicable Federal, State, and local laws and regulations, including any subsequent changes to these laws and regulations.
Minimum Personnel and Training Requirements. The Contractor will provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel will be properly trained to perform their assigned work in a safe and effective manner.
Training will include but is not limited to instruction on the proper and safe use and operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees will be used in the performance of services specified herein. The Contractor will also assume responsibility for training or Orienting Contractor personnel to perform the services specified in the contract. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor will be required to provide qualified personnel or subcontract the work to a person or persons who are trained and qualified to perform the work.
The contractor shall inform the COR of issues or potential issues that might affect the performance within 24 hours and immediately if an emergency of identifying those issues. A verbal report shall be followed up by written reports within 24 hours.
1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract.
1.6.3 Federal Government Holidays: Work may include U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.
When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.
New Year’s Day 1st day of January Martin Luther King Jr. Day 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth Day 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December
1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0600 to 1700 Daily and may include federal holidays. 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. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential. In case of inclement weather, the mover will follow OPM guidelines for closure.
1.6.5 Place of Performance: The work to be performed under this contract will be performed at Arlington National Cemetery, in Arlington Virginia – government facilities. Transport will be caried out from the existing service complex to the New Ops Complex; less than one mile way.
1.6.6 Type of Contract: The government will award a Firm Fixed Contract.
1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract must have a ANC Badge during work performance and while on site.
The security requirements are in accordance with the DoD Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link:
http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf and must maintain the level of security required for the life of the contract.
1.6.7.1 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 the Army Physical Security Program (AR 190-13.)
1.6.7.2 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the contractor and any subcontractor utilized by the contractor, are made aware of and comply with these requirements.
The contractor shall be aware of and comply with the requirements associated with Installation Access Control. The government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.
The contractor shall return installation passes to the issuing IACS office when the contract is completed or when a contractor employee no longer requires access.
To gain installation access, the contractor will coordinate the ANC Vetting form with the ANC COR and submit the form to JBM-HH for review. The form will be submitted via encrypted email to usarmy.jbmhh.asa.mbx.visitor-control-center@army.mil or hand deliver it to the JBM- HH Visitor Control Center located at Hatfield Gate. (This normally takes 72 hours to process).
Once the contractor is approved by JBM-HH, ANC Security Forces will provide the ANC badge for being at grounds of ANC. The contractor will have a state issue Real ID.
1.6.7.3 Installation Pass Log: Contractor and all employees will be cleared through the JBMHH. Once cleared they will be provided an ANC badge for the duration of the move, which shall be always worn when in ANC premises and granted by ANC Security Forces (G2).
1.6.8 Installation Termination or Expiration of Employment: The contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 1 day of completing the Period of Performance.
1.6.9 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the contractor shall collect all outstanding installation access passes and return them to the issuing office within 1 day of completing the Period of Performance.
1.6.10 Special Qualifications: U.S. citizen contractors that work with or teach youth under the age of 18 years are subject to U.S background checks. The Requiring Activity Manager will determine the extent of background checks required. The contractor employee may begin performance of the contract after receiving a favorable local background check. The contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 10 days of receipt by the contractor, identifying such with the appropriate contract number. The contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 10 days of receipt by the contractor, identifying such with the appropriate contract number. When the government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.
Anti-Terrorism (AT) Level I Training: (As required on the Anti Terrorism / Operations Security Review (AT/OPSEC) Cover Sheet) All contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 10 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 10 days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based contractor employees and associated subcontractor employees. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within 10 days after completion of this training by all employees and subcontractor personnel.
AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies
If training cannot be conducted on the website, the contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 10 days after completion of the training.
OPSEC Training: All contractor employees, including subcontractors, shall complete Level I OPSEC training within 7 days of employment under this contract. Verification of the training shall be provided to the COR within 10 days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within 10 days after completion of the training.
If training cannot be conducted on the website, the contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training.
Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 10 days after completion of the training.
iWATCH Training: The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training materials are available from the ANC Security Office).This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed prior to beginning performance http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx
Environmental Compliance Plan and Program:
The contractor shall ensure that all its operations and activities of relocation of hazardous material to the New Ops Complex, conform with the Department of Transportation (DOT) Hazardous Materials Transportation Act (HMTA). Transportation of hazardous materials must comply with packaging, transport, and recordkeeping requirements. The contractor shall submit an Environmental Compliance Plan [Deliverable #0] for the relocation of hazardous material and spill prevention.
The contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the contractor shall ensure that all contractor controlled activities at ANC are conducted in accordance with the ANC Spill Prevention and Response Plan, Solid Waste Policy, and applicable USA environmental laws/standards.
The contractor shall clean up any hazardous material spills resulting from the move. The contractor must immediately report any hazardous material spills to COR and ANC Environmental Program Manager.
1.6.11 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, will meet periodically, with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.12 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, and specifications; monitor contractor's performance and notify both the contracting officer 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.
1.6.13 Key Personnel: The follow personnel are considered key personnel by the government:
Project/ Move Manager who shall be responsible for the performance of the work plan. A Scheduler will assist in the phased move among the stakeholders. 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. The contract manager or 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 0600-1700, daily and may include Qualifications for all key personnel are listed below:
Project/ Move Manager Responsibilities
Plan and manage all aspects of a move project, including the move schedule and resources
Attend all pre-coordination meetings Coordinate with clients, vendors, and internal teams to ensure successful move Perform site visits and conduct pre-move meetings with clients to understand their needs Create and maintain comprehensive project documentation, plans, and reports Ensure all assets are properly accounted for and protected during the move Oversee the packing, loading, and unloading processes Address and resolve any issues or delays in the move process Manage and track project budgets and expenses Ensure compliance with laws, regulations, and safety standards Provide post-move support and feedback to clients
Qualifications
Proven experience as a Move Manager or similar role Excellent organizational and multitasking abilities Aptitude in problem-solving and decision-making Strong communication and negotiation skills Knowledge of project management processes and planning Ability to handle stress and remain calm in challenging situations Demonstrated ability to manage budgets and resources High school diploma or equivalent; bachelor’s degree in business, management, or a relevant field is a plus
Scheduler Responsibilities
Planning and Managing Schedules: Create and maintain schedules for moving teams, ensuring that all tasks are completed efficiently and on time
Attend all pre-coordination meetings
Resource Allocation: Assess the availability of staff and resources, allocating them to ensure that all moving tasks are completed without delay
Communication: Communicate with clients and team members to ensure that everyone is informed and on the same page regarding the moving process
Problem Solving: Identify and resolve issues that arise during the moving process, such as scheduling conflicts or equipment malfunctions
Training and Development: Train new team members on the moving process and provide ongoing training to ensure that all staff are up to date with the latest practices and procedures
Qualifications
Proficiency in using scheduling software and computer-based tools to create project schedules
Understanding how to use scheduling tools effectively and the rationale behind creating schedules
Ability to manage multiple calls and prioritize scheduling requests based on urgency and importance
Meticulous attention to detail is essential for scheduling tasks
The ability to handle multiple tasks simultaneously and manage time efficiently
1.6.14 Identification of Contractor Employees: The contractor (to include subcontractors) shall provide each employee an identification (ID) badge, which includes at a minimum, the company name, employee name and a color photo of the employee. ID badges for key personnel shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each contractor (to include subcontractors) employees shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The contractor (to include subcontractors) shall be responsible for collection of ID badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the contracting officer prior to the contract performance date and updated as needed to reflect contractor and subcontractor personnel changes. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.
1.6.15 Anti-Terrorism and Operations Security Requirements: N/A
1.6.16. Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the contractor, not the government.
The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.
1.6.17 Contractor Travel: N/A
1.6.18 Other Direct Costs N/A
1.6.19 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.
1.6.20 Organizational Conflict of Interest:
a. Purpose. The primary purpose of this clause is to aid in ensuring that:
(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;
(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and
(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.
b. Definitions.
(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.
(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees.
Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.
c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.
(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.
(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.
(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.
d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract.
Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-
4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.
(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components.
(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant.
(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors.
(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property.
The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished.
The Contractor shall provide copies of such agreements to the Contracting Officer.
(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or
(b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.
e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.
f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.
g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.
h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest.
With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.
i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.
j. Representations and Disclosures.
(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.
(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.
k. Remedies and Waiver.
