ATT 2 Draft Cyber CDID ID-IQ PWS.pdf

PROCUREMENT SENSITIVE INFORMATION – NOT FOR PUBLIC

RELEASE SAFEGUARD IAW FAR 3.104 (PROCUREMENT INTEGRITY ACT)

PERFORMANCE WORK STATEMENT (PWS)

for

Cyber Capability Development Integration Directorate, Future Concepts Center, Army Futures Command

Cyberspace, Electronic Warfare, Signal, and Information Related Capabilities Modernization Support to the Cyber Center of Excellence

Indefinite Delivery, Indefinite Quantity (ID/IQ)

Rev: APRIL 8, 2020

HEADQUARTERS

Cyber Capability Development Integration Directorate

FORT GORDON, GA 30905-5000

RELEASE SAFEGUARD IAW FAR 3.104 (PROCUREMENT INTEGRITY ACT)

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide the US Army Cyber Capability Development Integration Directorate (CDID) with support services in the following capability areas:

1. Operations, Administration, and Program Management

2. Experimentation and Evaluation

3. Concept Development

4. Requirements Development

5. Analytical Support

6. Force Modernization Proponent Integration o Capability Management o Force Design o Doctrine, Organization, Training, Materiel, Leadership and

Education, Personnel, and Facilities (DOTMLPF) Integration o Threat and Operational Environment (OE)

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The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Capability Modernization as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services.

The contractor shall perform to the standards in the PWS, Task Order PWS and Performance Requirements Summary (PRS).

1.2 Background: In support of Army Futures Command, Futures & Concepts Center, and General Support to the Cyber Center of Excellence the Force Modernization Proponent for Cyberspace Operations, Signal/Communications, and Electronic Warfare, Cyber CDID develops, evaluates, integrates, and communicates concepts, requirements, and solutions across DOTMLPF, Warfighting functions, and formations to improve the Army and ensure the combat effectiveness of the future force.

1.3 Objectives: This indefinite delivery, indefinite quantity (ID/IQ), multiple award task order contract (MATOC) will require vendors to research, conceptualize, produce, develop, communicate, analyze, engineer, evaluate, review, and inform products required to develop capability requirements for the modernization Signal/Communications, Cyberspace Operations, Electronic Warfare, and Information Related capabilities.

1.4 Scope: As an independent contractor and not as an agent of the Government, the contractor(s) shall provide all labor, material and services, except as specified to be furnished by the Government, necessary to perform the types of tasks specified herein. The specific work to be performed under this contract shall be initiated through the issuance of individual task orders in accordance with the solicitation. Individual task order PWSs shall include definitive task requirements, deliverables, and special requirements.

Performance under each task order shall follow the Schedule for submission of deliverables along with In-Progress Reviews (IPR) stated therein. Specific requirements under this contract will be identified at the task order level.

1.4.1 The Government and the contractor understand and agree that the work described in this contract and task orders issued under the contract is a "Non-personal Services Contract" as defined in FAR Part 37.101. Therefore, it is further understood and agreed that the contractor and/or sub-contractors and/or contractor/sub-contractor employees:

(1). Shall perform the services described herein as independent contractors, not as employees of the Government.

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(2). Shall NOT be placed in a position where they are under the supervision, direction or evaluation of a federal employee, military or civilian, but shall, pursuant to the Government's right to inspect, accept or reject work, comply with such general direction of the Contracting Officer or the duly appointed representative of the Contracting Officer as is necessary to ensure completion of the contract objectives.

(3). Shall NOT be placed in a position of command, supervision administration or control over DA military, civilian personnel, or personnel of other contractors, or become part of the Government organization.

(4). Shall perform services on contract/task order and does not create an employer-employee relationship, the entitlements and benefits applicable to such relationships do NOT apply.

1.5 Ordering Period: The period of performance shall be for a five (5) year ordering period beginning January 2021.

1.6 General Information

1.6.1 Quality Control: The contractor is responsible for the quality of the products/services delivered under the terms and conditions of this contract and all task orders to this contract. The contractor shall develop and maintain an effective Quality Control Plan/Program (QCP) that is acceptable to the Government. The plan shall ensure all products/services required by this master indefinite delivery indefinite quantity (ID/IQ) contract and all task orders are delivered in accordance with all the requirements of this PWS as well as the associated task order PWSs. The contractor’s QCP shall implement procedures which identify, prevent, and ensure non-recurrence of defective services. The QCP shall be delivered to the Government within thirty (30) days of contract award and the Government will have ten (10) working days to review and accept or send the plan back for revision. In the event revisions are required the contractor shall make the appropriate revisions and return the revised QCP to the Government within five (5) working days of receipt of notification to revise. After acceptance of the QCP by the Contracting Officer any future proposed revisions must be submitted to the Contracting Officer’s Representative (COR) and Contracting Officer for approval.

