SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 95 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE W564KV19R0024 06-Sep-2019 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: JESSICA MAYEAUX +49 (0)6111435426863 10:00 AM 11 Oct 2019 9. ISSUED BY CODE W564KV 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR: WOMEN-OWNED SMALL BUSINESS (WOSB) TCC-KAISERSLAUTERN SMALL BUSINESS ELIGIBLE UNDER THE WOMEN-OWNED KLEBER KASERNE MANNHEIMER STRASSE 238 SMALL BUSINESS PROGRAM BLDG 3233 HUBZONE SMALL NAICS: 67657 KAISERSLAUTERN EDWOSB GERMANY BUSINESS 561612 SERVICE-DISABLED TEL: SIZE STANDARD: VETERAN-OWNED 8(A) FAX: SMALL BUSINESS $20,500,000
11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A RATED ORDER UNDER MARKED DPAS (15 CFR 700) 14. METHOD OF SOLICITATION SEE SCHEDULE RFQ IFBX RFP
15. DELIVER TO CODE W904LK 16. ADMINISTERED BY CODE TASK FORCE FALCON W3VA CO B FSB TASK FORCE FALCON AWCF SSF 1000 CAMP BONDSTEEL KOSOVO TEL: FAX:
17a.CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE
TELEPHONE NO. 17b. CHECK IF REMITTA NCE IS DIFFERENT A ND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE A DDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
1X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 29. AWARD OF CONTRACT: REF. COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNA TURE OF OFFEROR/CONTRA CTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED (TYPE OR PRINT) TEL: EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012) PREV IOUS EDITION IS NOT USA BLE Prescribed by GSA – FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PA GE 2 OF 95 (CONTINUED) 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/ SERV ICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012) BACK PREV IOUS EDITION IS NOT USA BLE Prescribed by GSA – FAR (48 CFR) 53.212 W564KV19R0024
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Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 2 Months Security Services Phase In FFP Phase in IAW section 1.20 of the PWS. FOB: Destination PSC CD: S206
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 10 Months Guards and Supervisors FFP Non-personal services for on-duty posts at Camp Bondsteel, KOSOVO. IAW Section 1.10 of the PWS, the FPOC Armed Supervisor(s), Post Armed Supervisors and Armed Guards must be U.S. Citizens. FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 12 Months Guards and Supervisors FFP Non-personal services for on-duty posts at Camp Bondsteel, KOSOVO. IAW Section 1.10 of the PWS, the FPOC Armed Supervisor(s), Post Armed Supervisors and Armed Guards must be U.S. Citizens. FOB: Destination PSC CD: S206
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 12 Months Guards and Supervisors FFP Non-personal services for on-duty posts at Camp Bondsteel, KOSOVO. IAW Section 1.10 of the PWS, the FPOC Armed Supervisor(s), Post Armed Supervisors and Armed Guards must be U.S. Citizens. FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 12 Months Guards and Supervisors FFP Non-personal services for on-duty posts at Camp Bondsteel, KOSOVO. IAW Section 1.10 of the PWS, the FPOC Armed Supervisor(s), Post Armed Supervisors and Armed Guards must be U.S. Citizens. FOB: Destination PSC CD: S206
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 12 Months Guards and Supervisors FFP Non-personal services for on-duty posts at Camp Bondsteel, KOSOVO. IAW Section 1.10 of the PWS, the FPOC Armed Supervisor(s), Post Armed Supervisors and Armed Guards must be U.S. Citizens. FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 7500 1 Each Contract Manpower Reporting Army (CMRA) FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) incurred for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY20, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.
FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 7501 1 Each Contract Manpower Reporting Army (CMRA) FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) incurred for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY21, all data shall be reported no later than October 31 of each calendar year, beginning with 2021. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.
FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 7502 1 Each Contract Manpower Reporting Army (CMRA) FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) incurred for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY22, all data shall be reported no later than October 31 of each calendar year, beginning with 2022. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.
FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 7503 1 Each Contract Manpower Reporting Army (CMRA) FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) incurred for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY23, all data shall be reported no later than October 31 of each calendar year, beginning with 2023. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.
FOB: Destination PSC CD: S206
NET AMT
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 7504 1 Each Contract Manpower Reporting Army (CMRA) FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) incurred for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY24, all data shall be reported no later than October 31 of each calendar year, beginning with 2024. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.
FOB: Destination PSC CD: S206
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government 7504 Destination Government Destination Government
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DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE
0001 POP 30-DEC-2019 TO N/A TASK FORCE FALCON W904LK 28-FEB-2020 W3VA CO B FSB TASK FORCE FALCON AWCF SSF 1000 CAMP BONDSTEEL KOSOVO FOB: Destination
0002 POP 29-FEB-2020 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2020 FOB: Destination
1001 POP 30-DEC-2020 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2021 FOB: Destination
2001 POP 30-DEC-2021 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2022 FOB: Destination
3001 POP 30-DEC-2022 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2023 FOB: Destination
4001 POP 30-DEC-2023 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2024 FOB: Destination
7500 POP 30-DEC-2019 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2020 FOB: Destination
7501 POP 30-DEC-2020 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2021 FOB: Destination
7502 POP 30-DEC-2021 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2022 FOB: Destination
7503 POP 30-DEC-2022 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2023 FOB: Destination
7504 POP 30-DEC-2023 TO N/A (SAME AS PREVIOUS LOCATION) W904LK 29-DEC-2024 FOB: Destination
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.204-2 Security Requirements AUG 1996
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52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications. 52.204-21 Basic Safeguarding of Covered Contractor Information JUN 2016 Systems 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-20 Requirements for Certified Cost or Pricing Data or OCT 2010 Information Other Than Certified Cost or Pricing Data 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-56 Certification Regarding Trafficking in Persons Compliance MAR 2015 Plan. 52.223-10 Waste Reduction Program MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-14 Inconsistency Between English Version And Translation Of FEB 2000 Contract 52.225-25 Prohibition on Contracting with Entities Engaging in Certain AUG 2018 Activities or Transactions Relating to Iran-- Representation and Certifications. 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992
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252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party OCT 2016 Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016 Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7008 Only One Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a DEC 2018 Country that is a State Sponsor of Terrorism 252.226-7001 Utilization of Indian Organizations and Indian-Owned APR 2019 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished APR 2012 Property 252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-- REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
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(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
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(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
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(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)
(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.
(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--
(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;
(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and
(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
See addendums to 52.212-1 and 52.212-2 for details on the evaluation factors.
Award will be made based on the basis of the lowest evaluated price of proposals meeting or exceeding the
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(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
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(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
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(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
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(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
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(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women- owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women- owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern
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(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.” (2) Foreign End Products:
Line Item No. Country of Origin
______
______
______
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(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______
______
______
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of Origin
______
______
______
[List as necessary]
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(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
___
___
___
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
______
______
______
[List as necessary]
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
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Line Item No. Country of Origin
______
______
______
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.- made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
Line Item No. Country of Origin
______
______
______[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery,
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(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
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Listed End Product Listed Countriesof Origin
______
______
______
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
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(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
( ___ ) TIN: ------.
( ___ ) TIN has been applied for.
( ___ ) TIN is not required because:
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( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
( ___ ) Offeror is an agency or instrumentality of a foreign government;
( ___ ) Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
( ___ ) Sole proprietorship;
( ___ ) Partnership;
( ___ ) Corporate entity (not tax-exempt);
( ___ ) Corporate entity (tax-exempt);
( ___ ) Government entity (Federal, State, or local);
( ___ ) Foreign government;
( ___ ) International organization per 26 CFR 1.6049-4;
( ___ ) Other ------.
(5) Common parent.
( ___ ) Offeror is not owned or controlled by a common parent;
( ___ ) Name and TIN of common parent:
Name - ___ . TIN - ___ .
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. By submission of its offer, the offeror represents that--
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at [email protected].
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(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: ___
Immediate owner legal name: ___
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity:
[ ___ ] Yes or [ ___ ] No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code: ___
Highest level owner legal name: ___
(Do not use a “doing business as” name)
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(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(2) If the Offeror has indicated ``is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ___ (or mark ``Unknown'').
Predecessor legal name: ___ .
(Do not use a ``doing business as'' name).
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory,
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(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: ___ .
(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
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____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
X (ii) Alternate I (Feb 1999) of 52.222-26.
____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
____ (ii) Alternate I (July 2014) of 52.222-35.
____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
____ (ii) Alternate I (July 2014) of 52.222-36.
____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
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____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
X (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
X (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
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____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
____ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
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_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) X (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from block 9 of the SF 1449.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
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(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://acquisition.gov
(End of clause)
252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
(End of clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
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(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.
(End of clause)
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: ____(Offeror to Insert) RATE (PERCENTAGE): _____(Offeror to Insert)
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
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(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s): 2 in 1 invoice. Contractor must upload all invoices and supporting documentation into WAWF.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
See Below
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
2 in 1 invoice. Contractor must upload all invoices and supporting documentation into WAWF.
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0672
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Issue By DoDAAC W564KV Admin DoDAAC** W564KV Inspect By DoDAAC W904LK Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) W904LK Service Acceptor (DoDAAC) W904LK Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact. [email protected]
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. [email protected]
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
***This clause to be completed if, upon award, funds are not avaible to fully fund the obligation.
(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $---- of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor
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Page 44 of 95 is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $--
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(month) (day), (year) $----
(month) (day), (year) $----
(month) (day), (year) $----
(End of clause)
252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)
(a) Definitions. As used in this clause-
(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.
(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.
(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission-essential functions. All of section 5 of the PWS, with the exception of section 5.2.3.1 (Enterprise-Wide Contractor Manpower Reporting Application), is considered Mission- Essential Contractor Services.
(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.
(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.
(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.
(d)(1) Notwithstanding any other clause of this contract, the Contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.
(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this clause during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.
(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel, or contract support from other contractors, or to enter into new contracts for essential contractor services.
(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease
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(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.
(End of clause)
5152.233-4002 AMC-LEVEL PROTEST PROGRAM (June 2016)
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 45 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:
Protest to HQAMC shall be filed at:
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: [email protected]
Packages sent by FedEx or UPS should be addressed to:
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000
The AMC-level protest procedures are found at: https://www.amc.army.mil/Connect/Legal-Resources/
If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
(End of Provision)
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PWS PERFORMANCE WORK STATEMENT (PWS)
Contract Security Guard Services Camp Bondsteel, Kosovo 23 August 2019
Part 1 General Information
1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) 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.
1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide Contract Security Guard Services at Camp Bondsteel, Kosovo.
1.2 Background: Camp Bondsteel is a contingency camp of the U.S. Army in Kosovo; located between the towns of Ferizaj and Gjilane. Area Support Team (ASG) Balkans is a subordinate activity of 21ST Theater Sustainment Command (TSC), U.S. Army Europe (USAREUR) and has the responsibility to provide management of installation access to Camp Bondsteel, Kosovo. Contract Security Service at Camp Bondsteel, Kosovo has been an on-going requirement for the past ten years.
1.3 Scope: The Contractor shall provide non-personal service(s). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.
1.4 Objectives: The contractor shall provide armed and unarmed security guard services at Camp Bondsteel, Kosovo to include: installation access control, surveillance, monitoring, and overall safeguarding of the installation and its tenant units and activities.
1.5 General Information
1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.
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) days after date of contract award (Deliverable # A.001).
The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have three (3) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:
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a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team. b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)? c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses? d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance? e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.8 Key Control)? f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials? g. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future? h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?
1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty 30 days upon completion of each option period or Task Order (Deliverable # A.002).
1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within twenty-four (24) clock hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days (Deliverable # A.003).
1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).
1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.
1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. For delivery submittal, 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 January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th
1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays unless otherwise directed by the Contracting Officer.
New Year’s Day January 1st and 2nd Christmas (Orthodox) January 7th Kosovo Independence Day February 17th Easter (Catholic) Year dependent Easter (Orthodox) Year dependent Constitution Day April 9th International Work Day May 1st Europe Day May 9th Eid-al-Fitr Year dependent Eid-al-Adha Year Dependent Christmas (Catholic) December 25th
1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.
