W91QVN16R0034-0001.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

a. The purpose of this amendment is to:

(1) Responses to questions received. Questions and Answers are as the following:

Question 1: "On Page 79 of the solicitation, (2) Engineering Supervisor: The Engineering Supervisor shall be the Fire Protection Specialist (FPS) who is a registered professional engineer who has passed the fire protection engineering written examination administered by the National Council of Examiners for Engineering and Surveys (NCEES) or who is certified as a Level III or above Technician by the National Institute for Certification in Engineering Technologies (NICET) in the Automatic Sprinkler System Layout/Fire Alarm and Detection System Subfield of Fire Protection Engineering Technology in accordance with NICET 1014-7 or registered Fire Protection Professional Engineer (PE) License (소방기술사) issued by ROK..

Fire Facilities Manager (소방시설관리사) is also qualified for the above requirement, "Inspection, Test, Maintenance and Repair of Fire Alarm Detection, and Suppression System" as Fire Protection Professional Engineer (소방기술사). Is Fire Facilities Manager (소방시설관리사) qualified for Engineering Supervisor?"

Response 1: Fire Facilities Manager is not qualified for Engineering Supervisor. The Government will not change the technical evaluation factors because the above sub-factor is developed based on the market research and the Government internal review.

Question 2: On 79 Page of the solicitation, it is described that "The prime Contractor shall have a Fire Protection Facilities Management Business Registration (소방시설관리 유지업 등록증)" However, we have Fire Protection Facilities Installation Business Registration (소방시설 공사업 등록증). Is it acceptable or not? Could you let us know that our registration is satisfied for the requirement?

Response 2: The solicitation stated that the prime Contractor shall have a Fire Protection Facilities Management Business Registration (소방시설관리 유지업 등록증). The Fire Protection Facilities Installation Business Registration (소방시설 공사업 등록증) is different license with the Fire Protection Facilities Management Business Registration (소방시설관리 유지업 등록증). The Government will not change the technical evaluation factors and will be evaluated in accordance with the Solicitation.

Question 3: For Local Clause 5152.204-4032 to be submitted, but could not find the clause in the solicitation.

Response 3: Inserted

(2) Changed Para 1.5.6 of the Performance Work Statement from "Safety Plan" to Safety Program".

b.

All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(ii) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

(iii) Name ______________________________________________

Former rank/grade ____________________________________

Last US Government position ___________________________

Firm ____________________________________________________

Name _____________________________________________________

Signature __________________________________________________

Title _____________________________________________________

Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____

Input VAT on transportation leased/rented for this contract.10% _____

Input VAT on equipment leased/rented for this contract. 10% _____

Input VAT on services purchased for this contract. 10% _____

Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount

Regular Gasoline ________ (L) ________ w________ w_____________

Premium Gasoline ________ (L) ________ w________ w_____________

Diesel ________ (L) ________ w________ w_____________

Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation. The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT (PWS)

Inspection, Test, Maintenance and Repair of

Fire Alarm Detection, and Suppression System

1. General: This is a non-personal services contract to provide the service of inspection, test, maintenance and repair of Fire Alarm Detection and Suppression System at Area III. 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: USAG Humphreys is facing a multi-billion dollar transformation program that will add 400 plus new facilities to the inventory. This brings a major challenge that other garrisons are not experiencing. DPW’s plan is to keep and improve the sustainability of the existing facilities as well as the ones associated with the transformation infrastructure.

1.2 Background: This service will be performed in various facilities, which shall include officer quarters, enlisted quarters, retail outlets, recreation facilities, offices, warehouses, and aircraft shelters, or any other facility at Area III in the Republic of Korea (ROK). All services shall be provided in accordance with established standards, principles, and ethics of the profession and applicable professional specialty organizations, National Fire Protection Association (NFPA) standards, and Unified Facilities Criteria (UFC) 3-601-02, latest edition.

1.3 Objectives: The objective of this contract is to provide inspection, testing, preventive maintenance and repair on wet chemical system, dry chemical system, fire pump system, wet pipe sprinkler system, dry pipe sprinkler system, foam spray and sprinkler system, stand pipe system fire alarm and detection system, D-21 fire alarm receiver, building transceivers, in the various facilities at Area III.

