04. Performance Work Statement (draft).pdf

PERFORMANCE WORK STATEMENT (PWS)

United States Army Reserve (USAR)

Analyst Support Services

Part I General Information

1. GENERAL. This is a non-personal services contract to provide Analyst Support Services for the United States Army Reserve (USAR) which is geographically dispersed. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Analyst Support Services as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background. USAR Headquarters (HQ) is a Major Army Command consisting of approximately 182,000 Army Reserve personnel assigned to over 2,000 units geographically dispersed across the world. The overall goal is to enhance the Army Reserve’s ability to rapidly respond to a wide range of global contingency requirements with an operational force possessing the required capabilities, while deploying minimum troops and equipment. At the same time, it also leaves behind the remainder of an organization which can be deployed at a later date.

USAR Command serves as an Accountable Organization (AO) responsible for the facility readiness of the Army Reserve. Subordinate Readiness Divisions (RDs), 9th Mission Support Command (MSC), and Army Reserve Funded Installations (ARFIs) are facing critical manning shortages due to systemic hiring challenges in remote/high-cost areas and the increasing complexity of GFEBS (General Fund Business Enterprise System).

Army Reserve Forces are a crucial element of the Army’s overall deployable strength and war fighting team. The Army Reserve provides integral support units and specific functions as an element of the operational force. Army Reserve enablers provide cyclical capability across the Force Generation model, including the flexibility to surge forces. This contribution is particularly important if the Army encounters security demands, and global commitments that exceed the steady-state capacity of Army Force Generation (ARFORGEN). Army Reserve Force Generation is based on progressive readiness for the operational forces to provide a supply of ready units on an annual basis with greater predictability. This process allows Army Reserve leaders to identify predictable deployment windows and manage readiness and training of forces accordingly. To achieve the readiness progression required by operational readiness cycles.

1.3. Objectives. The basic service objectives include the following:

1.3.1. Provide analytical support to the Army Reserve G-3/5/7 Engineers.

1.3.2. Provide analytical support to the Army Reserve G-1, Civilian Personnel Management Office (CPMO).

1.3.3. Provide analytical support to the Army Reserve G-4.

1.4. Scope. Services include analytical support to Army Reserve Staff Directorates, which includes, but is not limited to: The provided support shall primarily pertain to Lead Program Analyst, Facility Sustainment Analyst, Real Property Management Analysts, Strategic Planning and Integration Analyst, Non-Tactical Vehicle (NTV) Fleet Management Analyst and Personnel Management Analyst.

1.5. Period of Performance. The Period of Performance shall be for a 12-month base period, and three separately priced 12-month option periods.

1.6. Place of Performance. The work to be performed under this contract shall be accomplished at Government-provided facilities at the primary duty stations listed below. The Government reserves the right to adjust the placement based on mission requirements.

• USAR HQ: Ft. Bragg, NC

• 63rd Readiness Division (RD): Mountain View, CA

• 81st Readiness Division (RD): Fort Jackson, SC

• 88th Readiness Division (RD): Fort McCoy, WI

• 99th Readiness Division (RD): Joint Base McQuire-Dix-Lakehurst, NJ

• 9th Mission Support Command (MSC): Fort Shafter, HI

• Fort Hunter Liggett (FHL) / Parks Reserve Forces Training Area (RFTA): Dublin, CA)

• Devens RFTA: Devens, MA

• Fort Buchanan, PR (FBPR): Fort Buchanan, PR

1.7. Quality Control. Quality Control (QC) is the responsibility of the Contractor. The Contractor shall develop, implement, and maintain a Quality Control Plan (QCP) to ensure all work described in this contract is performed at or above the standard defined in the Performance Requirements Summary (PRS). The QCP is developed by the contractor to ensure that it performs and delivers high-quality service and products. And it shall include methods of documenting and enforcing quality control operations of both prime contractor and subcontractor work, including inspection and testing.

1.7.1. The Contractor shall submit their QCP within 30 days of contract award to the Contracting Officer (KO) / Contracting Officer’s Representative (COR) for review and acceptance by the KO. After acceptance of the QCP, the contractor shall receive the KO’s acceptance in writing or any proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to KO/COR for review and approval prior to implementation. The QCP shall address as a minimum:

1.7.2. Inspection System. The contractor should develop, implement and maintain a system to inspect their services as well as their subcontractor services and products to ensure compliance with contract requirements, and applicable laws and regulations. It should specify tasks or areas to be inspected on a scheduled or unscheduled basis, the way inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis.