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1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0800 to 1700 Monday through Saturday except U.S. Holidays identified in paragraph 1.6.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 00:00 to 23:59 Monday through Sunday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.6.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.
1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 00:00 to 23:59 Monday through Sunday whether the facility is open or closed during local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS whether the Government facility is opened or closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.), and, how the Contractor intends to address and meet increased operations tempo (e.g. Contractor’s need for overtime or extended work hours). If the need for overtime is anticipated, the Contractor must receive approval from the Contracting Officer at a minimum seven (7) calendar days prior to execution. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within ten (10) days after date of contract award (Deliverable # A.004). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.
1.5.5 Training Holidays: Reserved.
1.5.6 Place of Performance: The work to be performed under this contract will be performed through-out the U.S. Army Installation, Camp Bondsteel, located near Ferizaj, Kosovo.
1.6 Security Requirements: The following information is provided on security related matters.
1.6.1 Security Program: Select contractor personnel performing work under this contract must have a Secret Security Clearance at time of the proposal submission, and must maintain the level of security required for the life of the contract (Refer to PWS Section 1.10(a) and 1.10(b)). The security requirements are IAW with the Department Of Defense 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
1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract as the Program/Contract Manager and Site Manager must have an active personnel security clearance at the Secret level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the Department of Defense Contract Security Classification Specification DD Form 254. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with Federal Acquisition Regulation (FAR) 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the Department of Defense Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor.
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1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for, will be grounds for denying access to U.S. installations 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. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.
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.
AE Reg 190-16 can be found on the following website: https:///media.defense.gov/AER190-16.
1.6.3.1 In addition to AE REG 190-16 access to Camp Bondsteel is in accordance with Kosovo Force (KFOR) SOP 1047 and the Camp Bondsteel Access Control SOP. In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) days after contract award (Deliverable # A.005). The log must at a minimum contain the following information: Last Name, First Name, Middle Name, Passport Number, City of Birth, and Date of Birth. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable # A.006).
1.6.3.2 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 two (2) days (Deliverable # A.007).
1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within ten (10) days (Deliverable # A.008).
1.6.3.4 Common Access Cards (CAC): The Contractor shall provide the following information: Last, First Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR within thirty (30) calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer) (Deliverable # A.009). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.5.
1.6.3.4.1 The Contractor shall provide a CAC log within the first 30 calendar days after contract award and within five (5) days after changes have been made (Deliverable # A.010) (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.
1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors.
1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The U.S. Government 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 stateside background check, if required, be unfavorable as determined by the U.S. Government. 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 U.S. Government. The Contractor shall forward a copy to the Contracting Officer and COR of each favorable background check within five (5) day of receipt by the Contractor, identifying such with the appropriate contract
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Page 51 of 95 number (Deliverable # A.011). The Contractor shall forward a copy to the Contracting Officer and COR of each unfavorable background check within one (1) day of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #A.012). 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.
1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the U.S. Government. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer and COR a Raport in e Policisё sё Kosovёs (Report of the Kosovo Police), issued within the previous four months, no later than five (5) days after contract award (Deliverable # A.013). Forwarding correspondence from the Contractors shall identify the associated contract number. The U.S. Government will determine the favorability of the Raport in e Policisё sё Kosovёs and notify the Contractor. The Contractor shall forward a copy of unfavorable Raport in e Policisё sё Kosovёs to the Contracting Officer and COR within one (1) day of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.7.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable). In addition to the requirements listed above local national contract employees shall be required to undergo and complete KFOR Screening at Camp Bondsteel prior to the start of employment, every six months thereafter, and on an as required basis. The contractor shall escort all local national personnel to the screening office. Local Nationals shall be required to provide two forms of photo identification and a Raport in e Policisё sё Kosovёs at the time of screening. Failure of the individual to receive a favorable KFOR screening would be grounds for termination.
1.6.5 Physical Security: The Contractor shall safeguard 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).
1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued KFOR access badges shall not be worn outside designated facilities where visible to the general public.
1.7 Key Control: The Contractor shall establish and implement methods in accordance with AR 190-51 and AR 190-11 to ensure all keys 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 Contractor’s Security Plan (Deliverable # A.014) and 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 incidents of lost or duplicate keys to the Contracting Officer. 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 payment due to 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 payment due to the Contractor. 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 Contracting Officer. 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 Quality Control Plan.
1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor
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Page 52 of 95 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 shall 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.
1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.
1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.
1.10 Key Personnel: The following personnel are considered key personnel by the Government: Program/Contract Manager, Site Manager, and Logistics/Property Manager. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) days after contract award (Deliverable # A.015). The Program/Contract Manager and Alternate Program/Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Program/Contract Manager or Alternate Program/Contract Manager shall be available between 0800 to 1700 Monday through Saturday. Qualifications and experience criteria for all personnel are listed below. The Contractor shall be responsible for verifying experience and qualification for each position listed and shall submit verification to the Contracting Officer and Contracting Officer’s Representative upon request (Deliverable # A.016). Due to the contractor employees being potential first responders to incidents, all contractor employees shall be able to communicate in English and the host nation language to the degree that they understand oral and written communications and express themselves in matters pertaining to their work (i.e. reporting of emergency situations, written reports, etc..) in person or by telephone/radio communications, to their management, and military authorities. Additionally the employees shall be able to provide clear communications to the customer at the point of service.
a. Program/Contract Manager and Alternate Program/Contract Manager: The Program/Contract Manager shall be a U.S. citizen, have a Secret Security Clearance, and demonstrate as a minimum seven (7) years of supervisory or management experience within the last two (2) years prior to assuming the position. Experience is required to be in at a minimum one of the following career fields: armed security services, law enforcement, military service, and or contract management within two years of the contract award or selection. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.
b. Site Manager: The Site Manager shall be a U.S. citizen, have a Secret Security Clearance, and demonstrate as a minimum five (5) years of supervisory or management experience within the last two (2) years prior to assuming the position. Experience is required to be in at a minimum one of the following career fields: armed security services, law enforcement, military service, and or contract management within two years of the contract award or selection.
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This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.
c. Logistics/Property Manager: The Logistics/Property Manager may be a U.S. citizen or a qualified local national able to demonstrate as a minimum two (2) years of administrative experience in property accountability and management of Government Furnished Property within the last five (5) years prior to assuming the position. The Logistics/Property Manager will be eligible to obtain a Common Access Card, and gain access to the Global Combat Support System-Army (GCSS-Army) network system, by completing the web based GCSS-Army Training and Certification system (GTRAC) for record.
1.11 Non-Key Personnel: Due to the contractor employees being potential first responders to incidents, all contractor employees shall be able to communicate in English and the host nation language to the degree that they understand oral and written communications and express themselves in matters pertaining to their work (i.e. reporting of emergency situations, written reports, etc..) in person or by telephone/radio communications, to their management, and military authorities. Additionally the employees shall be able to provide clear communications to the customer at the point of service. The following are considered non-key personnel.
a. Force Protection Operations Center (FPOC) Armed Supervisor: The contractor shall provide a minimum of one armed FPOC supervisor on a twenty-four (24) hour, seven (7) days a week basis. The FPOC Supervisor shall be a U.S. citizen and demonstrate as a minimum two (2) years of supervisory experience, with in the last five (5) years prior to assuming the position, in one or more of the following career fields: armed security services, law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.
b. Post Armed Supervisors: The contractor shall provide an armed supervisor at each post area on a twenty- four (24) hour, seven (7) days a week basis. The Post Armed Supervisor shall be a U.S. Citizen and demonstrate as a minimum two (2) years of supervisory experience, with in the last five (5) years prior to assuming the position, in one or more of the following career fields: armed security services, law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.
c. Armed Guards: The contractor shall provide trained armed guards, as necessary, to maintain required post coverage as stated in this Performance Work Statement. The Armed Guards shall be U.S. citizens and demonstrate as a minimum two (2) years of experience, with in the last ten (10) years prior to assuming the position, in one or more of the following career fields: armed security services, law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.
d. Unarmed Guards (Kosovo or with Residency status in Kosovo): The Contractor shall provide trained Unarmed Guards, as necessary, to maintain required post coverage as stated in this Performance Work Statement. The Unarmed Guards shall have citizenship or residency status in Kosovo and demonstrate as a minimum two (2) years of experience, with in the last five (5) years of assuming the position, in one or more of the following career fields: unarmed security services, law enforcement, or military service.
1.12 Reserved
1.13 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
1.13.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are
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Page 54 of 95 not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance (10) days after contract award (Deliverable # A.017). Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.
1.13.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes (Deliverable # A.018).
1.14 Contractor Travel: Reserved.
1.15 Other Direct Costs (ODCs): Reserved.
1.16 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, 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.
1.17 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.
The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.
1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than five (5) days prior to commencement of work under the contract (Deliverable # A.019). Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.
1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (Deliverable # A.020). The Contractor’s OCI Mitigation Plan will be determined to
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1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the sixty (60) day, thirty (30) day, phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. During the phase in period the Contractor shall also contact The Republic of Kosovo Business Registration in order to register as a foreign company in Kosovo, per Republic of Kosovo regulation.
1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:
1.21.1 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) days that such notifications were made (Deliverable # A.022).
1.22 Environmental Compliance: The following provides information on Environmental Compliance.
1.22.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its operations and activities conform to Camp Bondsteel’s environmental policy requirements. 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 on Camp Bondsteel are conducted in accordance with the Camp Bondsteel Spill Prevention and Response Plan, Solid Waste Policy, and applicable Kosovar environmental laws/standards.
1.22.2 The Contractor must immediately report any hazardous substance spills to the Camp Bondsteel Fire Department at DSN 314 781-3421/4098 or Commercial +383 38 774-3421/4098.
1.22.3 The Contractor shall contact the COR or the ASG Balkans Directorate of Public Works-Environmental Division , DSN 314 781-6203, Commercial +383 49 774 797, Bldg. 2130C, Camp Bondsteel for a copy of the Camp Environmental Policy, Spill Prevention and Response Red Plan, and Garrison Solid Waste Policy.
1.23 Required Training: The following provides information on training requirements.
1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days (Deliverable # A.023) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) 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 (Deliverable # A.024) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within Five (5) 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 (Deliverable # A.025) 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 five (5) days after completion of the training.
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1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be provided to the COR within five (5) days after completion of the training for new employees (Deliverable # A.026). 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 five (5) days after completion of the training (Deliverable # A.027).
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 five (5) days after completion of the training.
1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and within thirty (30) after new employees commence contract performance, with the results reported to the COR within thirty-five (35) days after the contract is awarded and within five (5) days after new employees commence contract performance (Deliverable # A.028). Training slides can be found on the Army OneSource website: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.
1.23.4 Information Assurance (IA) Training
1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within ten (10) days (Deliverable # A.029) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or ten (10) days after employment of new personnel.
1.23.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.
1.23.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Verification of registration shall be provided to the COR within two (2) days after registration (Deliverable # A.030). Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within two (2) days after completion of the training (Deliverable # A.031).
1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion (Deliverable # A.032). Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm
1.24 Reserved.
1.25 Notice to Proceed: the notice to proceed will be provided as indicated below.
__X The effective date of contract will constitute the date of notice to proceed A notice to proceed letter will be issued
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The date of the letter transmitting the contract will constitute the date of the notice to proceed
1.26 Electromagnetic Compatibility Directive: Reserved
1.27 Government Property and Services: Refer to Part 3 of this PWS for Government property (GP) for this contract. The Contractor shall submit a Property Management Plan to the Contracting Officer during proposal submission (Refer to 52.212-1 and 52.212-2 of the solictation). (Deliverable # A.033)
1.28 Reserved: The Republic of Kosovo is not part of the European Union and is not currently subject to CFE Treaty Verification Inspection.
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PART 2 DEFINITIONS & ACRONYMS
2. Definitions and Acronyms
2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.
Contracting Officer – means 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.
Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”
Contractor – means 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.
Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.
Day – means, unless otherwise specified, a calendar day.
Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.
Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
Government-furnished property - means property furnished to the contractor 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.
Government property - means 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.
Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.
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High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.
Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.
Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.
Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.
Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.
Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.
Work Day - The number of hours per day the Contractor provides services in accordance with the contract.
Work Week - Monday through Friday, unless otherwise specified.
2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.
7ATC 7th Army Training Command ACOR Alternate Contracting Officer's Representative ACP Access Control Point AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility APO Army Post Office AR Army Regulation ASG Areas Support Group AT Anti-terrorism ATCTS Army Training Certification Tracking System BAC Blood Alcohol Content CAC Common Access Card
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CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf CPR Cardio-Pulmonary Resuscitation DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFAC Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense EDE Explosive Trace Detection Equipment EST Engagement Skills Trainer FAR Federal Acquisition Regulation FRG Federal Republic of Germany FPCON Force Protection Condition FPOC Force Protection Operation Center FST Field Sobriety Test GFP Government Furnished Property GCSS-Army Global Combat Support System-Army GTRAC GCSS-Army Training and Certification system HIPAA Health Insurance Portability and Accountability Act HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 HMMWV High Mobility Multi-Wheeled Vehicle IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office IBA Interceptor Body Armor ID Identification IGCE Independent Government Cost Estimate IMP International Military Police IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KAF Kosovo Armed Forces KFOR Kosovo Force KSF Kosovo Security Forces KO Contracting Officer LMR Land Mobile Radio LNAR Local National Access Request LOGCAP Logistics Civil Augmentation Program LSD Lysergic Acid Diethylamide MOA Memorandum Of Agreement MWR Morale Welfare Recreation NATO North Atlantic Treaty Organization NEC Network Enterprise Center OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator
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PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PPE Personal Protective Equipment PRS Performance Requirements Summary PWS Performance Work Statement PX Post Exchange QA Quality Assurance QAP Quality Assurance Program QASAS Quality Assurance Specialist Ammunition Surveillance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RAM Random Anti-terrorism Measure RCO Regional Contracting Office RO Range Officer RSO Range Safety Officer SALUTE Size, Activity, Location, Uniform, Time, and Equipment SIGE Safety and Health Protection Plan SOP Standard Operating Procedure TE Technical Exhibit TSC Theater Sustainment Command USAREUR U.S. Army Europe USEUCOM U.S. European Command UOM Unit of Measure
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PART 3 GOVERNMENT PROPERTY (GP) AND SERVICES
3. Government Property and Services
3.1 Services: The Government shall provide the following services.
3.1.1 Army Post Office (APO) privileges for U.S. citizens only.
3.1.2 Dining Facility (DFAC) support. Due to the logistical difficulty of rotating on-duty personnel, take-out meals shall be provided while on shift. Also warming beverages to include coffee and soup shall be made available. The contractor shall be responsible for pick-up and return of containers to the Camp Bondsteel DFAC. Host national contract employees, not employed as an unarmed guard shall be responsible for purchasing meal vouchers for any meal consumed at the DFAC.
3.1.3 Laundry Services. In the event of loss/damage, the LOGCAP contractor shall be responsible.
3.1.4 Post Exchange (PX) privileges based on NATO KFOR Badge Category.
3.1.5 Morale Welfare Recreation (MWR) facilities for U.S. citizens only.
3.1.6 Finance cash-cage, check-cashing, and U.S. Banking Institution account linked Eagle Cash Card services. Host Nationals shall have meal voucher purchase privileges, as well as, limited Eagle Cash Card Services. All finance services will be subject to signed Memorandums of Agreement (MOA) between the contract employee and the Finance Office.
3.1.7 Emergency medical support, based on a reimbursable basis.
3.2 Facilities: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. The contractor shall be responsible for maintaining all office spaces and guard posts in a clean and sanitary condition at all times. Additionally, the contractor shall ensure contract employee maintain assigned living quarters in a clean and sanitary condition at all times. The Government will provide:
3.2.1 Billeting for U.S. citizens only in accordance with USAREUR Red Book standards, found at website: www.eur.army.mil/pdf/red_book.pdf.
3.2.2 Access to the installation weapons qualification range and the virtual weapons training simulator facility.
3.2.3 Work space facilities to include:
3.2.3.1 FPOC location equipped with office space for the Program/Contract Manager, Site Manager, and FPOC Supervisor, as well as an Arms Room for weapons storage which conforms to the standards of AR 190-11.
3.2.3.2 Guard Post locations including the following: Access Control Points (ACP), guard towers, and an area to facilitate the guard change over.
3.2.3.3 Administrative/Supply Storage location equipped with adequate space for administrative offices, training, and property storage.
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3.2.4 The FPOC and Administrative/Supply locations shall be equipped with Class C telephone landlines with on- installation telephone service only.
3.2.5 The Contractor shall not remove government office furniture from offices or billets without prior approval from the COR and or the Camp Bondsteel Housing Office. 3.2.6 The contractor shall be provided with all applicable keys to office spaces, guard posts, gates, billets, etc., necessary for security guard to perform their duties.
3.3 Utilities: The Government will provide running water and electrical power in billeting and office space facilities. Guard Posts will be provided with electrical power and portable toilet facilities without running water. Cleaning, Maintenance, and sewage removal of the portable toilets shall be the responsibility of the Government. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.
3.4 Equipment: The Government will provide:
3.4.1 High Mobility Multi-Wheeled Vehicles (HMMWV) shall be provided by the government for contract security operations with in Camp Bondsteel. The Government shall be responsible for appropriate vehicle markings. All Maintenance shall be though the LOGCAP Contractor.
3.4.2 Radio Communications equipment shall be provided by the government. All Radio Equipment shall have secure capabilities. Maintenance, frequency modulation, and encryption will be provide by the Government through the Land Mobile Radio (LMR) Contractor.
3.4.3 Landline Telephones shall be provided to the Program/Contract Manager, Site Manager, FPOC Supervisor, and the Logistics/Property Manager. Telephones shall be in compliance with policy and regulation governing cyber security, information assurance, and Operational Security (OPSEC) requirements. Landline maintenance and management shall be through the Camp Bondsteel Technical Control Facility and the ASG Balkans Technical Control Officer.
3.4.4 Firearms (pistols and rifles) shall be provided by the Government. The Government shall provide the required facilities and containers for all weapons storage. The Government shall be responsible through the LOGCAP Contractor for all organizational maintenance and repair of Government issued weapons.
3.4.5 The Government shall provide all required ammunition to include operational loads for daily operational use, and training loads for initial and annual qualifications. The Government shall provide required facilities and containers for all ammunition storage. All required maintenance and inspection of ammunition shall be conducted by the Government though the Quality Assurance Specialist Ammunition Surveillance (QASAS).
3.4.6 The Government shall provide networked computers and printers for the Program/Contract Manager, Site Manager, FPOC Supervisor, and the Logistics/Property Manager. All networked devices shall be in compliance with policy and regulation governing cyber security, information assurance, and Operational Security. Maintenance and management shall be through the Camp Bondsteel Network Enterprise Center (NEC) Help Desk and the ASG Balkans Information Management Officer.
3.4.7 The Government shall provide the following Personal Protective Equipment (PPE): Interceptor Body Armor (IBA) systems and Kevlar helmets. PPE shall be issued to both armed and unarmed guards. Guards will have the PPE with them at all times in the performance of their duties.
3.4.8 The Government shall provide Biometric Enrollment and Identification System Equipment to be used at all Access Control Points. Maintenance and management of all Biometric Equipment shall be provided by the Government through the USAREUR Identity and Exploitation Office and the ASG Balkans Physical Security Officer.
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3.4.9 The Government shall provide Explosive Trace Detection Equipment (EDE) to be used at all Access Control Points. Maintenance and management of all EDE shall be provided by the Government through the USAREUR Identity and Exploitation Office, ASG Balkans Physical Security Officer, and the Equipment Manufacturer.
3.4.10 The Government shall provide optical equipment: Binoculars and Night Vision Goggles for use in the guard towers along the Camp Bondsteel Perimeter. Maintenance and Management for all issued optical equipment shall be provided by the Government though the LOGCAP Contractor and the ASG Balkans Physical Security Officer.
3.4.11 The Government shall provide X-ray scan equipment to be used at the primary access control point for search of parcels and hand-held containers. Maintenance and management for all X-ray scan equipment shall be conducted by the ASG Balkans Physical Security Officer.
3.4.12 the Government shall provide metal detecting equipment to be used at all access control points when conducting personal searches. Both, hand held device and walk-through devices shall be provided. Maintenance and management for all metal detecting equipment shall be conducted by the ASG Balkan Physical Security Officer.
3.5 Special Tooling and Test Equipment: Reserved.
3.6 Materials: The Government shall provide Standard Operating Procedures, Plans, and Orders, identifying standardized procedures and instruction in each required category. Updated or revised versions of each shall be provided as necessary and or on an annual basis.
3.6.1 The Camp Bondsteel Access Control SOP, identifying the standardized instructions and procedures for installation access control.
3.6.2 The Camp Bondsteel Biometric Enrollment and Operations SOP, identifying the standardized instructions and procedures for biometric enrollment and identification used at the access control points.
3.6.3 The Camp Bondsteel Explosive Trace Detection SOP, identifying the standardized instructions and procedures for explosive trace detection at the access control points.
3.6.4 The Camp Bondsteel Emergency Action Plan, identifying the standardized instructions and procedures for actions to be taken in the event of emergency incidents both natural and man-made.
3.6.5 Guard orders and Post Response Plans, identifying the standardized instructions and procedures for actions to be taken while performing duties at the FPOC, Access Control Points, Guard Towers, and on Perimeter Patrol.
3.6.6 The Camp Bondsteel Arms Room SOP, identifying the standardized instructions and procedures for weapons storage, issuance, and security.
3.6.7 The Camp Bondsteel Key Control SOP, identifying the standardized instructions and procdures to be used for keys and locks protecting Government personnel and property.
3.6.8 A list of Facilities that have been designated as restricted areas “Vital or Important to National Security”, and property not involving National Security that could cause deadly harm to others requiring special security checks.
3.6.9 The Camp Bondsteel Small Arms Range SOP, identifying the standardized instructions and procedures for use of the Small Arms Range facilities.
3.6.10 The Camp Bondsteel Security X-Ray Scanner SOP, identifying the standardized instructions and procedures for Security X-Ray scans at the Access Control Points.
3.7 Training: The Government shall provide the following training: Anti-Terrorism Level 1, Operational Security, iWatch, Information Assurance, USAREUR Driver License and Personal Identifiable Information training pursuant to the applicable paragraphs of Part One and Part Five of this Performance Work Statement.
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3.7.1 The Government shall provide medical lifesaving training that meets the medical training requirement for Range Safety Officers (RSO) on the Camp Bondsteel Installation Small Arms Range.
3.7.2 The Government shall provide Biometric Enrollment and Identity training to provide the assigned guards operational knowledge and use of biometric equipment, software, and database usage.
3.7.3 The Government shall provide Explosive Trace Detection training to provide the assigned guards operational knowledge and use of Explosive Trace Detection Equipment.
3.7.4 The Government shall provide Physical Security training to provide the assigned guards with operational knowledge in applying physical security measures to assigned Government Furnished Property, with specific emphasis on Arms, Ammunition, and Explosives.
3.8 Common Access Cards (CAC): The Government will provide Common Access Cards (CAC) via the Trusted Associate Sponsorship System (TASS) (Web site https://www.dmdc.osd.mil/tass/).
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PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES
4. Contractor Furnished Property and Services
4.1 General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services.
4.2 Reserved
4.3 Materials: The Contractor shall provide office supplies and materials such as, paper, printer cartridges, and all other office supplies and materials needed in the performance of this contract; automated data processing equipment (ADPE) such as computers, copy, printer, and fax machines not connected to the Government network; office furniture; cellular and desktop telephones, etc. The Contractor may request a letter of authorization from the Contracting Officer to utilize Government supply sources such as Government Services Administration (GSA), UNICOR, etc.