(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.
(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.
1.6.21 COMBAT TRAFFICKING IN PERSON.
IAW FAR 52-222-50. Contractor Requirements.
The Contractor shall –
(1) Notify its employees of
(i) The U.S. Government's zero tolerance policy.
(ii) Actions that will be taken against employees for violations of this policy.
(2) Take appropriate action.
Part II, Trafficking in Persons (TIP)
1. The Contractor has a procedure for notifying employees of TIP and proof of such notification on file via:
i. Training records or
ii. Employee signature
2. Has documented actions on file citing appropriate action to TIP violations.
3. Record of documented violations to date (if any).
4. The Contractor has a procedure for notifying the Contracting Officer if information is received or actions related to TIP are observed.
1.6.22. IAW FAR 39.2, N/A(
1.6.23 Pre-Consultation Period To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have program manager at no charge to the government, during the [thirty (30) day] periods prior to the move for pre-consultation meetings. During this time, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.
1.6.24 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. The contractor and contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized government personnel or upon written approval of the Contracting Officer. 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 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.
1.6.25 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.
1.7 Safety Laws and Regulations:
a. Contractors are required to submit their injury and illness rate information for similar work conducted in the past to review (OSHA Forms 300/300A). This submission includes periodic monitoring from post award (submitted with accidental prevention plan) through end of calendar year and/or end of contract period.
b. The contractor and their sub-contractors must provide evidence that their Safety and Occupational Health Plan (Accident Prevention Plan) complies with all OSHA standards and will be reviewed by the ANMC Safety Manager.
c. COR and ANMC Safety will monitor safety issues by contractors and keep track of all issues until the contractor corrects them.
d. Provide the ANMC Emergency Management Plan to the contractor to ensure they have the specific procedures during emergency events.
e. The U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Publication (EM 385–1–1) applies to all USACE construction operations incorporating Part 1926, Title 29, Code of Federal regulations (29 CFR 1926).
f. ANMC Contract Support Element (CSE) personnel will ensure all contract requirements packages are sent through the ANMC Safety Office for review and approval.
1.7.1 In addition to other requirements for accident prevention specified in this contract, the contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.
The contractor shall indicate its plan for compliance considering conditions of the work site such as construction conditions and narrow paths between buildings in the OPS complex. The contractor may need to consider the currently existing accident prevention plan of the site in question or in construction.
1.8 Communication Log Regulation
A contractor communication log is an official, chronologically indexed ledger that captures every critical interaction, directive, and technical exchange between a contractor and the government to maintain a binding historical and legal record of contract performance.
Content of Log: number/log ID, date time received, originator (name, position, and agency), communication channel (email, phone, etc), PWS Section 5.2 reference; issue/problem description, contractor action and & resolution; date and time responded.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.
2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.
2.1.3. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government.
Note: The only individual who can legally bind the government.
2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.
government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the terms and conditions of the contract.
2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the performance work statement.
2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY
(GP). Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.
2.1.8. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the key personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.
2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.
2.1.11. QUALITY ASSURANCE SPECIALIST. An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.
2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.13. QUALITY CONTROL. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.
2.1.15. WORK DAY. The number of hours per day the contractor provides services in accordance with the contract.
2.1.16. WORK WEEK. Daily, and may include federal holidays.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out
POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1. Services: N/A
3.2 Facilities The Government will provide – these are incidental – one time for the duration of the move.
Laydown Area/Storage to stage moving equipment and packing material. Size will depend on volume of equipment but should be large enough to accommodate moving vehicles, truck, for efficient sorting/staging Space to store specialized moving equipment (forklifts, cranes, dollies, straps, etc.) when not in use.
Staging Area(s) Within the Facilities - dedicated space within both the origin and destination facilities to prepare equipment, pack items, and load/unload trucks. Sizing depends on the specific areas but needs to accommodate packing materials, carts, and the movement of equipment.
Parking for mover's trucks, vans, and employee vehicles. Conveniently located near the loading docks and staging areas.
Waste Disposal Area for movers to dispose of packing materials, waste and debris. This area must comply with local and ANC regulations.
3.3 Utilities: All utilities in the facility will be available for the contractor’s use in performance of the tasks outlined in…
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