1.6.2 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the IDIQ MATOD and individual TO Quality Assurance Surveillance Plans (QASP). The QASP is a Government only document primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The contractor shall not perform work on days when legal public holidays are observed by federal employees whose basic workweek

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is Monday through Friday unless an exception is specified in the individual task order. When a legal public holiday occurs on a Saturday or Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. Legal public holidays are established in 5 U.S.C §6103 and include:

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents’ Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 – 1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will not be reimbursed when the Government facility is closed for the above reasons. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.5 Place of Performance: The place of performance shall be specified in each task order. Primary places of performance is the US Army Cyber Center of Excellence (CoE), Fort Gordon, Georgia, specified Government facilities, and contractor's facilities. If place of performance changes, a modification to the task order will be issued by the Contracting Officer. Place of duty will be specified in the event of contractor travel.

1.6.6 Type of Contract: The Government will award a multiple award task order contract (MATOC).

1.6.7 Security Requirements: Due to the sensitive nature of working with Warfighter requirements, known system vulnerabilities, and mission gaps, contractor employees performing on this contract and all task orders must be U.S. citizens and have at a minimum a SECRET clearance on work performance start date. The highest security level involved in this contract is TOP SECRET with access to Secure Compartmentalized Information (SCI), depending on task order requirements. Security requirements will be stated in each task order. The contractor shall acquire the clearances and all contractor employees shall maintain the minimum required security clearance throughout the life of the supported task order. The security requirements are in accordance with the attached DD254 (Attachment 1 DD 254).

1.6.7.1 The contractor shall ensure that classified data is controlled, protected, and safeguarded in accordance with AR 380-5 and current Army and DOD policy. Information classified up to TOP SECRET shall be accessed and stored in Government spaces only. The contractor shall agree that any data furnished by the Government to the contractor shall be used only for performance under this PWS and task order PWSs, and all copies of such data shall be returned to the Government upon completion of this effort. Compliance with DD 254, Department of Defense Contract Security Classifications Specifications, is required.

1.6.7.2 The contractor Facility Security Officer (FSO) shall ensure there is a procedure for all terminated employees to out process the installation.

1.6.7.3 PHYSICAL Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use in accordance with Army Regulation (AR) 190-13 and AR 190-51. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.7.4 Key/Token Control: The contractor shall establish and implement methods in accordance with AR 190-11 to make sure all keys/key cards issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards and tokens. No keys issued to the contractor by the Government will be duplicated.

The contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer and Key Control Officer/Security Officer.

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

1.6.7.4.2. The contractor shall prohibit the use of Government issued keys/key cards to 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

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assigned work in those areas, or personnel authorized entrance by the Contracting Officer’s Representative.

1.6.7.5 Lock Combinations/Access Control Codes. The contractor shall establish and implement methods of ensuring that all lock combinations/access control codes are not revealed to unauthorized persons. The contractor shall ensure that lock combinations/access control codes are changed when personnel having access to the combinations/access control codes no longer have a need to know or are no longer employees of the company. These procedures shall be included in the contractor’s Quality Control Plan.

1.6.7.6 The contractor shall adhere to local Operations Security (OPSEC) policies and procedures of the Government requiring activity. When conducting contractor travel in support of this work effort, the contractor shall also adhere to any OPSEC policies and procedures in effect at TDY locations.

1.6.7.7 Installation Access: All contractor employees, including subcontractors, shall comply with applicable installation and facility access security policies and procedures at all work and TDY locations. All contractors and subcontractors will be issued a Common Access Card (CAC) or an Installation Pass issued through the Automated Installation entry (AIE) Security System to access the installation.