4.4 Vehicles and Equipment: The Contractor shall ensure any contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local and Host Nation traffic, safety, and environmental requirements. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.
4.4.1 The contractor shall provide each guard the following:
4.4.1.1 One set of Handcuffs with double locking capability and key.
4.4.1.2 One handcuff carrying case, to be carried on the duty belt.
4.4.1.3 One Pistol Holster for a Beretta M9 pistol issued in the performance of duty to be worn on the duty belt.
4.4.1.4 One nylon duty belt.
4.4.1.5 One flashlight (for guards performing duties during periods of limited visibility and non-daylight hours)
4.4.2 The contractor shall furnish standard security guard uniforms for each guard. The uniform shall not be in conflict with any other uniformed activity such as the Kosovo Police, firemen, Kosovo Security Forces (KSF), Kosovo Armed Forces (KAF), U.S. military, or International Military Police (IMP). All guards shall be in uniform only while in the performance of their duties. Firm sole and heel shoes or boots shall be worn, sport and casual shoes are not authorized. The contractor shall provide uniform clothing and footwear for inclement weather. All uniforms must be identical, including seasonal clothing and shoes. The work “SECURITY” in three (3) inch high letters in a contrasting color, easily visible will be prominently displayed on the back of all contractor uniforms to include outerwear. The contractor shall be solely responsible for the purchase and maintenance of uniform items.
4.4.3 The contractor shall provide hand-held battery operated spotlights with a minimum of two (2) million candle light to be used with vehicle patrols, during searches, and emergency incidents.
4.4.4 The contractor shall provide vehicle search mirrors to be used at the Access Control Points when conducting vehicle searches.
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4.5 Background Checks): The Contractor shall provide Background Checks in accordance with this PWS and as determined by the Government.
4.5.1 Contract personnel requiring a common access card and network access shall undergo a Tier 1 investigation (T1). The T 1 will be processed through the Personnel Security Investigation Center of Excellence in coordination with the supporting security officer. Results of the T1 will be returned to the supporting government security office. These checks will be initiated after arrival on site. Employees may start duties while this check is ongoing, however, will not be granted access to the computer network until an interim adjudication has been made and CAC issued. The T1 should be completed within 120 days; for any check not completed with 120 days, the contractor will request a waiver from the KO. All costs are at the contractor’s expense.
4.5.2 For all U.S. Citizen contract applicant personnel a check of arrest and criminal history records of the state(s) in which an applicant has resided shall be made by the Contractor. The checks will be made through the National Crime Information Center (NCIC). If the hiring organization does not have an NCIC terminal, they may request support through a local police or sheriff department. A specific inquiry into the individual’s suitability under Section 922(g)(9), Title 18, United States Code (The Lautenberg Amendment), which amended 18 USC 921 et seq. (The Gun Control Act of 1968), will be made as part of the pre-employment screening. These checks shall be conducted prior to employee starting guard duties. The Government will verify results of this investigation. All costs are at the contractor’s expense.
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PART 5 SPECIFIC TASKS
5.1 Basic Services: The contractor shall provide services for non-personal armed and unarmed contract security guard services at Camp Bondsteel, Kosovo. Services include access control, perimeter or cordon security, roving security patrols, security checks of sensitive areas, and other security related functions associated with the protection of U.S Government personnel, installation, materials, and property
5.2. Tasks: Installation specific procedures and instructions for guard positions are not covered in this Performance Work Statement for the purpose of Operational Security. For all procedures and instructions not covered, the contractor shall refer to the Government provided materials found in paragraph 3.6 of Part 3 of this PWS. The Government shall reserve the right to amend, revise, or change any provided materials listed in Part 3. All amendments, revisions, and or changes to SOPs, Plans, and Guard Orders shall be provided by the Government to the Contractor with sufficient time to implement operational change prior to changes becoming effective.
5.2.1 Contract Security Guard Services specified in this Performance Work Statement shall be on a twenty-four (24) hour, seven (7) days a week requirement.
5.2.2 Guard Staffing/Manning:
5.2.2.1 The Contractor shall provide for the minimum guard staffing for services, 254,040 annual hours for armed positions and 29,200 annual hours for unarmed positions. These hours may increase or decrease by 10%, with no adjustment to the contract price.
5.2.2.2 The break down for total annual hours is for the following Guard Categories: FPOC Supervisors, Supervisors, Armed Guards, and Unarmed Guards.
5.2.2.3 Guard Positions include; Access Control, Roving Patrol, Observation Posts, and operational support personnel.
5.2.2.4 The contractor shall provide sufficient number of personnel to perform all contract security guard services specified in this Performance Work Statement. The contractor shall provide a Census Report to the Contracting Officer via the COR on the first day of every month of performance (Deliverable # A.034). The Report should contain the total number of personnel assigned to the contract as FPOC Supervisors, Supervisors, Armed Guards, and Unarmed Guard as of the first day of the month of performance. Additionally, the report should include a by name roster of all contract personnel to include: Last Name, First Name, and Guard Category.
5.2.2.5 Guard Positions shall be manned in three (3) eight (8) hour shifts by the following guard categories: one (1) FPOC Supervisor, two (2) Roving Supervisors, one (1) ACP Vehicle Gate Supervisor, one (1) ACP Pedestrian Gate Supervisor, nine (9) ACP Vehicle Gate Armed Guards, five (5) ACP Pedestrian Gate Armed Guards, seven (7) Observation Post Armed Guards, five (5) Roving Patrol Armed Guards, and five (5) ACP Vehicle Gate Unarmed Guards. The contractor may request the implementation of twelve (12) hour shifts on a limited basis to the Contracting Officer via the COR. All requests should be submitted not less than seventy-two (72) hours prior to planned implementation (Deliverable # A.035).
5.2.2.6 Based on unforeseen operational requirements, the U.S. Government may require a shifting of security post and or personnel to meet immediate and short term security needs. Likewise, during increased threat conditions, security guards may be required to implement additional security control measures.
5.2.2.7 The contractor shall have the capability to adjust work schedules and personnel for increased manning due to increased security operations and control measures. The contractor shall have the capability to increase the armed
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5.2.3 Standards of Appearance: The contractor shall ensure all contract personnel performing security duties maintain a high level of professional appearance. Uniform clothing shall be clean and wrinkle free, and shall bear the required company insignia. Unauthorized insignia or accoutrements shall not be worn with or on the uniform. All duty equipment should be clean and serviceable. Hair length shall not interfere with the wearing of required headgear. Mustaches and beards shall be neatly trimmed. Any wearing of sunglasses, jewelry, and or cosmetics shall not detract from a professional appearance.
5.2.4 Standards of Conduct: Conduct which threatens, in any way, the security, health, and welfare of U.S. Forces, Allied Forces, and or Host Nation Employee personnel, or does not adhere to the highest standards of good order, discipline, and readiness will not be tolerated. All personnel employed under this contract shall comply with the restrictions set forth by the General Officer of Force Protection for Kosovo region.
5.2.5 Medical/Physical Requirements: All contract personnel shall be physically and mentally able to perform their assigned duties.
5.2.5.1 Contract personnel shall possess binocular vision correctable to 20/30, shall be free of color blindness, and shall be capable of hearing normal conversation at five meters with or without the use of a hearing aid device.
5.2.5.2 Contract personnel shall submit annually to a medical/physical examination administered by a medical doctor certified by one of the fifty (50) states of the United States of America or its territories, or an international certified doctor of a NATO member country.
5.2.5.3 The contractor shall maintain medical certificates for each contract employee, certifying their medical/physical well-being. The certificate shall be signed by a licensed medical doctor meeting the requirements of paragraph 5.2.5.2., and renewed on an annual basis. The contractor shall provide, upon request, medical certificates with in one (1) day to the Contracting Officer or COR (Deliverable # A. 036).
5.2.5.4 For U.S. citizens, HIPAA Privacy Rule shall be maintained and observed by the contractor.
5.2.5.5 Contract personnel performing security duties shall possess and maintain the necessary physical dexterity and stamina to accomplish assigned duties. They should possess the necessary dexterity and stamina for walking under local types of weather and terrain, pursuit of intruders over rough and hazardous terrain, around structures or low obstacles, and the immediate action in emergency situations such as: fire, theft, accidents, sabotage, explosions, natural disaster, and acts of terrorism.
5.2.6 Prohibited Activities: The contractor shall adhere to USEUCOM General Order #1, applicable to U.S. personnel within Kosovo, in support of Operations Joint Guardian or related operations. USEUCOM General Order #1 is subject periodic amendment, change, or revision, when any such amendment, change, or revision is received the Government shall provide the updated version to the contractor. The following are Prohibited Activities specified in USEUCOM General Order #1:
5.2.6.1 Purchase, possession, use, manufacture, distribution or introduction into Kosovo of privately-owned firearms, ammunition, explosives, or ordnance. Other ordnance shall not be possessed or used without legal authority. Ordnance is defined as any destructive or explosive material and includes, but is not limited to bombs, rockets, missiles, ammunition of any caliber, grenades, mines, booby traps, and flares.
5.2.6.2 Introduction, possession, use, sale, transfer, manufacture, or consumption of alcohol and alcoholic beverages is prohibited (consumption of alcoholic beverages as part of an organized religious observance is accepted). However, the Senior U.S. Commander in Kosovo is authorized to approve one event per month during which DoD personnel may consume no more than two alcoholic beverages in a controlled environment. An alcoholic beverage shall be considered one that contains 14 grams of pure alcohol (which can generally be found in 16 ounces (500ml) of beer, 8 ounces (250ml) of wine, or a beverage containing 1.5 ounces (45ml) of liquor or hard alcohol). The Senior
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U.S. Commander will issue guidance for each event and at a minimum will include the following: personnel may not operate a motor vehicle, start their duties, or carry weapons or arms within eight hours of alcohol consumption.
5.2.6.3 Use of the following substances for the purpose of inducing excitement, intoxication, or stupefaction of the central nervous system: 1) controlled substance analogues (any substance designed to mimic the effects of a controlled substance on the human body without an approved medical use in the United States); 2) chemicals, propellants, or inhalants (“huffing”); 3) dietary supplements that are banned by the U.S. Food and Drug Administration; or 4) prescription or over-the-counter drugs and medications when a)obtained from an unauthorized source or b) used in a manner contrary to their intended medical purpose or in excess of the prescribed dosage (prescription drugs must be accompanied by the original label of the prescribing medical facility or authority).
5.2.6.4 Purchase, possession, use, manufacture, display, distribution, or introduction into Kosovo of pornographic or sexually explicit material. For the purposes of this General Order, “sexually explicit material” means an audio recording, a film or video recording, a periodical with visual depictions, or other graphic image produced in any medium in which the dominate theme of which depicts or describes nudity, including sexual or excretory activities or organs, in a lascivious way.
5.2.6.5 Photographing or filming detainees or human casualties, as well as the possession, distribution, transfer, or posting, whether electronically or physically, of visual images depicting detainees or human casualties, except as required for official duties. “Human casualties” are defined as dead, wounded, or injured human beings to include: disconnected body parts, organs, and biological matter, regardless of cause. Subject to copyright restrictions, this prohibition does not apply to the possession or distribution of such visual images acquired from open-source media. With express consent, photographing or possession of images of wounded personnel while within medical facilities during periods of recovery is not prohibited.
5.2.6.6 Gambling of any kind, including sport pools, lotteries, and raffles.
5.2.6.7 Removal, possession, sale, defacement or destruction of archeological artifacts or national treasures
5.2.6.8 Sale, barter, or exchange of currency other than at the official host nation rate.
5.2.6.9 Adoption, care or feeding of pets or mascots of any domestic or wild animal.
5.2.6.10 Proselytizing of any religion, faith, or practice to any non-DoD personnel.
5.2.6.11 Pandering, prostitution, or patronizing a prostitute.
5.2.6.12 Entrance into a church, mosque, or other religious shrine located outside a U.S. or NATO military installation, unless previously approved by or directed by military authorities, compelled by military necessity or at the invitation of religious authorities.
