1 - HIANG Cable and Internet Service PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

High Definition Television Cable (HDTV) and Internet Services

1.0 General

1.1 Scope: The Contractor agrees to provide cable TV and internet services delivered via Wi-Fi for Hawaii Air National Guard designated buildings located at Hickam AFB and Geographically Separated Units (GSU) throughout the islands of Hawaii. Locations are listed in Attachment 1 to this Performance Work Statement (PWS). Contractor shall provide service through contractor owned cables and Contractor may not mount any satellite dishes on the buildings. Period of performance will be for one year.

1.2 Background: In prior years, the Hawaii Air National Guard (HIANG) through its subordinate units purchased cable television and internet services through different providers. Units paid with their Governmentwide Purchase Card (GPC). Contracting has noticed that the use of the GPC is incorrect as many units’ annual charges exceeded the allowable micropurchase threshold (MPT). There was also a notation made regarding the adding on of premium service which does not qualify as a mission critical need. In order to manage the service, the 154 Communications Squadron (CS) needs to consolidate all HIANG cable television and internet services to: 1) create a contract in order to mitigate the GPC issue; and 2) better control use of the service be standardizing among all units authorized to receive such service.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and four (4) 12-month option years.

1.4 General Information

1.4.1 Quality Assurance (QA): 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 will 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 acceptable quality level(s) or defect rate(s).

1.4.2 In Case of Base Exercise: In this instance, The 154 Communications Squadron will notify the contractor of the possibility of traffic congestion entering the base during these exercises.

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th.

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0730-1600 on Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at various HIANG locations in Hawaii. Please refer to Attachment 1 for specific buildings. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons.

When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is/is not authorized.

1.4.4.1 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.2 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.5 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO 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. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.9 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 are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed. The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.13 Data Rights: The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

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

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AEI Army Enterprise Infrastructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HDTV High Definition Television HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive

IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3. GOVERNMENT FURNISHED PROPERTY:

3.1 Government: During initial installation and future repair service the Government shall provide personnel to accompany the technician, along with a clean and safe environment for the contractor to complete services needed in accordance to the PWS.

3.2 Contractor. Contractor shall be responsible to provide all tools, materials, and equipment necessary to ensure limited or no uninterrupted service in accordance with this Performance Work Statement. When possible Wi-Fi router must be secured in place to prevent relocation or tampering.

4.0 Requirements: The contractor shall:

4.1 General Information: The Contractor will be responsible for providing internet and standard High Definition (HD) cable service, which at a minimum should include weather channels, news service channels and any emergency broadcast network stations; as well as all required equipment to ensure service is offered with limited to no service interruption. Satellite dishes may not be used. Delivered over Wi-Fi, minimum internet download speed is 200 Mbps and minimum internet upload speed is 10 Mbps.

If a satellite dish is required, the Contractor shall submit a work order (AF Form 332) to the 154 Civil Engineer Squadron for approval. Subsequently, they shall also acquire a Franchise Agreement/ Cable TV Real Estate license through the 154 Contracting Squadron prior to providing the service.

4.2 Certification Contractor shall meet all commercial industry certified technician requirements and if requested by the Government, copies of certifications shall be provided.

4.3 Service Calls: Government will notify contractor of any unscheduled service interruptions involving all internet and HDTV cable services. The contractor shall address the concerns/complaints to the reporting official and provide the Government with documentation that this has been accomplished. Additionally, the contractor will provide the Government with a remedy to the issue within 24 hours and will promptly and effectively respond to service calls within 12 hours of notification.

4.4 Labor: The Government will not pay for newly required installation, repair, and maintenance unless agreed upon by the Government. Where possible, existing coax cables and infrastructure will be used.

4.5 Limitations of Liability: Contractor will provide its own private insurance. In no event shall the Government be liable for any loss of or damage of equipment owned by the contractor, or for any other consequential, incidental, indirect or economic damages incurred or suffered by the Contractor. Contractor further agrees that the total liability shall indemnify and hold the Government harmless against any claims by third parties, including all costs, expenses and attorney’s fees incurred by the Contractor therein, arising out of or in conjunction with Contractor’s performance under or breach of this contract.

4.6 Changes: Contractor shall notify the Government of any scheduled outages, equipment upgrades or changes to internet or cables services. The Government will work with Contractor about changes in service if needed to meet critical mission needs.

4.7 INVOICING

4.7.1 The contractor will use Wide Area Work Flow (WAWF) to submit all invoices to the Government by the fifth day of the month. The Government will verify that the services have been performed satisfactorily, and approve the invoice for payment by the tenth day of the month.

4.7.2 If totals are incorrect the Government will notify the contractor of any discrepancies. Once the discrepancy has been verified/corrected the contractor will re-submit the invoice in WAWF by the next workday.