The Fort Gordon military installation is a limited access post. Unscheduled gate closures by the military police may occur at any time. In accordance with Army Regulation 525-13, paragraph 5-19, all prospective contractors shall undergo a verification process by the installation Provost Marshal Office, Director of Emergency Services to determine the trustworthiness and suitability prior to being granted access to federal property. This will be accomplished using the National Crime Information Center (NCIC) Interstate Identification Index (III). This is the minimum baseline background check for entrance onto Army Installations for non- CAC holders to include entrance of visitors (Ref AR 190-13, paragraph 8-2). All personnel entering or exiting the installation may experience a delay due to vehicle inspections, registration checks, verification of seat belt use, etc. All vehicles and personnel are subject to search and seizure. The search and seizure provisions shall apply to contractor personnel while within Fort Gordon's area of jurisdiction.

Contractor personnel shall comply with all entry control requirements and security policies/procedures in effect. Security procedures may change without notice.

1.6.7.8 SIPRNET access is required to perform tasks under this contract. Each TO PWS will identify tasks/contract employees that are required to have SIPRNET access. The contractor is not authorized to access, download or further disseminate any classified information from SIPRNET which is outside the scope of the defined contract requirements unless specifically authorized in writing by the Government Program Manager and the KO. The contractor must complete and forward to the COR, a SIPRNET Access Request Form for approval by the Requiring Activity SIPRNET Information Assurance Manager (IAM) prior to receiving access. NOTE: A NATO Awareness brief and acknowledgement is

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required for all personnel prior to access to the SIPRNET. Since the SIPRNET contains NATO information, a NATO Awareness briefing informing personnel how to protect NATO information is mandatory for everyone who requires access to the SIPRNET. A written acknowledgment shall be maintained by the COR.

1.6.7.9 Cybersecurity (formerly Information Assurance (IA)/Information Technology (IT)) Training. All contractor employees and associated subcontractors must complete the DoD Cyber Awareness Challenge Training (https://ia.signal.army.mil/DoDIAA) upon task order award and annually thereafter. Certificates of successful completion, for both initial awareness training and annual refresher training shall be provided to the COR via the Army Training and Certification Tracking System (ATCTS). All contractor employees will successfully complete all required IA training as specified in AR 25-2 and as directed by the Government. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M, DoDD 8140.01, and AR 25-2.

1.6.7.10 Cybersecurity (formerly Information Assurance (IA)/Information Technology (IT)) Certification. Per DoD 8570.01-M, / DoD 8140 DFARS 252.239.7001, and AR 25-2, the contractor employees' supporting IA/IT functions shall be appropriately certified upon task order award. The baseline certification must be completed as stipulated in DoD 8570.01-M / DoD 8140.

1.6.7.11 Annual Security Refresher Training. All contractor employees, including subcontractors, assigned to this contract shall complete the online Annual Security Refresher Training located on the Army Learning Management System (ALMS) site. Log into AKO, “Self Service”, “My Training”, “ALMS”, “Go to Mandatory Training”. Training must be completed within 30 days of task order award. The contractor shall submit certificate of completion for each affected contractor employee and subcontractor employee to the COR and unit/activity security manager. (Ref ALARACT 207/2013, DTG 291848Z Aug 13, Subj: Army Wide Rollout and Requirement for Standardized Computer Web-Based Security Training on the ALMS website.

1.6.7.12 Anti-Terrorism (AT) Level I Training. All contractor employees, including subcontractors, assigned to this contract shall receive an initial Antiterrorism Level I Brief by a certified ATO Level II Officer within 30 days of task order award. (Monthly briefings will be offered by the Garrison Antiterrorism Officer.) Annual refresher Antiterrorism Level I Training shall be completed on-line at https://atlevel1.dtic.mil/at/ or they may attend the monthly training offered by the Garrison ATO. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and unit/activity security manager. (Ref Department of the Army, US Army Contracting Agency, SFCA-CO, 5 Sep 07, subject: Incorporation of Measures into the Contracting Process and AR 525-13, Antiterrorism). Note: Contractor personnel shall receive an AOR briefing when traveling OCONUS on TDY.

https://ia.signal.army.mil/DoDIAA https://atlevel1.dtic.mil/at/

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Briefing must be provided by a certified ATO Level II Officer within 7 working days prior to TDY departure outside the 50 United States, its territories, and possessions. This is separate from the normal annual AT Level I training requirement. (Ref AR 525-13)

1.6.7.13 iWATCH: All contractor employees, including subcontractors, assigned to this contract shall receive a brief on the local iWATCH program (provided in conjunction with the AT Level I Training). This 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 30 days of task order award and annual refresher training with the results reported to the

COR.