5.2.6.13 Participation in any form of political activity of any nation, except the United States, unless directed by lawful authority or required for mission accomplishment.
5.2.6.14 Taking or possession of public or private property as a trophy or souvenir. Commercially purchased souvenirs, other than items otherwise covered by this General Order or items prohibited by U.S. or Kosovar customs regulations, are authorized.
5.2.7 Removal of Contract Employees: The Government shall reserve the right to require removal of any contract employee for any of the below listed items. Should a contract employee require removal by the Government the COR will notify the Program/Contract Manager and the Site Manager of the contract employee’s bar to installation access.
5.2.7.1 Identification as a threat or potential threat to the health, safety, security, or general well-being of the operational population and or mission.
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5.2.7.2 Deliberate falsification, misrepresentation or omission of significant facts or information on the application for employment, personal history statement, operational reports and statements, or any employment related documents produced or signed by the individual.
5.2.7.3 Criminal, infamous, dishonest, immoral, or disgraceful conduct and any violation of USEURCOM General Order #1.
5.2.7.4 Mental illness of a nature, in the opinion of a competent medical authority meeting the requirements of paragraph 5.2.5.3, causes a deficiency in the employee’s judgement or reliability.
5.2.7.5 Substandard performance of duty which results in violation of security and safety requirements, to include all Guard Orders, Security Plans, and local command policies issued by the Government.
5.2.7.6 Displaying a lack of respect or cooperation with Government Personnel while in an official duty capacity.
5.2.7.7 Refusal to submit to random and ongoing drug testing and or applicable alcohol screening.
5.2.8 Drug/Alcohol Screening and Testing: As a condition of employment under this contract all employees shall be required to undergo initial and random periodic testing and screening for drug/alcohol.
5.2.8.1 The Contractor shall be responsible for drug testing procedures and all costs associated with testing. Applicable alcohol screening
5.2.8.2 During the Post Award Conference, the offeror shall submit procedures for conducting required pre- employment drug testing, to include identification of a licensed/certified (non-government) drug testing verification facility with compliant testing results, delivery confirmation, and method of delivery.
5.2.8.3 All Contract personnel shall, prior to initially reporting for duty, agree to submit to random and ongoing drug testing, as well as any applicable alcohol screening for the duration of their employment under this contract. The Government reserves the right to implement a bar to installation access to any contract employee for refusal to submit to random and ongoing drug testing and applicable alcohol screening.
5.2.8.4 Pre-employment testing, urine test sample results shall be required within thirty (30) days of the contract award and for the duration of the contract, all new employees shall provide urine test samples for pre-employment initial drug screening. The contractor shall maintain all records for pre-employment drug screens, and shall be made available to the Contracting Officer and COR upon request (Deliverable # A.037).
5.2.8.5 During each period of the contract the contractor shall conduct random drug testing, ten percent (10%) monthly, with one hundred twenty percent (120%) annually. All drug testing shall be at the contractor’s expense. At a minimum, testing will determine if cannabis and cocaine are present in the employee’s system. The test may include a third drug of choice i.e., amphetamines, barbiturates, LSD, opiates, or other illicit chemicals.
5.2.8.6 Personnel selected for testing shall be given not more than four (4) hours’ notice before urine samples are given. Unannounced periodic testing shall be conducted at irregular intervals and of such frequency as to ensure all security guards are tested at least once annually.
5.2.8.7 When on-site instant drug testing methods are used for monthly and or directed screening, a positive result shall be immediately followed up by an evidentiary sample taken by an independent laboratory. This re-test will occur within four (4) hours and shall be used to determine the concentrations of substances in the sample. This information is required to ensure accuracy of the testing process and provide detail for medical personnel to evaluate against declared or undeclared prescription medication or illicit drugs.
5.2.8.8 When there is reasonable suspicion (evidence that meets legal sufficiency or probable cause) that a contractor employee uses or is suspected of being under the influence of drugs or alcohol, that employee shall
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5.2.8.9 When there is a mishap or safety/security violation, the Contracting Officer or COR may determine that drug testing and or alcohol screening is required based on the circumstance. If testing is required, employees involved in the incident shall provide a urine sample or submit to alcohol screening without delay as directed by the COR. The Contracting Officer must determine and notify the contractor if the employee(s) can continue to work or must be suspended from duties until test and screening results are verified.
5.2.8.10 Alcohol screening shall be conducted by the Government by one of three methods: Field Sobriety Tests (FSTs), conducted by a qualified member of the Military Police; Breath Blood Alcohol Content (BAC) test, administered with the use of a certified breath analysis device operated by a qualified member of the Military Police; or by Blood Alcohol Content test, administered by a qualified member of Task Force Medical. Any positive result on any of the three methods used shall be seen as a violation of USEUCOM General Order #1.
5.2.8.11 The contractor shall report any positive result from either drug testing or alcohol screening to the Contracting Officer and the COR with in one (1) hour of the positive result (Deliverable # A.038). Contract personnel that test positive for illegal drug use, have a BAC of .01 or greater, or fails to pass the FST shall be removed immediately from performing duties until test and screening has been verified.
5.2.8.12 Medically prescribed drugs authorized by a physician and confirmed by appropriate evidence shall be excluded from such determination. Prescribed medication shall be prescribed by a qualified medical doctor meeting the requirements of paragraph 5.2.2.1 of this performance work statement.
5.2.8.13 If a contract employee test positive for drug use and can provide mitigating circumstance, the Program/Contract Manager may request a second test or test re-evaluation to the COR. If approved the individual may be re-assigned to non-security related duties pending completion of the evaluation. Should the second evaluation show a positive result, the individual shall be removed from the contract. All costs associated with the evaluation, to include time away from work, shall be at the expense of the contractor.
5.2.9 Training Requirements: The contractor shall develop and implement a training plan to ensure proficiency is maintained in all required training areas stipulated in this performance work statement. The training plan shall be provided to the Government at the Post Award Conference (Deliverable # A.039). The training plan shall outline all tasks, conditions, and standards of performance for proficiency.
5.2.9.1 The contractor shall develop written training schedules that follow the overall contractor-developed training plan. The written schedules shall be in English and must reflect the location, date, and time of all training classes. The contractor shall provide the Contracting Officer via the COR copies of the training schedules monthly on the first day of each month (Deliverable # A.040).
5.2.9.2 The contractor shall be responsible to maintain training records for all contract personnel. Training Records should include initial and annual refresher training certification for each person. Copies of all training records shall be provided to the Contracting Officer and COR upon request (Deliverable # A.041).
5.2.9.3 The contractor shall participate in all force protection exercises and drill required by the Government as they pertain to the security of personnel, safety, property, and facilities. These may be no-notice exercises and drills. During these force protection events, the contractor shall ensure that safety measures are taken to prevent injury to their personnel.
5.2.9.4 The contractor shall conduct annual training for all armed and unarmed guards on Cardiopulmonary Resuscitation (CPR) and first aid. The contractor shall maintain proof of training on file, copies to be provided to the Contracting Officer and COR upon request.
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5.2.9.5 The contractor shall conduct annual training for all armed and unarmed guards on detaining persons, escorting persons in a Controlled Area, Active Shooter Response, Communications, vehicle search, open-hand subject control techniques, handcuffing, Surveillance/SALUTE reporting, use of duress code, response to explosive device, reaction to sniper fire, and weapons retention. The contractor shall maintain proof of training on file, copies to be provided to the Contracting Officer and COR upon request.
5.2.10 Firearms Qualification: All contract personnel assigned to this contract who are designated and authorized to carry a weapon shall receive a minimum of 16 hours of firearm instruction annually, and shall be required to qualify annually and conducted weapons familiarization semi-annually on each weapon type assigned.
5.2.10.1 The contractor shall provide the following break down for firearms instruction: two (2) hours policy/regulation requirements, one (1) hour use of force/Safety/Nomenclature, one (1) hour liability, four (4) hours judgement shooting “shoot or don’t shoot”/guard safety and survival, and eight (8) hours firearms familiarization and qualification. 5.2.10.2 To meet familiarization requirements the contractor shall use the Engagement Skills Trainer (EST) operated by 7th Army Training Command (7ATC) at Camp Bondsteel.
5.2.10.3 Weapons qualifications for rifles shall be conducted in accordance with the standards set forth in FM 3-22.9 Rifle Marksmanship M16A1, M16A2-3, and M4 Carbine.
5.2.10.4 Weapons qualifications for pistols shall be conducted in accordance with the standards set forth in FM 23- 35 Combat Training with Pistols, M9 and M11.
5.2.10.5 No contract personnel shall be authorized to carry, as a duty weapon, any weapon for which they are not qualified on. The contractor shall maintain on file all weapons qualification records to be provided to the Contracting Officer or COR upon request.
5.2.10.6 The contractor shall provide at each firearms range event at a minimum one (1) Range Officer (RO) and one (1) Range Safety Officer (RSO). Both shall have complete the MNBG-E Range Control and Safety Course and received an appointment memorandum signed by the MNBG-E Commander designating them as a RO or RSO. The contractor shall provide the RO/RSO Appointment Memorandum within ten (10) days of completion to the Contracting Officer via the COR (Deliverable # A.042).
5.2.11 Rules of Engagement: The United Nations Security Council Resolution 1244 and NATO rules of engagement allow contract security guards to use force to protect personnel and property designated as vital to U.S. and NATO forces assigned to Kosovo peace keeping duties or interest. Contract security guard personnel shall only use the minimum amount of force necessary to discharge their duties.
5.2.11.1 The rules of engagement are subject to change, amendment, or revision; the Government shall provide any subsequent changes, amendments, or revisions to the contractor.
5.2.11.2 The contractor shall be responsible to ensure all contract security personnel performing security duties are briefed and knowledgeable of the up-to-date policies regarding rules of engagement as provided by the Government.
5.2.11.3 The contractor shall be responsible and liable for all actions taken by contract personnel when exerting the use of force.
5.2.11.4 Contract personnel performing security duties shall only use the minimum amount of force necessary to discharge their duties. A gradual escalation of force should be use unless circumstances do not allow, and then only the lowest level of force should be used in the discharge of security duties.
5.2.11.5 The Contractor shall use the KFOR Rules of Engagement as provided by the Government at the time of contract award and continue use unless provide a change, amendment, or revision from the Government.
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5.2.12 Armed Supervisor Duties and Responsibilities: The Contract Security Guard Force Supervisors (FPOC/Post) shall have operational control of the guard force in his or her area of responsibility and are responsible for the implementation of security measures directed by the Government.
5.2.12.1 Shall ensure required posts and patrols are adequately manned at the start of each tour of duty, ensure that guard personnel are properly equipped and fit for duty and have adequate knowledge of their duties and responsibilities. The Guard Supervisor shall maintain a record of guard personnel using a suitable form designed by the contractor, to be provided to the Contracting Officer and COR upon request (Deliverable # A.043).
5.2.12.2 Shall ensure guard personnel respond immediately to any and all incident and emergencies and that such incidents and emergencies are properly reported in accordance with local U.S. Government emergency procedure.
5.2.12.3 Shall act a primary contact for emergency services, i.e., Military Police, Host National Police, Fire Department, and Emergency Medical Personnel in accordance with U.S. Government emergency procedure.
5.2.12.4 Shall direct changes in guard posts and mission when required to meet unforeseen operational requirements and or threats.
5.2.12.5 Shall ensure all force protection incidents and unusual occurrences are reported on an Incident Report Form designed by the contractor.
5.2.12.6 Shall ensure Random Anti-terrorism Measures (RAM) as provided by the Government are utilized and enforced by the guard force.
5.2.12.7 Shall maintain a duty log of all significant events which occur during the guard shift. These events include communications checks, inspections, key inventories, lock checks, and supervisor and or COR inspection/visits, etc.
5.2.12.8 Shall immediately notify the Military Police and COR of all serious incidents and unusual occurrences.
5.2.12.9 The FPOC Supervisor shall provide a copy of the previous twenty-four (24) hours’ Incidents Reports, Security inspections, security and communication checks, and patrol vehicle status to the COR by 08:00 daily (Deliverable A. 044).