1.7.3. Inspection Files. The contractor shall document all inspections conducted, and the necessary corrective and preventive actions will be taken.

1.7.4. Deficiency Identification, Prevention and Correction. The QCP shall include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PWS without dependence upon Government direction. The contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable and before they are provided to the Government. The QCP at a minimum shall address process control and continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification;

procedures for root cause analysis; corrective and preventive action procedures to include procedures for addressing Government discovered non-conformances; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The QCP shall document process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.

1.7.5. The contractor shall keep records on-site of all inspections conducted by the Contractor and necessary corrective action taken. These documents shall be available for inspection by the Government during the term of the contract.

1.7.6. The QCP shall contain methods of communication (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, analysis of process deficiencies, and problem resolution.

1.7.7. The QCP shall have a customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). Government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process. The contractor shall document all customer complaints and report the complaint to the COR within one workday after receipt of complaint. The contractor shall use electronic mail or other written memoranda as notification. Each customer complaint reported to the COR shall have a scheduled completion date subject to COR approval.

1.7.8. Detail how continuous quality improvement will be a sustaining focus throughout the QCP and report monthly via a Process Improvements Tracker (PIT) ongoing initiatives to streamline processes, improve service and detail benefits to the Government.

1.7.9. Upon request from the COR, the Contractor shall provide all reports generated because of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.8. Non-conformance Report (NCR). When the Contractor's performance is unsatisfactory, an NCR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.9. Quality Assurance (QA). The COR 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 COR 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 minimum acceptable defect rate(s).

When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.10. Property Management System. The Contractor shall establish a system to manage Government Furnished Property (GFP) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of the contract.

1.11. Recognized Federal Holidays. The Contractor shall not be required to perform services on recognized Federal holidays. The recognized federal holidays include: (a) New Year’s Day, (b) Martin Luther King Jr.’s Birthday, (c) Presidents Day, (d) Memorial Day, (e) Juneteenth, (f) Independence Day, (g) Labor Day, (h) Columbus Day, (i) Veteran’s Day, (j) Thanksgiving and (k) Christmas

1.11.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.11.2. Installation Closures. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall have the following options:

1.11.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.11.2.2. Reschedule the work on any day that is mutually satisfactory.

1.12. Hours of Operation. The Contractor shall be responsible for providing services, between the hours of 8:00AM

– 4:30PM Eastern Time, Monday through Friday (M-F), except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings.

All work to be performed, which deviates from the established normal working hours, will be coordinated with the COR, in writing (email) prior to scheduling said work.

1.12.1. The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this contract when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40-hour workweek; flexible work schedule may be considered.

1.12.1.1. The contractor shall perform services at space provided in the Government owned facilities and must be present and available during established duty hours M-F except Federal holidays and closures. Contractors may be available alternatively at off-site locations through telework as approved through the COR.

1.12.2. Place of Performance. Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at Marshall Hall, Army Reserve Headquarters, Fort Bragg, North Carolina (NC) and other Reserve facilities identified at or near locations per paragraph 1.6.

1.13. Security Requirements:

1.13.1. Security Clearance. Contractor personnel shall have a SECRET Clearance (interim is sufficient pending favorable adjudication and issuance of a final clearance) prior to the start of full performance under this contract and must maintain the level of security required for the duration of the contract. The security requirements are in accordance with the attached DD254. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW Department of Defense Directive (DODD) 8140.01. For more information, please visit http://www.dss.mil. Personnel Security Clearances must be kept to an absolute minimum based on contractual needs.

1.13.2. Originate the request through your Contractor Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement.

1.13.3. Common Access Card Issuance.

1.13.3.1 All Contractor personnel performing work under this contract shall obtain a Department of Defense (DoD) Common Access Card (CAC) and a Marshall Hall Access Badge. The CAC and Access Badge shall be always worn, when performing work under this contract, to include attending government meetings and conferences.