1.6.7.14 Operation Security (OPSEC) Training. All contractor employees, including subcontractors, assigned to this contract shall complete Level I OPSEC training within 30 days of task order award and then annually thereafter. Initial Level 1 OPSEC training will be conducted monthly by the Garrison OPSEC Officer or a Level II certified OPSEC Officer. Annual refresher training shall be completed on-line at http://cdsetrain.dtic.mil/opsec/index/htm. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and unit/activity security manager. (Ref AR 530-1, Operations Security). The contractor shall adhere to local OPSEC policies and procedures of the Government requiring activity. When in a TDY status in support of this work effort, the contractor shall also adhere to any OPSEC policies and procedures in effect at TDY locations.

1.6.7.15 Threat Awareness and Reporting Program (TARP) Training. All contractor employees, including subcontractors, assigned to this contract shall complete TARP training within 30 days of task order award and then annually thereafter. TARP training will be conducted monthly by the 902nd MI Group.

The COR will ensure contractors are notified of available training. Completion of training shall be reported to the COR and the unit/activity security manager. (Ref

AR 381-12).

1.6.7.16 Derivative Classification Training: Within 30 days of task order award all contractor employees assigned to this contract shall complete Derivative Classification Training, in accordance with Volume 2 of DoD Manual 5200.01, “DoD information Security Program.” Derivative classification is the act of reproducing, extracting, summarizing, incorporating, paraphrasing, restating, or generating, in a new form, information already classified and marking the newly developed material consistent with the classification and marking applied to the source information. Contractor employees shall have the Initial Derivative Classification Course (course number IF103.16) at from the Center for Development of Security Excellence (CDSE) online at https://cdse.usalearning.gov. After the initial course, contractors may take the refresher course, course number IF109.16, to fulfill this annual requirement.

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Contractor employees with TS/SCI clearances shall take CDSE course SCI100.16, Sensitive Compartmented Information Familiarization (SCI) Refresher Training annually.

1.6.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.9 Contracting Officer Representative (COR): The COR will be officially appointed to the contractor, in writing, by the Contracting Officer. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies;

coordinate availability of Government furnished property, and provide site entry of contractor personnel. A letter of appointment issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The contractor shall provide program managers/site-leads as specified in individual task orders who shall be responsible for the performance of the work. Program managers/site-leads shall provide liaison between Government project leads, contract program manager(s), and the COR/KO. The name, resume, and letter of intent for this person and an alternate who shall act for the contractor when the manager is absent shall be provided to the Contracting Officer prior to task order start date. The program manager/site-lead or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. Program managers/site-leads or alternate shall be available during established hours of operation, Monday thru

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Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.6.10.1 Personnel Training Requirements: Personnel Training Requirement Documentation: The contractor shall provide the Contracting Officer Representative proof of education, training, qualifications, and verification of security clearance for all contractor employees prior to contract start date and when new contractor employees are hired. COR will inform contractor if necessary qualifications are not adequately documented. Upon notification of inadequately documented qualifications the contractor shall provide additional documentation within five (5) working days (or longer with approval of COR) or replace contractor employee with qualified substitute.

1.6.11 Special Qualifications: See appendix A for task specific qualification requirements.

1.6.12 Identification of contractor Employees: In accordance with FAR 37.114 contract employees shall identify themselves as a contractor at all times while on the job, e.g., in the workplace, when attending meetings, in email, when answering Government telephones, or when making phone calls.

1.6.12.1 Common Access (CAC) Badges: Each Contractor employee will be required to obtain a CAC issued by the Government. Each Contractor employee’s name social security number, date of birth and email address will entered into a database (by the COR called the Contractor Verification System (CVS). CVS is automated system to allow Contractors personal information to be verified when applying for a new or renewal Government identification card referred to as the CAC. Once the Contractor employee’s information is registered, the COR will electronically forward the form to the contractor. Each contractor employee is required to electronically fill out the CAC request form.