1.4 Period of Performance: The period of performance shall be for one (1) Base Year and four (4) 12 month option years. The Period of Performance reads as follows:

Phase-In:

1 Aug 2016 - 31 Aug 2016 (CLIN 0018)

Base Year:

1 Sep 2016 - 31 Jul 2017 (CLINs 0001 - 0017)

1st Option:

1 Aug 2016 - 31 Jul 2017 (CLINs 1001 - 1017)

2nd Option:

1 Aug 2017 - 31 Jul 2018 (CLINs 2001 - 2017)

3rd Option:

1 Aug 2018 - 31 Jul 2019 (CLINs 3101 - 3117)

4th Option:

1 Aug 2019 - 31 Jul 2020 (CLINs 4001 - 4017)

1.5 General Information

1.5.1 Holidays:

1.5.1.1 U.S. Federal holidays are as follows:

1 January (New Year's Day) 3rd Monday, January (Dr. King’s Birthday) 3rd Monday, February (President’s Birthday) Last Monday, May (Memorial Day) 4 July (Independence Day)

1st Monday September (Labor Day)

2nd Monday, October (Columbus Day) 11 November (Veterans' Day)

4th Thursday, November (Thanksgiving Day) 25 December (Christmas Day)

1.5.1.2. ROK legal holidays are as follows:

1 and 2 January (New Year)

Lunar New Year (On the Lunar Calendar)

1 March (Independence Movement Day) 1 May (Labor Day) 5 May (Children's Day) Buddha's Birthday (On Lunar calendar) 6 June (Memorial Day)

17 July (Constitution Day) 15 August (Liberation Day) Chu-Sok (On the Lunar Calendar)

3 October (National Foundation Day)

25 December (Christmas Day)

1.5.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 and 1700 hrs Monday through Friday except Korean holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. However, the Contractor shall respond to emergency calls within two (2) hours (0000-2400 hours) including weekends and holidays and shall be completed within one (1) calendar day.

1.5.3 Place of Performance: The work to be performed under this contract will be in Area III.

1.5.4. Quality Control Plan (QCP): The Contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS and applicable documents listed in Paragraph 6. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. At a minimum, the following items shall be detailed in the QCP.

• Inspection Plan & Check list

• Preventive Maintenance procedure

• Repair procedure

• Working Staff and Equipment: The Contractor shall provide detailed qualifications of working staff as well as details of equipment and tools to be used for this contract service.

1.5.4.1. An inspection system covering all the services required under the terms and conditions of the contract. It must specify the areas to be inspected on both a scheduled or unscheduled basis, how often inspections will be conducted, and the title of the individual(s) who shall perform the inspections. The Contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific PWS requirement.

1.5.4.1. An inspection system covering all the services required under the terms and conditions of the contract. It must specify the areas to be inspected on both a scheduled or unscheduled basis, how often inspections will be conducted, and the title of the individual(s) who shall perform the inspections. The Contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific PWS requirement.

The Contractor shall address all tasks in the PWS based on the example below.

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or

Performance

Threshold

WHAT/DATA SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standard are being achieved?

1.5.4.2. The Contractor shall keep records of inspection and make them available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The Contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement.

1.5.4.3. On-site records of all inspections conducted by the Contractor and necessary corrective action taken shall be made available to the Government during the term of the contract.

1.5.4.4. Daily performance report, deficiency list, the QCP and other related documents shall be maintained by the Contractor. The documents shall be readily available to the Government at any time during the term of the contract.

1.5.5. Quality Assurance (QA): The Contractor shall comply with the government’s quality assurance program as defined in the Quality Assurance Surveillance Plan (QASP). It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of Contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.5.5.1. The Government has the right to inspect all services required in this contract, to the extent practicable at all times and places during the term of the contract in accordance with FAR clause 52.246-4. If any of the services do not conform to the contract requirements, the Contractor shall perform the services again to meet contract requirement standard, at no increase in contract cost and within a reasonable period of time. The COR will notify the Contract Manager of any contract non-conformance verbally and/or in writing. Once notified, the Contractor shall initiate a corrective action and notify the COR upon completion.

1.5.5.2. Performance Rating: Contracting Officer’s representative (COR) will evaluate Contractor’s performance based on CORT. Contractor’s performance rating will be prepared and submitted to the Contracting Officer on a monthly basis via CORT.