Unless otherwise specified in the contract, Contractor personnel shall wear the Access Badge in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access. Reference CAC Issuance and Revocations: Department of Defense Instruction (DoDI) 5200.46, September 9, 2014

1.13.3.2 Contractor personnel shall be required to obtain a CAC prior to performance under this contract. Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.13.3.3 The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance and within 5 calendar days of any changes.

1.13.3.4 The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements

1.13.4. National Industrial Security Program (NISP).

1.13.4.1. Contractor shall comply with Federal Acquisition Regulation (FAR) 52.204-2, Security Requirements.

This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.13.4.2. The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records. Documenting and reporting actual and potential security problems. Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.

1.13.4.3. The Contractor’s security program shall include provisions for Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-Operations Security. New contract employees Level I OPSEC training within (30) calendar days of their reporting for duty and annually thereafter. In-processing and out-processing Contractor personnel for security matters. Obtaining Contractor personnel security clearances.

http://www.dss.mil/

1.13.4.4. Filing Classified Documents all Government-furnished classified and unclassified files in existence at the contract performance date and those generated under this contract shall be maintained in accordance with AR 25- 400-2 or other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DOD 5200.1-R, NISPOM. Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.

1.13.5. Physical Security Plan. The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. The Contractor shall secure Government facilities, equipment, and materials at the close of each work period. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13. The Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and GFP. The following regulations shall apply when developing the physical security plan: Army Regulations (ARs) 190-11, 190-13, and 190-51; DOD 4500.9-R, and DODI 5100.76 and DODI 5220.22, and applicable Fort Bragg policies.

1.13.6. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5, Fort Bragg 380-5 and United States Army Forces Command (FORSCOM) Supplement 1 to AR 380-5, if classified materials are being stored. NOTE: All references for keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

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

1.13.6.2. The Contractor shall prohibit the use of Government issued keys and key cards 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 people other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.13.7. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

These procedures shall be included in the Contractor’s security program.

1.13.8. Information Security Plan. The Contractor shall develop and implement an Information Security Plan IAW AR 380-5 AR 380-67, Fort Bragg regulation 380-5, FB 380-67, and FORSCOM Supplement 1 to AR 380-5, for the control of classified information. The Contractor’s information security program shall include applicable provisions of AR 380-series regulations.

1.13.9. Access and General Protection/Security Policy and Procedures: The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by DOD, Headquarters Department of the Army (HQDA), and Fort Bragg Directorate of Emergency Services (DES) and Provost Marshall local policy. Sponsoring organizations, activities, or people will be responsible for Contractor access to the installation by submitting complete DES Installation Badges and Passes Request Form (DES Form 118) for Automated Installation Entry (AIE) II+ cards.

1.13.9.1. The DES Form 118 is located on the Fort Bragg Provost Marshall webpage at http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx under the Installation Access Control tab. Once approved, the sponsoring organization, activity or person will be notified to contact the applicant(s) to go and http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx process their AIE II+ card. The Fort Bragg All American Visitor Control Center (VCC) located at the All-American Hwy, Access Control Point (ACP), Building H-1575, outside ACP 5.

1.13.9.2. Fort Bragg AIE II+ Access Cards may be issued for a maximum of three years for individual(s) who require recurring access to the installation for official business. Sponsorship is required to obtain any access card and for all applications (DES Form 118). The COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

1.13.9.3. The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or Security Office.

1.14. Security Training. IAW Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13.

1.14.1. Anti-Terrorism (AT) Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas will complete AT Level I awareness training within thirty (30) calendar days after the contract start-date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR/ACOR or KO within thirty (30) calendar days after training is completed by all employees and subcontractor personnel. AT Level I awareness training is available online at https://atlevel1.dtic.mil/at.

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.14.2. iWATCH Training: The contractor and all associated subcontractors will brief all employees on the local iWATCH program (training standards provided by the requiring activity Anti-Terrorism Officer (ATO). This local developed training will be used to inform employees of the types of behavior to watch and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award with the results reported to the COR not later than (NLT) 45 calendar days after contract award.

New employees shall complete the training within (10) calendar days of commencing performance of work under this contract, with the results reported to the COR NLT (15) calendar days.