Once the form is properly filled out, the COR will verify that they authorized and required to have a CAC. The contractor employees will be directed to go to the designed in processing facility and obtain the CAC. Should an employee leave prior to the contractor expiration, the contractor is responsible for ensuring the immediately be delivered to the COR for cancellation upon the release of any employee. Failure, inability, or delay in obtaining the CAC does not relieve the contractor from performing under terms of the contractor. Contractor employees must maintain possession of issued Common Access Cards at all times when performing work under this contract.

1.6.12.2 Display of CAC Badges: When not in use as authentication, contractor personnel shall wear the CAC as a badge when performing work under this contract to include attending government meetings and conferences. Unless otherwise specified in the contract, each contract personnel shall wear the CAC

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badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

1.6.12.3 Answering Telephones. Contractor personnel shall identify themselves as contract employees when answering and making calls on Government telephones.

1.6.12.4 Utilizing Electronic Mail.

When contractor personnel send e-mail messages to Government personnel while performing on this contract, the contractor personnel e-mail addresses shall include the company name together with the person’s name (ex: John Smith, contractor, ABC Company). When any contractor personnel require access to a Government computer, the contractor personnel shall be required to obtain a CAC. To do so, the contractor personnel shall request a CAC Card through the COR, and shall complete an automated DD Form 1172-2 application through the) Trusted Agent Sponsorship System. The Government issued CAC is the property of the U.S. Government and shall be returned to the COR upon expiration of the contract, replacement or termination of the contract employee. (CAC card shall be turned in to the COR on contractor’s last day of employment.) Unauthorized possession of the CAC can be prosecuted criminally under section 701, title 18, United States Code. All contractor employees shall conduct official communication using Government-owned or provided e-mail, networks, websites, systems, and devices. The use of commercial ISP e-mail accounts or personal e-mail accounts to conduct official communication is prohibited. Remote access / telework technology may be leveraged to ensure compliance with these requirements. Contractor employees are prohibited from using Army-assigned, AKO, and other official e-mail addresses for unofficial business affiliations.

Personnel shall not provide official e-mail addresses to businesses, affiliated organizations, or online retailers; unless those entities are known by personnel to be legitimately engaging in official business.

1.6.13 Contractor Travel: The contractor shall perform official contract travel to CONUS and OCONUS locations as required by task orders under this contract.

Additionally, the contractor shall be able to maintain any required host nation authority, licenses, or other permission to operate within the country.

1.6.13.1 When the contractor is required to travel within the CONUS and OCONUS to support tasks and requirements described within this PWS and/or a task order PWS, SIGACT reports shall be completed and submitted to the Government in accordance with corresponding deliverable.

1.6.13.2 The contractor shall provide a cost estimate to the COR and obtain the COR’s approval prior to travel. Travel shall not commence prior to obtaining the COR’s approval. Reimbursement for travel will be IAW the Federal Acquisition Regulation (FAR) 31.205-46. The contractor shall submit invoices for reimbursement citing the appropriate contract line item (CLIN). All supporting

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documentation for travel shall be legible, error free, and shall state the exact amount the Government owes the vendor.

1.6.13.3 Travel costs shall be deemed reasonable and allowable only IAW FAR 31.205-46. Travel is designated as a Cost Reimbursable expense. Invoices shall have complete supporting documentation of costs attached with an itemization of costs by trip/personnel. The contractor will be paid incurred costs and Per Diem and travel in accordance with Joint Travel Regulations. The contractor must provide proof of the actual amount paid to the employee. Unsubstantiated costs will not be allowed. Maximum use shall be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. All necessary travel meeting the above criteria shall be approved in advance by the COR or other designated Government representative. Explicit written approval of the COR or other designated Government representative is required for all travel. Exceptions to these guidelines shall be approved in advance by the Contracting Officer or his/her Designee. The COR/other designated Government representative will give the contractor a minimum of 5 workday notice of a scheduled trip. The Government representative may change a scheduled trip by giving 2-days written notice, provided no costs have been incurred by the contractor. The contractor shall be required to travel when determined necessary by the Government. The contractor shall notify the COR before chargeable costs exceed the “not to exceed” funding provided on the order.

1.6.13.4 The contractor shall use only the minimum number of travelers and rental vehicles needed to accomplish the mission. Travel will be by the most economical carrier and scheduled during normal business hours, whenever possible. No Cost changes to the travel schedule may be made by the designated Government representative up to the point of departure.