1.5.6. Safety Program: The contractor shall insure that safety precautions are taken during the performance of this contract to protect the lives of contractor personnel, the property of the U.S. Government and the Republic of Korea, as well as the private individuals and firms who may be exposed to or be endangered by the contractor’s actions. The program shall comply with the Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the contract. Any changes or modification to its safety program shall be submitted to the Contracting Officer or his/her duly authorized representative for coordination and review. The safety plan shall be confirmed by Contracting Officer’s Representative (COR) then accepted by KO within 5 working days if there is any changes after award.

1.5.6.1 Risk Management Process. The safety plan shall include detailed job related hazards and controls measures and an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (Risk Assessment Code is an assessment of the probability of the hazard occurring and its potential impact). The contractor shall assure that the safety control measures are implemented. The contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazardAnalysis.aspx or develop their own.

1.5.6.2 Accident investigations, reports, and logs: The safety plan shall include a copy of the contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than 4 hours of accident occurrence to the Contracting Officer/Representative (KO/COR). The contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the KO/COR in the accident investigation reporting format as soon as possible but no later than five (5) working days following the accident. The contractor shall implement corrective actions as soon as reasonably possible. The accident investigation reporting format shall include at a minimum:

(1) Contract number and contract name/description.

(2) Name of contractor

(3) Date/time of accident

(4) Date report was completed

(5) Detail description of events that lead to the accident

(6) Root cause of accident

(7) Contributing factors of accident

(8) Corrective action(s) to prevent recurrence

(9) Specific dates when the corrective actions will be implemented

1.5.6.3 The following require immediate accident notification and written accident report:

(1) A fatality;

(2) A permanent total or permanent partial disability;

(3) The hospitalization of three or more people resulting from a single occurrence;

(5) Property damage of $200 or more.

1.5.7 Management Plan: The Contractor shall provide a management plan with their proposal to include a profile of the management team that identifies the key management people in the company, the function each team member will fill, and each person’s skills that qualify him or her for the position. Additionally, the Contractor shall submit an organizational chart that identifies personnel and configuration of maintenance teams of adequate size and qualifications which reflects the capability to manage and perform the Performance Work Statement (PWS) requirements. If there are any changes to the management plan after award, the contractor shall notify the COR within 5 working days.

1.5.8 Type of Contract: The Government will award a Hybrid Contract with Requirements and Firm Fixed Price (FFP) CLINs.

1.5.9 Security Requirements

1.5.9.1 Physical Security: The Contractor shall safeguard all government equipment, information and property provided for Contractor use. The Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a monthly or quarterly basis. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.5.9.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.5.9.2.1 Lost keys shall be reported to the COR and the Contracting Officer (KO). In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.5.9.2.2 The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.5.9.3 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s QCP.

1.5.10 Contractor Qualification.

1.5.10.1 The prime Contractor shall have at least three (3) years of experience in inspection, test, maintenance and repair of fire protection system or similar experience as specified throughout the PWS within the last five (5) years.

1.5.10.2 The prime Contractor shall have a Fire Protection Facilities Management Business Registration (소방시설관리 유지업 등록증) to perform Inspection, Testing, Maintenance and Repair of Fire Protection Systems issued by Republic of Korea (ROK) or Korean Business Licensing combined with US registered Fire Protection Engineering (FPE) or National Institute for Certification in Engineering Technologies (NICET) certifications.

1.5.11 Key Personnel. The Contractor shall keep his submitted staffing plans for Fire Alarm Detection and Suppression System (FADSS). The following personnel are considered key personnel by the Government. All certification & license requirements shall be current. The Contractor shall notify any changes in writing to Contracting Officer and COR to the before the changes in personnel become effective. Qualifications for all key personnel who shall possess following identified requirements in local or U.S. are listed:

1.5.11.1. Contractor Manager (CM)

1.5.11.1.1 The Contractor shall provide a Contract Manager (CM) who shall be responsible for the performance of work. Any changes of these individuals shall be submitted in writing to the Contracting Officer (KO) prior to performance. The replacement of CM must have the same or exceed qualification and experience as the individual he/she is replacing.

1.5.11.1.2 CM shall have minimum two (2) years’ experience as a CM in managing fire alarm system within the last five (5) years. CMs shall have full authority to act for the Contractor on all contract matters relating to daily operations.