5.2.13 Access Control: The contractor shall be responsible for operational control and security of the installation Access Control Points (ACP). In accordance with the Camp Bondsteel Access Control SOP, the contractor shall stop all persons and vehicles attempting to gain access to Camp Bondsteel. In addition, the contractor shall, as prescribed, by local policies conduct exit searches of persons and vehicle exiting Camp Bondsteel.
5.2.13.1 The contractor shall be responsible for conducting positive identification checks at all Access Control Points in accordance with the Camp Bondsteel Access Control SOP. The contractor shall ensure no person, other than those authorized, gain access to the installation.
5.2.13.2 The contractor shall verify all personnel attempting to enter Camp Bondsteel have an approved identification card or are listed on an approved access roster.
5.2.13.3 The contractor shall deny access to any person who fail to properly identify themselves and cannot be recognized by other means.
5.2.13.4 The contractor shall notify the Military Police and the COR in the event of any incident or unusual occurrence.
5.2.13.5 The contractor shall log all authorized visitors not in possession of a permanent approved identification card for installation access, and issue temporary access identification cards as applicable. The log shall be provided to the Contracting Officer and COR upon request (Deliverable # A.045).
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5.2.13.6 The contractor shall conduct personal searches of persons and personal possessions in accordance with the Camp Bondsteel Access SOP or applicable policies and security measures. The contractor shall utilize X-ray and metal detection equipment when conducting personal searches. Searches may be conducted on a one hundred percent (100%) or on a random basis, as directed by applicable security measures.
5.2.13.7 The contractor shall be responsible for verifying personnel listed on Local National Access Request (LNAR) and applicable access rosters provided by the Government.
5.2.13.8 The contractor shall be responsible for enrollment and verification of all Non-KFOR and foreign national personnel using the applicable government provided biometrics equipment in accordance with the Camp Bondsteel Biometric Enrollment and Operations SOP.
5.2.13.9 The contractor shall stop, check, and verify the dispatch document, cargo manifest, and seals of all military and commercial vehicles.
5.2.13.10 The contractor shall conduct a systematic interior, exterior, and under carriage search of all vehicles entering the installation on a one hundred percent (100%) or on a random basis, as directed by applicable security measures. 5.2.13.11 The contractor shall utilize the government provided explosive trace detection equipment in conjunction with vehicle search on a one hundred percent (100%) or random basis, as directed by applicable security measures. The contractor shall log each vehicle screened with the explosive detection device, and the log shall be provided to the Contracting Officer and COR upon request (Deliverable # A.046).
5.2.13.12 The contractor shall conduct as directed by local policy and FPCONs an exit search of all personnel and vehicles exiting the installation on a one hundred percent (100%) or random basis.
5.2.13.13 Upon finding, locating, or identifying any unauthorized item(s) as a product of conducting any search, either physical or visual, the contractor shall immediately detain the person(s) and or vehicle(s) and notify the military police and the COR.
5.2.14 Security Patrol and Security Checks: The contractor shall provide for continuous and overlapping vehicle security patrols of the installation perimeter. Additionally the contractor shall as directed by local policy and applicable security measures conduct security checks of installation restricted areas and or critical assets.
5.2.14.1 The contractor shall ensure all contract personnel assigned to vehicle security patrol duties are in possession of a valid U.S. state issued motor vehicle license and a USAREUR driver license.
5.2.14.2 The contractor shall provide twenty (20) hours of drivers training on the operation of military HMMWV. USAREUR Driver license training can be accomplished at the following website: https://jkodirect.jten.mil. Upon completion of the USAREUR Driver License training a certificate of completion will be delivered to the ASG Balkans Directorate of Logistics and a printed USAREUR Driver License will be issued. The contractor shall maintain a record of the following for each contract personnel performing driving duties on the installation: verified twenty (20) hours of driver’s training, verified valid state issued Driver License and a valid issued USAREUR Driver License. All records will be provided to the Contracting Officer and COR upon request.
5.2.14.3 The contractor shall ensure all vehicles are operated at a minimum by one (1) driver and one (1) assistant driver, both of which meet the requirements of paragraphs 5.2.14.1 and 5.2.14.2.
5.2.14.4 The contractor shall ensure no driver operates a vehicle for more than two (2) continuous hours while performing security duties. The driver and assistant drivers shall exchange driving duties at a minimum of every two (2) hours.
5.2.14.5 The contractor shall ensure that all vehicle remain in a good state of cleanliness, repair, and operational readiness.
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5.2.14.6 The contractor shall ensure vehicle operators use all designated and applicable safety, physical security, and environmental equipment and devices as specified by regulation and local policy.
5.2.14.7 While conducting security vehicle patrols and or security checks in assigned areas the contractors shall ensure the following are checked routinely: locking devices on all gates and building doors and windows, holes or cuts in perimeter barriers, and inoperative lighting.
5.2.14.8 The contractor shall stop and detain all personnel or vehicles attempting unauthorized entry into the installation.
5.2.14.9 The contractor shall notify the military police and COR of any incidents or unusual occurrence.
5.2.15 Observation, Surveillance, and Monitoring Posts: The contractor shall provided contract security personnel to man fixed observation, surveillance, and monitoring post in government provide observation towers along the installation’s perimeter.
5.2.15.1 Contract Security Personnel performing observation, surveillance and monitoring duties shall observe all activities within line of sight, both inside and outside the fence line of the perimeter.
5.2.15.2 The contractor shall identify persons observing or approaching the fence line, as well as persons throwing or handing items through the fence line.
5.2.15.3 The contractor shall identify any and all hazards to the perimeter to include but not limited to: fire, theft, suspicious activities, and natural occurrences.
5.2.15.4 The contractor shall report and notify the military police and COR of any incident or unusual occurrences.
5.2.16 Accountability Government Furnished Equipment: The contractor shall report all incidents of loss and damage involving Government Furnished Equipment within four (4) hours to the Contracting Officer via the COR (Deliverable # A.047). The contractor shall receive maintenance and repair as specified in Part Three of this Performance Work Statement.
5.2.16.1 The contractor shall be responsible for the accountability, loss, damage, security, and handling of all government furnished property in accordance with all applicable U.S. Army Regulations.
5.2.17 Contractor Manpower Reporting
5.2.3.1 Enterprise-Wide Contractor Manpower Reporting Application (eCMRA): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Area Support Team Balkans via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at: mailto:dod.ecmra-army- [email protected] or mailto:[email protected]. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the eCMRA requirement.
STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates noted in corresponding paragraph above. AQL: 100% Compliant (Deliverable # A.048)
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PART 6 APPLICABLE PUBLICATIONS
6. Applicable Publications (Current Editions): The following publications, manuals, regulations, etc. are mentioned in this PWS and are listed below.
6.1.1 Department Of Defense Contract Security Classification Specification (DD Form 254) 6.1.2 Department of Defense Security Agreement (DD Form 441) 6.1.3 National Industrial Security Program Operating Manual (DoD 5220.22-M) 6.1.4 Installation Access Control (AE Reg 190-16) 6.1.5 The Army Physical Security Program (AR 190-13) 6.1.6 Contractor Identification (AE Reg 27-715) 6.1.7 U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) 6.1.8 Information Assurance Workforce Improvement Program (DoD 8570-M) 6.1.9 Information Assurance Training Certification and Workforce Management Directive (DoDD 8570.01) 6.1.10 Information Assurance (AR 25-2) 6.1.11 Electromagnetic Compatibility Directive (2004/108/EC) 6.1.12 Policies and Procedures for Property Accountability (AR 735-5) 6.1.13 KFOR Identify Cards and Access Control Documents (KFOR SOP 1047) 6.1.14 Security of Unclassified Army Property (Sensitive and Non-sensitive)(AR 190-51) 6.1.15 Physical Security of Arms, Ammunition, and Explosives (AR 190-11) 6.1.16 USAREUR Red Book 6.1.17 HIPAA Privacy Rule 6.1.18 USEUCOM General Order Number One for Kosovo 6.1.19 FM 3-22.9 Rifle Marksmanship M16A1, M16A2-3, and M4 Carbine 6.1.20 FM 23-35 Combat Training with Pistols, M9 and M11 6.1.21 United Nations Security Council Resolution 1244
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PART 7 ATTACHMENT AND TECHNICAL EXHIBIT LISTING
7. Attachment and Technical Exhibit List
7.1 Technical Exhibit A – Performance Requirements Summary
7.2 Technical Exhibit B – Deliverables Schedule
7.3 Attachment 1 – Estimated Workload Data
7.4 Attachment 2 – Historical Workload Data
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TECHNICAL EXHIBIT A Performance Requirements Summary (PRS)
PERFORMANCE STANDARD PERFORMANCE METHOD OF OBJECTIVE THRESHOLD SURVEILLANCE ACCEPTABLE QUALITY LEVELS (AQLs) 1) PWS Part 1 General Inspection Checklist and >100% Percent Total 100% Inspection Using COR Information Surveillance Summary Overall PRS Inspection Inspection Checklist and Contractor shall comply with Report Pass / Fail criteria Checklist Compliant Surveillance Summary Report PWS provisions relating to Document Number: Rate Management and Administration 2) PWS Part 1 General Surveillance Process Audits 0 Safety or Periodic Inspection Information Environmental Contractor shall comply with Discrepancies < 1 PWS provisions relating to Technical Discrepancies Management and Administration processes 3) PWS Part 3 Government Inspection Checklist and >95 Percent Total Overall 100% Inspection Using COR Property and Services Surveillance Summary PRS Inspection Checklist Inspection Checklist and Contractor shall comply with Report Pass / Fail criteria Compliant Rate Surveillance Summary Report PWS provisions relating to Document Number: Government Furnished Item and Services 4) PWS Part 3 Government Surveillance Process Audits 0 Safety or Periodic Inspection Property and Services Environmental Contractor shall comply with Discrepancies < 1 PWS provisions relating to Technical Discrepancies Government Furnished Items and Services processes 5) PWS Part 4 Contractor Inspection Checklist and >95 Percent Total Overall 100% Inspection Using COR Furnished Items and Surveillance Summary PRS Inspection Checklist Inspection Checklist and Services Contractor shall Report Pass / Fail criteria Compliant Rate Surveillance Summary Report comply with PWS provisions Document Number: relating to Contractor Furnished Items and Services 6) PWS Part 4 Contractor Surveillance Process Audits 0 Safety or Periodic Inspection Furnished Items and Environmental Services Contractor shall Discrepancies < 1 comply with PWS provisions Technical Discrepancies relating to Contractor Furnished Items and Services processes 7) PWS Part 5 Specific Inspection Checklist and >95 Percent Total Overall 100% Inspection Using COR Tasks Surveillance Summary PRS Inspection Checklist Inspection Checklist and Contractor shall comply with Report Pass / Fail criteria Compliant Rate Surveillance Summary Report PWS provisions relating to Document Number: Specific Tasks.