5.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication

(Chapter/Page)

Date of Publication

Mandator y or

Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspg i/current/index.html or http://farsite.hill.af.mil/

DoDM 1000.13-M-V1

DoD Identification (ID) Cards

(Enclosure 2, paragraph 3.b)

01/23/2014 http://www.esd.whs.mil/Directives/issuan ces/dodm/

Federal Information Processing Standards (FIPS) Publication

201-2

Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August http://nvlpubs.nist.gov/nistpubs/FIPS/NIS T.FIPS.201-2.pdf

DoDM 5200.2 Regulation

5200.02 Procedures for the

DoD Personnel Security Program (PSP)

04/03/2017 http://www.dtic.mil/whs/directives/corres/ pub1.html

Army Directive 2014-05

Policy and Implementation Procedures for Common

Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 http://www.apd.army.mil/ProductMaps/Pu bForm/ArmyDir.aspx https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://farsite.hill.af.mil/ http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://www.dtic.mil/whs/directives/corres/pub1.html http://www.dtic.mil/whs/directives/corres/pub1.html http://www.apd.army.mil/ProductMaps/PubForm/ArmyDir.aspx http://www.apd.army.mil/ProductMaps/PubForm/ArmyDir.aspx

AR 190-13

The Army Physical Security Program

02/25/2011 http://www.apd.army.mil/ProductMaps/Pu bForm/AR.aspx

Homeland Security Presidential Directive (HSPD)-12

Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDD 5400.11

Department of Defense Privacy Program

10/29/2014 http://www.dtic.mil/whs/directives/corres/ dir.html#

DoD 5400.11-R

Department of Defense Privacy Program

05/14/2007 http://www.dtic.mil/whs/directives/corres/ pub1.html

DoDD 8140.01

Cyberspace Workforce Management

08/11/2015 OK http://www.dtic.mil/whs/directives/corres/ dir.html

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19/2005 (Change 4:

11/10/2015

OK http://www.dtic.mil/whs/directives/corres/ pub1.html

AR 25-2

Information Assurance

10/24/2007 OK http://armypubs.army.mil/ProductMaps/P ubForm/AR.aspx

AR 530-1

Operations Security

09/26/2014 OK http://armypubs.army.mil/ProductMaps/P ubForm/AR.aspx

DoD 5220.22-M 02/28/2006 OK http://www.dtic.mil/whs/directives/corres/ pub1.html http://www.apd.army.mil/ProductMaps/PubForm/AR.aspx http://www.apd.army.mil/ProductMaps/PubForm/AR.aspx https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 http://www.dtic.mil/whs/directives/corres/dir.html http://www.dtic.mil/whs/directives/corres/dir.html http://www.dtic.mil/whs/directives/corres/pub1.html http://www.dtic.mil/whs/directives/corres/pub1.html http://www.dtic.mil/whs/directives/corres/dir.html http://www.dtic.mil/whs/directives/corres/dir.html http://www.dtic.mil/whs/directives/corres/pub1.html http://www.dtic.mil/whs/directives/corres/pub1.html http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://www.dtic.mil/whs/directives/corres/pub1.html http://www.dtic.mil/whs/directives/corres/pub1.html

National Industrial Security Program Operating Manual

(Change 2:

05/18/2016

AR 381-12

Threat Awareness and Reporting Program (TARP)

(Section II, ¶ 2-4.b)

06/01/2016 OK http://armypubs.army.mil/ProductMaps/P ubForm/AR.aspx

5.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172-2

Application for Identification Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment Eligibility

Verification

11/14/16 https://www.uscis.gov/sites/default/files/files/form/i- 9.pdf

DD 441

Department of Defense Security Agreement

Jan 2017 http://www.dtic.mil/whs/directives/forms/dd/ddforms0 001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 http://dtic.mil/whs/directives/forms/dd/ddforms0001- 0499.htm http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/index.htm https://www.uscis.gov/sites/default/files/files/form/i-9.pdf https://www.uscis.gov/sites/default/files/files/form/i-9.pdf http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

4.1

Unscheduled preventable service interruptions

The contractor shall provide cable and internet services without unscheduled preventable service interruptions

Meets the standard 100% of the time

Periodic Inspection / COR

ATTACHMENT 1:

BLDG STREET ADDRESS CITY STATE ZIP

1300 1300 KEKUANAOA ST HILO HI 96720

149 149 HALEY AVE WAHIAWA HI 96786

200 VICKERS AVE JBPHH HI 96853

335 GARDNER AVE JBPHH HI 96853

3382 360 MAMALA BAY DRIVE JBPHH HI 96853

3385 360 MAMALA BAY DRIVE JBPHH HI 96853

3400 3400 HARBOR DRIVE JBPHH HI 96853

3415 360 MAMALA BAY DRIVE JBPHH HI 96853

3416 360 MAMALA BAY DRIVE JBPHH HI 96853

3417 360 MAMALA BAY DRIVE JBPHH HI 96853

1115 1115 NOHILI RD KEKAHA HI 96752

419 SEAMAN AVE JBPHH HI 96853

360 MAMALA BAY DRIVE, 1ST FLOOR JBPHH HI 96853

211 360 MAMALA BAY DRIVE JBPHH HI 96853

HQ HIANG 3949 DIAMOND HEAD ROAD JBPHH HI 96816

75 KULEANA STREET KAHULUI HI 96732