1.5.11.1.3 CM shall be available during normal duty hours within two (2) hours of notice to meet on the installation with Government personnel (COR) to discuss problem areas. After normal duty hours, the CM shall be available within four (4) hours of notice, 24 hours a day, and seven (7) days a week for emergency purposes. The CM shall be available by cell phone and shall provide their cell phone number to the KO and COR prior to start contract.

1.5.11.1.4 CM and shall be able to read, write, speak, and understand English.

1.5.11.2.Engineering Supervisor: The Engineering Supervisor shall be the Fire Protection Specialist (FPS) who is a registered professional engineer who has passed the fire protection engineering written examination administered by the National Council of Examiners for Engineering and Surveys (NCEES) or who is certified as a Level III or above Technician by the National Institute for Certification in Engineering Technologies (NICET) in the Automatic Sprinkler System Layout/Fire Alarm and Detection System Subfield of Fire Protection Engineering Technology in accordance with NICET 1014-7 or registered Fire Protection Professional Engineer (PE) License (소방기술사) issued by ROK.

1.5.11.3. Electrical Fire Engineering Technician: The Electrical Fire Engineering Technician shall have valid and current certificate/license in Fire Detection, Alarm and Notification, National Institute for Certification in Engineering Technologies (NICET) Level II or Electrical Fire Engineer (소방전기기사) issued by the ROK Government or Electrical Fire Engineering Technician (소방산업기사 - 전기) issued by the ROK Government. The Electrical Fire Engineering Technician shall have at least two (2) years of experience within the last five (5) years in Inspection, Test, Maintenance (ITM) and Repair of Fire Protection System.

1.5.11.4. Mechanic Fire Engineering Technician: The Mechanic Fire Engineering Technician shall have valid and current certificate/license in Water Based Fire Protection System, National Institute for Certification in Engineering Technologies (NICET) Level II or Mechanic Fire Engineer (소방설비기사) issued by the ROK Government or Mechanic Fire Engineering Technician (소방산업기사-기계) issued by the ROK Government. The Mechanic Fire Engineering Technician shall have at least two (2) years of experience within the last five (5) years in Inspection, Test, Maintenance (ITM) and Repair of Fire Protection System.

1.5.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. While on post at USAG Humphreys, the Contractor personnel shall present a professional appearance and be easily recognizable as Contractor employees. Identification of all Contractor employees and visiting workers shall be accomplished by wearing distinctive clothing and or individual photo badges or escort badges bearing the name of the company and the word “FADSS Maintenance”. The distinctive clothing and individual photo badges or escort badges shall be provided at the Contractor’s own expense.

1.5.13 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 (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall 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.

1.5.14 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor is allowed to use of tobacco or smoking only in authorized locations and prohibited on USAG Humphreys. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no Contractor employees conduct political related activities or events on the US Army Facilities.

1.5.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the 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 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 KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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 Phase-In: The phase-in period shall be 30 days. The contractor shall assume responsibility for all functions, identified in the PWS, within 30 days after contract start date. The contractor shall ensure full manning is available starting with the first day of the full performance period. The contractor shall provide and maintain properly trained, and qualified personnel starting with the first day of the full performance period. The contractor shall participate in a transition period to ensure a smooth transition of work effort from the current contract to follow-on contract. The contractor shall become familiar with work and personnel requirements during this period. This includes obtaining training requirements, developing work plans and procedures. If unable to meet any task timeline, you will notify the KO and COR. See the following Phase-In schedule:

1.5.18 Emergency Services

1.5.18.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

1.5.18.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.5.19 Antiterrorism (AT) and Operations Security (OPSEC)

1.5.19.1 AT Level I Training: This provision/contract text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. All Contractor employees, to include subContractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 50 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subContractor employee to the COR or to the KO, if a COR is not assigned within 20 calendar days after completion of training by all employees and subContractor personnel.

1.5.19.2 Access and General Protection/Security Policy and Procedures: This standard language text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. The Contractor and all associated sub-Contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.5.19.3 AT Awareness Training for Contractor Personnel Traveling Overseas: This standard language text required US based Contractor employees and associated sub-Contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

1.5.19.4 iWATCH Training: This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated sub-Contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 50 calendar days of contract award and within 20 calendar days of new employees commencing performance with the results reported to the COR NLT 50 calendar days after contract award.

1.5.20 ENVIRONMENTAL CONTROL. All hazardous materials and wastes including Freon, asbestos, paint, paint waste, thinner, solvent, stripper, wastes slops, brush cleaning solutions and paint cans generated by this contact shall be managed by Contractor licensed/certified personnel and disposed in accordance with ROK Environmental law and regulations. The Contractor shall maintain a collection point for hazardous wastes generated by his work. The collection point shall receive a certification from Director of Public Works (DPW) Environmental Office prior to use. Disposal of hazardous wastes from the installation shall be accomplished by the Contractor and fully coordinated with DPW Environmental Office. Under no circumstances shall the Contractor flush hazardous material down sinks, toilets, drains or dispose of by dumping in trash collection containers or burying. The Contractor should provide asbestos awareness training certificates to the KO or COR for inclusion into the management plans.

1.5.20.1. Compliance with Laws and Regulations. The Contractor shall comply with all applicable ROK Environmental laws, regulations and requirements regarding environmental. In the case of environmental laws/regulations/requirements change during the contract period, the Contractor shall comply with such law/regulation as changed.

1.5.20.2. Notification of Environmental Spills. If the Contractor spills or releases any substances, such incidents shall be reported to the KO or COR immediately then it shall be informed Environmental office. The Contractor shall be liable for the spill or release of such substances and for all safety precautions, testing and clean up with disposal of all materials from the contaminated site.

1.5.20.3. Material Storage and Use. The Contractor shall be responsible for and follow manufacturer’s guidelines and professional recommendations for the control of humidity, temperature, cleanliness and material handling including hazardous materials.

2. Definitions and Acronyms:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

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

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). 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.

2.1.5 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.

2.1.6 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.8 Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11. 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. The prime Contractor is responsible for performance of all subContractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.15. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

2.1.18 Property Records. Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in Contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of Contractor performance.

2.1.22 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.25 SubContractor. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subContractor.

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For Contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.28 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.29 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CAP Contractor Acquired Property

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

GFP Government-Furnished Property

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

PA Property Administrator

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

WAWF

Wide Area Work Flow

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 General. The Government will provide storage space (Bldg # : To Be Determined) to house required on-site equipment as required.

3.2 Government Furnished Workspace and Facilities. Maintain all Government-Furnished office, shop and storage space in a neat and orderly condition. The storage of any hazardous materials is not allowed unless approved by the COR. Use assigned spaces only for contract purposes. Upon conclusion of the resulting contract, return all assigned areas in a clean, neat and well-maintained condition, and remove all Contractor property.

3.3 Government Furnished Utilities. The Government furnishes utilities in Government owned facilities at no cost. Furnish any required utility connections. The Contractor shall use utilities in a prudent manner consistent with energy conservation policies. Use lights only where work is being performed. Turn off water faucets at end of use.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The Contractor shall furnish all the items required to perform this contract except Government-furnished items or services specified in Paragraph 3 in this PWS.

4.2 CONTRACTOR FURNISHED COMMUNICATION SYSTEM. The Contractor shall be responsible for costs to install or relocate commercial telephones, computer lines and pager systems for their own communication throughout the contract period if necessary.

4.3 VEHICLES. All vehicles shall be in operable condition and meet local safety requirements. Each vehicle shall exhibit the name of the Contractor and the words “USAG Humphreys, FADSS Maintenance” on each side of the cab. The sign shall be readable from at least 20 feet away. Contractor-operator vehicles shall comply with installation traffic regulations.

4.4 WORK INFORMATION MANAGEMENT SYSTEMS. The Contractor shall provide one hard copy of a daily quality control reports of including but not limited to regular inspection & test, service call and separated delivery orders of requirement portion. All the accumulated reports for the month shall be submitted by the 5th day of each month. The Contractor shall submit the list of buildings’ FADSS and a summary of bench stock parts by the 5th day of the month with the updated date.

4.5 The items fail to meet the required standards shall be replaced by the Contractor at Contractor’s expense. All Contractor-furnished materials used in maintenance, repair, or replacement shall be of a quality equal to or better than the items to be replaced. The Contractor shall consider matching existing materials such as color, texture, in replacement and repairs of material selection. If existing materials cannot be matched, then variations shall be submitted, for coordination/acceptance by the COR prior to the installation.

5. SPECFIC TASKS

5.1. Inspection, Test and Preventive Maintenance of Fire Alarm, Detection, and Suppression System.

5.1.1. The Contractor…