1.14.2.1. iWATCH is simply common awareness. Contracting employees can be good sources of information.

iWatch training would include organization instructions on “things to look for” and a phone number to call in case the contract employees have information regarding possible terrorist or criminal activities. Providing contractors with awareness materials such as the iWatch brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include COR in reporting procedures. Samples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx and https://www.army.mil/e2/c/downloads/287489.pdf

1.14.3. Army Training Certification Tracking System (ATCTS): All contractor employees with access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services and must successfully complete DOD information assurance awareness training before access to the information system and then annually thereafter. Completion certificates shall be submitted to COR within fifteen (15) calendar days from date of commencing performance under this contract.

1.14.4. OPSEC Training Per AR 530-1 Operations Security. The contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: https://securityawareness.usalearning.gov/opsec/. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of completion.

1.14.5. Information Assurance (IA)/Information Technology (IT) Training. All contractor employees and associated subcontractor employees must complete DOD information assurance awareness training before issuance of network access and annually thereafter. All contractor employees working in IA/IT functions must comply with DOD and Army training requirements in DODD 8570.01, DOD 8570.01-M, and AR 25-2 within 6 months after being employed.

https://atlevel1.dtic.mil/at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx https://www.army.mil/e2/c/downloads/287489.pdf https://securityawareness.usalearning.gov/opsec/

1.14.6. Threat Awareness Reporting Program Training. Per AR 381-12, Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of completion.

1.15. Safety.

The contractor shall perform work in a safe manner as required by Occupational Safety and Health Administration (OSHA) Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence.

1.15.1. Environment and OSHA.

The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

1.16. Special Qualifications.

1.16.1. Organizational Conflict of Interest (OCI). The contractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the contractor’s judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5.

1.16.1.1. Purpose.

a. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition.

b. The Contractor’s objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

c. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.16.1.2. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

a. Biased Ground Rules. This type of conflict may arise in situations where a company sets ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage. This would extend to an incumbent or a service provider writing a PWS for an upcoming solicitation for follow-on work that does not fit an exception at FAR 9.505-2(b)(1).

b. Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict includes providing services through subcontractors, employees or consultants who serve in a dual capacity in this matter, such as a contractor employee who simultaneously serves as a U.S. Army Reservist in the same role that they would perform under this contract. Another example is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

c. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract. This does not extend to the normal advantages that an incumbent or previous provider has based solely on prior performance; however, it does extend to personnel or contractors who serve dual roles in the same functional area, or matter who may have access to competitively useful non-public information.

1.16.1.3. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

a. The Contractor agrees that it will neither evaluate nor advise the Government about its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

b. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

c. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

d. Non-Disclosure Agreements (NDAs). The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor shall educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

e. Screening and Training. The Contractor shall effectively screen and train its employees on OCI’s and ethics, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart to ensure that no service provider presents a conflict of interest and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.16.1.4. Conflicts Involving Future Procurements. The award of this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only Kos, for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.16.2. Contractor Employees.

1.16.2.1. The Contractor shall be responsible for total management during the performance of this contract, ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.16.2.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the public.

1.16.2.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 25-2, Information Assurance have been fully completed, and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.16.2.4. The Contractor shall ensure all personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination. Contractor personnel who are, or are expected to become, unavailable under this contract for a continuous period exceeding thirty (30) workdays, shall be replaced/backfilled within ten (10) workdays with personnel who possess qualifications equal to or better than those of the original employee.

1.16.3. Key Personnel. Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to KO/COR within ten (10) workdays of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding (30) workdays, the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination.

1.16.3.1. The follow is considered key personnel by the Government. The follow is considered key personnel by the Government: The Contractor shall provide a Program Lead Analyst (PLA) and a Task Lead Analyst (TLA), who shall be responsible for the performance of the work under this contract. The TLA shall act for the Contractor when the PLA is absent, shall be designated in writing to the KO at the post award conference. Both the PLA and TLA shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. These personnel shall be available between the hours of 8:00 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.16.3.2. Qualifications for all Key Personnel:

1.16.3.2.1 Program Lead Analyst (PLA): The PLA shall meet or exceed the following minimum qualifications:

The PLA shall have a minimum of seven years’ experience in management or supervision and a minimum of four years of that experience shall have been in DoD Staff Leadership. The TLA shall meet or exceed the same qualifications as the PLA.