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TECHNICAL EXHIBIT B DELIVERABLES SCHEDULE
Deliverable Frequency # of Copies Medium/Format Submit To A.001 Quality within ten (10) days after date of One each to the Electronic delivery To the Control Plan (QCP): contract award Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.002 An Analysis within thirty 30 days upon One each to the Electronic delivery To the of Quality Control completion of each option Contracting via email using Contracting and Timeliness of period or Task Order Officer’s Microsoft Office Officer’s Submittals Representative Word or Power Point Representative (COR) 2016 (COR)
A.003 issues or within twenty-four (24) clock One each to the Electronic delivery To the potential issues that hours of identifying those Contracting via email using Contracting might affect the issues. Verbal reports shall be Officer’s Microsoft Office Officer’s performance followed up by written reports Representative Word or Power Point Representative within two (2) days (COR) 2016 (COR)
A.004 Contractor within ten (10) days after date of One each to the Electronic delivery To the Work Plan contract award Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.005 Installation within three (3) days after One each to the Electronic delivery To the Pass Log contract award Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.006 Updated within five (5) days after any One each to the Electronic delivery To the Installation Pass Log changes to the log Contracting via email using Contracting Officer’s Microsoft Office Officer’s Representative Word or Power Point Representative (COR) 2016 (COR)
A.007 within two (2) days of Issuing Office or N/A Issuing Office or Expired/Terminated expiration or termination Contracting Contracting installation access Officer’s Officer’s passes Representative Representative (COR) (COR) A.008 termination or within two (2) days of contract Issuing Office or N/A Issuing Office or cancellation of this termination or cancellation Contracting Contracting
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Deliverable Frequency # of Copies Medium/Format Submit To contract Installation Officer’s Officer’s Access Passes Representative Representative (COR) (COR) A.009 Initial CAC within thirty (30) calendar days One each to the Electronic delivery To the Log after award Contracting via email using Contracting Officer’s Microsoft Office Officer’s Representative Word or Power Point Representative (COR) 2016 (COR)
A.010 Updated CAC Within five (5) days of any One each to the Electronic delivery To the Log changes Contracting via email using Contracting Officer’s Microsoft Office Officer’s Representative Word or Power Point Representative (COR) 2016 (COR)
A.011 Favorable within five (5) day of receipt by One each to the Electronic delivery To the Background Checks the Contractor Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.012 Unfavorable within one (1) day of receipt by One each to the Electronic delivery To the Background Checks the Contractor Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.013 Raport e no later than five (5) days after One each to the Electronic delivery To the Policisё sё Kosovёs contract award Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.014 Security Plan within ten (10) days after date of One each to the Electronic delivery To the contract award Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.015 Key no later than five (5) days after One each to the Electronic delivery The Contracting Personnel contract award Contracting Officer via email using Officer’s Microsoft Office Representative Word or Power Point (COR) 2016
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Deliverable Frequency # of Copies Medium/Format Submit To A.016 Employee Upon Request One each to the Electronic delivery The Contracting Experience/Qualific Contracting Officer via email using Officer and the ation Verification Microsoft Office Contracting Word or Power Point Officer’s 2016 Representative (COR)
A.017 Proposed (10) days after contract award One each to the Electronic delivery To the Contractor Contracting Officer via email using Contracting Workspace sign Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.018 Contractor prior to the contract One each to the Electronic delivery To the Identification Badge performance date and updated as Contracting Officer via email using Contracting List needed to reflect Contractor Microsoft Office Officer through personnel changes Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.019 Non- no later than five (5) days prior One each to the Electronic delivery To the Disclosure to commencement of work Contracting Officer via email using Contracting Statements under the contract Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.020 OIC Plan immediately whenever it One each to the Electronic delivery To the becomes aware that such access Contracting Officer via email using Contracting or participation may result in Microsoft Office Officer through any actual or potential OCI Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.021 Accident within ten (10) days prior to the One each to the Electronic delivery To the Prevention Plan commencement of work Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.022 Safety within ten (10) days after One each to the Electronic delivery To the Notification notification has been made Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s
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Deliverable Frequency # of Copies Medium/Format Submit To Representative (COR)
A.023 ATLV1 within thirty (30) days after One each to the Electronic delivery To the (Initial Training) contract start date Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.024 ATLV1 New within five (5) days after One each to the Electronic delivery To the Employee Training completion Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.025 ATLV1 annually every twelve (12) One each to the Electronic delivery To the Refresher Training months within five (5) days after Contracting Officer via email using Contracting completion Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.026 OPSEC Initial within thirty (30) days of the One each to the Electronic delivery To the and New Employee contract start date; within five Contracting Officer via email using Contracting Training (5) days of employee start Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.027 OPSEC annually every twelve (12) One each to the Electronic delivery To the Refresher Training months within five (5) days after Contracting Officer via email using Contracting completion Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.028 iWatch within thirty-five (35) days of One each to the Electronic delivery To the Training the contract start; within five (5) Contracting Officer via email using Contracting days of employee start Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
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Deliverable Frequency # of Copies Medium/Format Submit To A.029 Information within ten (10) days of the One each to the Electronic delivery To the Assurance Initial contract start date Contracting Officer via email using Contracting Training Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.030 ATCTS within two (2) days of One each to the Electronic delivery To the Registration registration Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.031 Information annually every twelve (12) One each to the Electronic delivery To the Assurance Training months within two (2) days after Contracting Officer via email using Contracting Refresher completion Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.032 Personal within thirty (30) days of the One each to the Electronic delivery To the Identifiable contract start; within five (5) Contracting Officer via email using Contracting Information Training days of employee start Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.033 Property Submitted with Proposal Electronic delivery To the Management Plan via email Contracting Officer
A.034 Census first day of every month of One each to the Electronic delivery To the Report performance Contracting via email using Contracting Officer’s Microsoft Office Officer through Representative Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.035 Request for Within seventy-two (72) hours One each to the Electronic delivery To the Additional Manning of expected increase Contracting Officer via email using Contracting Hours Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
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Deliverable Frequency # of Copies Medium/Format Submit To A.036 Medical Within one (1) day of request One each to the Electronic delivery To the Records Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.037 Pre- upon request One each to the Electronic delivery To the Employment Drug Contracting Officer via email using Contracting Screens Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.038 Notification Within one (1) hour of positive One each to the Electronic delivery To the of Positive Result of result Contracting Officer via email using Contracting Drug Test Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.039 Training Plan Post Award Confernece One each to the Electronic delivery To the Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.040 Monthly first day of every month of One each to the Electronic delivery To the Training Schedule performance Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.041 Training upon request One each to the Electronic delivery To the Records Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.042 RO/RSO within ten (10) days of One each to the Electronic delivery To the Appointment completion Contracting Officer via email using Contracting Memorandum Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s
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Deliverable Frequency # of Copies Medium/Format Submit To Representative (COR)
A.043 Post Schedule upon request One each to the Electronic delivery To the Record Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.044 Daily Reports by 08:00 on first day of every One each to the Electronic delivery To the month of performance Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.045 Visitor Log upon request One each to the Electronic delivery To the Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.046 Explosive upon request One each to the Electronic delivery To the Detection Screen Contracting Officer via email using Contracting Log Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.047 GFE Within four (4) hours of One each to the Electronic delivery To the Loss/Damage identifying loss or damage to Contracting Officer via email using Contracting Notification Government furnished Property Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
A.048 CMRA reported no later than October One each to the Electronic delivery To the 31 of each calendar year Contracting Officer via email using Contracting Microsoft Office Officer through Word or Power Point the Contracting 2016 Officer’s Representative (COR)
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ATTACHMENT 1 ESTIMATED WORKLOAD DATA
Table 1: This table shows estimated annual hours based on a normal calendar year (manning 365 days) Estimated ESTIMATED ITEM NAME QTY Unit of Monthly ANNUAL Issue Hours HOURS
1 Supervisory Guard (U.S. Citizen) 12 Mo 3,407 40,880
2 Armed Guard (U.S. Citizen) 12 Mo 21,170 254,040
3 Unarmed Guard (Local National) 12 Mo 2,433 29,200
Table 2: This table shows estimated annual hours based on the leap year (manning 366 days) Estimated ESTIMATED ITEM NAME QTY Unit of Monthly ANNUAL Issue Hours HOURS
1 Supervisory Guard (U.S. Citizen) 12 Mo 3,416 40,992
2 Armed Guard (U.S. Citizen) 12 Mo 21,228 254,736
3 Unarmed Guard (Local National) 12 Mo 2,440 29,280
Actual guard posts, positions and staffing breakdown will be provided at pre-award conference. Actual hours and manning may vary based on operational requirements. All shifts are eight (8) hours shift. The typical manning table below is based on an eight (8) hours shift 0700-1500 1500-2300 2300-0700 Typical Manning 8 hours shift 5 supervisors 5 supervisors 4 supervisors 29 armed guards 29 armed guards 29 armed guards 4 unarmed guards 4 unarmed guards 2 unarmed guards
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ATTACHMENT 2 HISTORICAL WORKLOAD DATA
Table 1: This table shows the average monthly hours per Guard Category for calendar year 2019 (JAN-MAR) ITEM NAME ESTIMATED QUANTITY
1 Supervisory Guard (U.S. Citizen) Hours/Month 3,382
2 Armed Guard (U.S.) Citizen Hours/Month 21,020
3 Unarmed Guard (Local National Hours/Month 2,416
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018) Paragraph (b) is supplemented as follows: (b) Submission of Offers. The following instruction to offerors is to ensure sufficient information necessary for the Government to fully understand and evaluate the proposals submitted. The Government intends to award a Firm Fixed-Price contract for this requirement. 1. DELIVERY OF PROPOSALS. PROPOSAL SUBMISSIONS. Offers are due as stated in block 8 of the “OFFER DUE DATE” block on page 1 of this document by the Local Time (Local Time means Central European Summer Time). Proposals received after the required time on the due date will be handled in accordance with 52.212-1(f). Submission of proposals shall be sent via email to Ms. Jessica Mayeaux, Contract Specialist, [email protected] AND Mr. Benjamin Kamp, Contracting Officer, [email protected]. The subject of the email shall be: “W564KV-19-R-0024 – Proposal.” a. A representative of the firm authorized to commit the firm to contractual obligations must sign the offeror’s proposal. Blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449 must be signed by such a representative. In doing so, the contractor agrees to the contract terms and conditions as written in the Solicitation, with attachments. b. All proposals shall be valid for at least 180 days from the solicitation due date. c. The Government will evaluate the proposal using only the information provided with the proposal. Failure of an offeror to submit information sufficient to evaluate the offer, or that does not follow the guidelines as stipulated herein, may result in a rating of unacceptable. d. Contractors shall insert proposed unit (“UNIT PRICE”) and extended prices (“AMOUNT”) in the SF 1449 Pricing Schedule for all CLINs. All pricing shall be submitted in US Dollars only. Offers submitted in a currency other than US Dollars may not be evaluated. 2. QUESTIONS PERTAINING TO THE REQUEST FOR PROPOSAL (RFP) / SOLICITATION. All questions shall be submitted to the Contracting Officer AND the Contract Specialist no later than 27 September 2019, 1700 Local Time (CEST). The subject of the email shall be: “W564KV-19-R-0024 - Questions.” Questions shall annotate a reference to the specific solicitation element to which they pertain. The Government is not required to provide responses to all questions submitted by Offerors, but will consider them and incorporate changes into the solicitation, as deemed necessary in the business judgement of the Contracting Officer. Questions received after the cut-off date may not receive a response. 3. DETAILED PROPOSAL INSTRUCTIONS. a. All proposals, questions, and correspondence, SHALL BE submitted in the ENGLISH language. Offers submitted in a language other than English will not be evaluated. b. The use of hyperlinks in proposals is prohibited.
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c. Offeror’s proposal information shall be confined to the appropriate volume to facilitate independent evaluation. d. Proposals that do not follow these guidelines or that do not include the requested minimum information may be eliminated from further consideration for award. 4. PAGE LIMITATIONS If the page limits are exceeded, the pages in excess of the limit will be removed and not evaluated. The following page limitations shall be strictly adhered to:
Page Volume Volume Title Format Limitation
No page I Signed SF1449 PDF document limitation
II Technical Electronic MS Word document 25 pages No page III Price PDF document limitation Past Performance No page IV Electronic MS Excel, Word or PDF limitation
a. Electronic proposals provided via e-mail shall be submitted in Microsoft Word, Excel format, Adobe Acrobat (.pdf), or as indicated elsewhere. WINZIP (.zip) files cannot be accepted as they are routinely blocked by the domain firewall. Proposals that are sent in multiple e-mails shall be numbered to include the total sent, for example “2 of 6.” b. All Contractor proposals with company identifying information (name and logo) shall be limited to the cover of the submitted proposal of each volume. This includes technical submittals and schedules provided with the proposal. Failure to do so may render your proposal unacceptable and therefore may not be evaluated. c. It is the Government's intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, should discussions become necessary, the Government reserves the right to conduct them. d. If an offeror believes the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify Ms. Jessica Mayeaux AND Mr. Benjamin Kamp by email with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. 5. PROPOSAL FORMAT AND CONTENT: a. The submission shall be clearly indexed, logically assembled, and clearly identified. Each volume shall be submitted clearly marked with the volume number, solicitation number (W564KV-19-R-0024), and firm’s name, as follows: "VOLUME_#____OF_RFP_W564KV-19-R-0024_FOR ______(FIRM's NAME)". b. Offers, modifications, revisions, or withdrawals of Offers received after the date established in this solicitation for receipt of proposals will be handled in accordance with FAR Provision 52.212-1. c. Proposal font type shall be limited to Arial, or Times New Roman equal to or larger than 12 point font size. Graphics, photos, and charts may use color; however, offerors are cautioned to use colors that are legible if printed in black and white. Tables and illustrations may use a reduced font no less than 10 point and may be landscape. d. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Contractor shall number each page in order to eliminate any confusion. In the event an offeror creates an ambiguity in their page numbering, the Government may exercise its own discretion in counting pages. e. Microsoft Excel files submitted shall be unlocked, formula driven, and numbers shall not be hard coded, where applicable. Spreadsheets shall be in Microsoft Excel 2013 compatible format (.XLSX format). f. Updates related to this solicitation, to include the solicitation, amendments, notices, and other information will be made available on the Federal Business Opportunities (FBO) website at https://www.fbo.gov/. It is the responsibility of the offerors to access FBO to obtain amendments and the most current information regarding this solicitation. Offerors are deemed to have knowledge of all documents that are posted to FBO.
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g. The submission shall be clearly indexed and logically assembled. All proposals shall be Unclassified and proprietary information shall be clearly marked. Failure to comply with all requirements of the proposal submission instructions may eliminate an offer from consideration. 6. PROPOSAL INSTRUCTION a. Offerors must demonstrate their understanding of the Government's requirements. Interested offerors shall submit their proposals and other information in four (4) separate volumes, in electronic format as follows: Volume I: Signed Offer a. Submit the signed and dated Standard Form 1449, and all RFP amendments. b. Fill-in all the required clauses and submit. c. Exceptions / Assumptions (if applicable) - The offeror must identify and explain any exceptions or assumptions, regarding their proposal. Offerors are cautioned that the Government will reject the assumption that successful proposal will be incorporated into the subsequent award. It is not the Government's intent to incorporate the offeror's proposal in the resulting award; however, the Government reserves the right to include the offeror's proposal, in part, or in its entirety, if determined by the Contracting Officer to be in the best interest of the Government. Exceptions/Assumptions impacting the contract in negative manner may cause the proposal to be rated as "Unacceptable." Volume II: Technical Proposal The offeror shall submit a concise and detailed approach for effective evaluation and for substantiating the validity of stated claims. Clarity and coherence are very important. Responses will be evaluated against the factor defined in Clause 52.212-2, "Evaluation - Commercial Items” and its addendum. A reading of Volume II should leave the Government with a detailed understanding of all aspects of the offeror’s technical proposal. The offeror’s proposal shall not simply rephrase or restate the Government’s requirements, but shall demonstrate an ability to execute the requirements without introducing unacceptable risk. In order for the Government to determine that an offeror is technically acceptable, the following technical information shall be submitted: Sub-factor 1: Government Furnished Property (GFP) Management Plan The offeror shall provide a detailed GFP Management Plan for the supplied GFP (listed in the solicitation attachment) that includes all of the following: A detailed description of all 10 lifecycle outcomes with defined processes in sufficient detail (reference 52.245-1(b)(1) and 52.245-1(f)(1)(i-x)). A detailed description of how property will be maintained IAW AR 735-5, Policies and Procedures for Property Accountability (reference PWS 3.5). A detailed description of the offeror’s enterprise asset management system or internal record keeping system capable of effectively managing Government property and associated property transactions (reference FAR 52.245-1(f)(1)(iii)). A Property Management plan which addresses reporting requirements (to include frequencies, format of reports, distribution, etc.) for Government property related reports (reference FAR 52.245-1(f)(1)(vi), DFARS 252.211-7007, DFARS 252.245-7002, and DFARS 252.245-7004).
Sub-factor 2: Staffing/Management Plan The offeror shall provide a detailed Staffing/Management Plan that includes all of the following: Program/Contract Manager: o Provide the resume and letter of intent for the Program/Contract Manager o Provide, in narrative format, a description of how the Program/Contract Manager meets the requirements as provided at PWS 1.10(a). o Provide documentation illustrating an active security clearance in accordance with PWS 1.7.1 Site Manager o Provide the resume and letter of intent of the Site Manager o Provide, in narrative format, how the Site Manager meets the requirements as provided at PWS 1.10(b) o Provide documentation illustrating an active security clearance in accordance with PWS 1.7.1 Provide a comprehensive staffing plan (including management positions) to successfully execute the requirements outlined in Part 5 of the PWS. An offeror’s plan shall include at a minimum: numbers of personnel, their minimum qualifications, and how the personnel will be implemented in accordance with Part 5 of the PWS. The proposal will not merely restate or regurgitate the PWS provisions.
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Volume III: Price The offeror shall submit fully burdened firm fixed prices in US Dollars for all CLINs. The offeror shall enter unit prices and total amounts (i.e. quantity multiplied by the unit price to the nearest cent) in the SF 1449. In addition, the offeror shall submit in writing that it agrees to hold the prices in its offer valid for 180 calendar days from the date specified for receipt of offers. Volume IV: Past Performance Current and Past Performance information will be used to determine the probability of successfully accomplishing the proposed effort. 1) The Government will evaluate an offeror’s performance which is deemed recent and relevant. The Government will not evaluate and will not give the offeror credit for the past performance of proposed personnel or proposed subcontractors. The Government will use information submitted by the offeror and other sources such as other Federal Government Offices and commercial sources as necessary, to assess performance. Recent and relevant are defined as: a) Recent – Only contracts that were performed within the last five (5) calendar years will be considered. b) Relevant – Only contracts for security guard services which include armed guard for access control and perimeter security to include roving patrols 2) Provide at least two (2) but no more than five (5) recent and relevant references for commercial customers, Federal agencies, or other military organizations. These references shall be furnished using the Past Performance Reference Form (Attachment #1). The offeror shall complete and return Part A and Part B of each Form, in its entirety. Using one form for each reference, the offeror shall return at least two (2) Past Performance Reference Forms to the Government as a part of their proposals. 3) In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”
ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 1. BASIS FOR AWARD The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be the most advantageous to the Government. Award will be made based on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors. The non- price factors are 1) Technical and 2) Past Performance. a. Offers that do not conform to the requirements of this RFP may be rejected at any time after evaluations begin without further evaluation, deliberation or discussion. The following factors shall be used to evaluate offers: (i). Technical Factor The Technical ratings and definitions are as follows: TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS Rating Definition Acceptable Proposal meets the minimum requirements of the solicitation. Unacceptable Proposal does not meet the minimum requirements of the solicitation.
(ii). Price Factor Award will be made to the offeror who has the lowest price and is technically acceptable. In order to be eligible for award, an offer must be determined to be acceptable in all non-price factors and sub-factors. The Government intends to award one contract without discussions as a result of the solicitation. Therefore, the offeror's initial proposal shall contain the offeror's best terms and conditions from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting officer later determines them to be necessary.
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(iii). Past Performance Factor The Past Performance ratings and definitions are as follows: PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE RATINGS Rating Definition Acceptable Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. Unacceptable Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
2. EVALUATION APPROACH Proposal Compliance: The Government will compare the Offeror's proposal to the RFP submission criteria in Addendum to 52.212-1 in order to perform a compliance review. The compliance review will include verification that the proposal submission is in compliance with the requirements outlined in 1. Delivery of Proposals, 3.Detailed Proposal Instructions, 4. Page Limits, 5. Proposal Format and Content and 6. Proposal Instructions – Volume I: Signed Offer (a&b). Failure to provide proposals in accordance with the instructions specified herein may render the Offeror’s proposal non-compliant and will not be further evaluated for award. FACTOR 1 – Technical: The Government will evaluate the completeness of the offer based on the documentation provided. Each requirement must be addressed so that sufficient information about each area is conveyed. The Government will evaluate each offeror's proposed approach to meeting those requirements to determine if the proposal meets the minimum requirements of the solicitation. Each offer will be evaluated in accordance with its content only. If any sub-factor element is rated unacceptable, the technical factor is rated unacceptable. Sub-factor 1: Government Furnished Property (GFP) Management Plan The offeror will be evaluated to determine if its GFP Management Plan for the supplied GFP (listed in the solicitation attachment) includes all of the following and meets the requirements of the solicitation: A detailed description of all 10 lifecycle outcomes with defined processes in sufficient detail (reference 52.245-1(b)(1) and 52.245-1(f)(1)(i-x)). A detailed description of how property will be maintained IAW AR 735-5, Policies and Procedures for Property Accountability (reference PWS 3.5). A detailed description of the offeror’s enterprise asset management system or internal record keeping system capable of effectively managing Government property and associated property transactions (reference FAR 52.245-1(f)(1)(iii)). A Property Management plan which addresses reporting requirements (to include frequencies, format of reports, distribution, etc.) for Government property related reports (reference FAR 52.245-1(f)(1)(vi), DFARS 252.211-7007, DFARS 252.245-7002, and DFARS 252.245-7004).
Sub-factor 2: Staffing/Management Plan The offerors will be evaluated to determine if its Staffing/Management Plan includes all of the following and meets the requirements of the solicitation: Program/Contract Manager: o The resume and letter of intent for the Program/Contract Manager o Description, in narrative format, of how the Program/Contract Manager meets the requirements as provided at PWS 1.10(a) o Documentation illustrating an active security clearance in accordance with PWS 1.7.1 Site Manager o Provide the resume and letter of intent of the Site Manager o Description, in narrative format, of how the Site Manager meets the requirements as provided at PWS 1.10(b) o Documentation illustrating an active security clearance in accordance with PWS 1.7.1
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An offeror’s plan will be evaluated to insure adequate numbers, qualifications of personnel and implementation.
FACTOR 2 – Price:
Price will not be scored or rated. A price analysis will be performed on each proposal that has been previously found to be Technically Acceptable. Each proposal will be evaluated for completeness, reasonableness and balance. Price will be evaluated based on the total evaluated price including all option periods. i. Completeness: An offeror’s price proposal will be evaluated to ensure fully burdened firm fixed prices in US Dollars in input for all CLINs. The unit prices and total amounts (i.e. quantity multiplied by the unit price to the nearest cent) are entered in the SF 1449. In addition, an offeror’s price proposal will be evaluated to determine if it agreed in writing to hold the prices in its offer valid for 180 calendar days from the date specified for receipt of offers. ii. Price Reasonableness: The offerors price proposal will be evaluated based on the results of a price analysis, using the proposal analysis techniques and procedures as defined in FAR 15.404-1(b) and DFARS 215.404-1 to ensure a fair and reasonable price. iii. Balance: The offerors price proposal will be evaluated for balanced pricing. This review will ensure that the price of one or more line items is not significantly over or understated as indicated by the application of price analysis techniques. Offerors’ proposals that are determined to have unbalanced pricing may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. iv. Total Evaluated Price: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six-month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options. FACTOR 3- Past Performance: a. The information presented in the Past Performance Reference Form (Attachment # 1) and information obtained from other sources available to the Government will be the basis for evaluation of this factor. The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on contracts that meet the following conditions: 1) Recent – Only contracts that were performed within the last five (5) calendar years will be considered. 2) Relevant – Only contracts for security guard services which include armed guard for access control, perimeter security to include roving patrols b. The Past Performance evaluation will be based only on an “Acceptable” / “Unacceptable” basis, and no ranking shall be assigned. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records: 1) Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. 2) Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. c. Based on information received from the offeror, the past performance reference forms, CPARS reports, and any past performance information obtained from sources other than those identified by the Offeror, a determination will be made as to whether the offeror is given an Acceptable or Unacceptable rating as defined above. d. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.” e. Offerors are hereby notified that in conducting the past performance evaluation, the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the
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