1.6.13.5 Since the actual number of days for each travel cannot be pre-determined the contractor shall be required to comply with U.S. Army Regulation 715-9, Operational Contract Support Planning and Management, dated 20 June 2011. This regulation addresses how contract employees in an Area of operations are supported by a unit and the relationship to the unit. The only time this would apply is when a contractor is sent OCONUS to work within a unit.

1.6.13.6 Subsequently, Non-Unit Related Personnel (NRP) deploying for less than 30 days will not process through CONUS Replacement Component (CRC) and may receive an exception to processing based upon individual case-by-case

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requirements as coordinated with the designated CRC. Pre-approved travel and material expenses may be billed back to the Government under this contract.

1.6.13.7 OCONUS Travel: The Government will provide the contractor with the following:

1.6.13.7.1 Communications: The Government will provide the contractor access to email and mission related networks; Intra Theater and CONUS voice and fax communications capabilities as required to perform the mission.

1.6.13.7.2 Lodging and meals: The Government will provide lodging in the Area of Responsibility (AOR) as available. Government meals are available at cost established by Coalition Forces Land Component Command. The Government will provide laundry, bath and sanitation facilities.

1.6.13.7.3 Force Protection/Security: While performing duties in accordance with the terms and conditions of the contract, the Army Theater Commander will provide force protection to contractor employees commensurate with that given to Department of the Army civilians in the operations area unless otherwise specified.

1.6.13.7.4 Other Direct Costs (ODCs) associated with OCONUS Travel. The contractor may be required to provide other direct materials in support of OCONUS travel. All contractor furnished materials associated with travel requires Government approval and will be authorized to the extent that is necessary for performance of this requirement and allowable under procurement regulations.

Labor is not permitted to be proposed as an ODC. Some typical associated ODCs are: medical exams, DBA insurance, and uplifts on pay, danger/post hardship.

1.6.13.7.5 Synchronized Pre-deployment and Operational Tracker (SPOT) Requirement: In accordance with the DoD Business Rules for SPOT found at https://spot.dmdc.mil work visas for contractor employees shall be entered into SPOT. This information is necessary to provide visibility of visa status for contractors supporting ongoing military operations, particular in countries where transitions are taking place that effect visa processes.

1.6.14 Data Rights: Data Rights shall be governed by the applicable FAR and DFARS data right clauses incorporated in this contract.

1.6.15 Organizational Conflict of Interest:

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 Organizational Conflict of Interests

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(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. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect 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.

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

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

(3) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

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

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a

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contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

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

(1) The contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components. (FAR 9.505-1).

(2) The contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant. (FAR 9.505-2).

(3) The contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The contractor will objectively

RELEASE SAFEGUARD IAW FAR 3.104 (PROCUREMENT INTEGRITY ACT)

evaluate or advise the Government concerning products or activities of any prospective competitors. (FAR 9.505-3).

(4) 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 Contracting Officer.

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

e. Non-Disclosure Agreements. The contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The contractor will 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.

f. Training. The contractor shall effectively educate its employees, 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 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.

g. Subcontracts. The contractor agrees that it will include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to

RELEASE SAFEGUARD IAW FAR 3.104 (PROCUREMENT INTEGRITY ACT)

information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "subcontractor" for the word "contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

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

j. Representations and Disclosures.

(1) The contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

(2) The contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the

RELEASE SAFEGUARD IAW FAR 3.104 (PROCUREMENT INTEGRITY ACT)

Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. (FAR 9.503).

1.6.15.1 Disclosure of Activities or Information. The contractor shall not divulge or cause to be divulged any information accessed and obtained during the course of performing tasks to other contractor staff or anyone outside the Government. In addition to any organizational conflict of interest provision, contractor employees assigned may be required, prior to beginning work, to sign a non-disclosure statement for the Government agreeing not to share any information or data with other contractor personnel not assigned to the project or, if assigned to the project, who has not signed a non-disclosure statement.

Signed nondisclosure statements shall be furnished to the COR prior to contract performance. Final authorship and copyright of any deliverables shall reside with the Government to include all training materials developed under this contract.

The contractor shall identify any organizational conflict of interest clauses they or their subcontractors are subject to, current or within three years of federal Government contract services, by providing, with their offer, a copy of the clause, a description of the contract services performed, a contract number, a Governmental point of contact, and a phone number for that point of contact.