1.16.4. Other Personnel Qualifications.

1.16.4.1. CPMO Program Manager Analyst(s). The CPMO PMA(s) shall have a minimum of seven (7) years experience in Civilian Human Resources, with at least five (5) years of that experience being in a DoD Staff Environment; Personnel shall collectively possess the following: a minimum of one (1) year experience in the development and coordination of publications to include Operations Orders, Briefings, Decision Making briefs, and functional working group actions; minimum of one (1) year experience with performing analysis of force structure initiatives and their effects to the overall force; a minimum of one (1) year experience in the use of automated information systems and databases relating to Army Civilian Human Resources (or DoD equivalent), Force Management, and Budget; a minimum of one (1) year of experience assessing training needs and evaluation of capability gaps; a minimum of one (1) year experience with organizational design and force management structure changes; a minimum of one year experience with the design and content management of SharePoint pages; a minimum of one (1) year experience with the Army Planning, Programming, Budget, and Execution (PPBE) process.

1.16.4.2. Real Property Analyst(s)/Specialist(s). Real Property Specialist(s) shall possess a minimum of two years’ experience in DoD real property and demonstrate proficiency in GFEBS Real Property roles and HQIIS. A bachelor’s degree or equivalent experience in Real Property, Real Estate or Facilities Management is preferred. The RP Analyst(s)/Specialist(s) will be geographically dispersed based on the work in the locations identified in paragraph 1.6.

1.15.4. Identification of Contractor Personnel: The Contractor shall not in any way represent the United States (U.S.) Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA). All Contractor personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials.

1.15.5. Standards of Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government.

The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to always present a professional appearance.

1.15.6.1 Conduct of Personnel: The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. The Contractor shall ensure employee conduct complies with 41USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interest of the Government. IIAW Joint Ethics Regulations (JER), DOD 5500.7-R, and 18 U.S.C. 1382 (1972). The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.16. Contractor Travel: Contractor shall be required to travel within the Continental United States (CONUS) during the performance of this contract to attend meetings, conferences, and training. Contractor shall be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR), FAR 31.205-46, and the limitation of funds specified in this contract. All travel requires advanced approval/authorization by the COR five (5) workdays prior to requested travel date. Requests will be submitted, accepted, and approved via email, or by telephone when email notification is not possible.

1.16.4. Travel Templates. The Contractor shall produce a long-distance travel request template, local travel log template, and a long-distance trip report template. The templates shall be submitted to the COR within ten (10) days after contract award. The long-distance travel request template shall include, at a minimum: Name, duty position, justification for travel, mode of travel, distance of travel, estimated time of travel, and point of contact (POC) of travel at the support site.

1.16.4.2. The Local Travel Log template shall include, at a minimum: Name, duty position, reason for travel, key personnel assisted (name, position, and phone number), significant activities accomplished during visit, follow-up requirements, recommendations/comments and signature block.

1.16.4.2. Long Distance Trip Report. Upon completion of long-distance travel, a Long-Distance Trip Report is required. Trip Reports shall be provided to COR within five (5) workdays after travel has been completed.

Additionally, all trip reports for the month will be rolled up into the monthly report. This report should be submitted on the approved template and provide a synopsis of accomplishments performed during the travel period. The Contractor shall submit monthly invoices for reimbursement citing the appropriate Contract Line- Item Number (CLIN). Each individual travel instance must be captured; copies of receipts, travel vouchers, etc.

shall be attached to the invoice to support charges. Original receipts shall be maintained by the Contractor and made available to Government auditors upon request.

1.16.4.2. The long-distance trip report template shall include at a minimum: Travelers name, position, reason for travel, mode of travel, duration of travel, destinations, organization visited, key personnel assisted (name, position, and phone number), significant activities accomplished, systems involved, discussion background, follow-up requirements, recommendations/ comments, and signature block.

1.18. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, including the source codes of any software, produced under this task order shall be government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without written permission from the contracting officer. All materials supplied to the government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.

1.19. Contract Administration:

1.19.1. Post Award Conference/Performance Evaluation Meetings. The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The KO and COR/Alternate Contracting Officer’s Representative (ACOR) will meet quarterly with the Contractor to review the Contractor's performance. Written minutes of meetings will be recorded by the Government and signed by both the PLA or TLA and the KO. The written minutes will be distributed within five (5) workdays after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes. These meetings shall be at no additional cost to the Government.

1.20. Contracting Officer (KO). The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO.