Attachment 1 - Performance Work Statement (PWS).pdf

PERFORMANCE WORK STATEMENT (PWS)

Version 1

December 14, 2023

U.S. Army Yuma Proving Ground Advanced Test Data Collection, Processing and Management

Part 1

General Information

1. GENERAL: This is a non-personal service contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. 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 Advanced Test Data Collection, Processing and Management as defined in this PWS except for those items specified as government furnished property (GFP) and government furnished services (GFS). The contractor shall perform to the standards in this contract.

1.2 Background: Yuma Proving Ground (YPG) is a multi-purpose test center with diverse test capabilities and facilities. The unique combination of YPG's experienced personnel, state-of-the-art facilities, instrumentation, equipment, airspace, drop zones, firing ranges, road courses, and industrial fabrication/repair capabilities provide a comprehensive facility available for testing a wide variety of military items, both domestic and foreign, as well as commercial items. Testing is conducted on full systems, as well as system components and includes such items as: combat and general-purpose vehicles, automotive technologies, weapons and munitions, general support equipment, individual equipment, mine and countermines, sensors, aircraft, aircraft munitions, and parachute systems for personnel and equipment. YPG conducts and/or supports tests at other locations throughout the world with extensive mobile instrumentation and experienced personnel.

Over the past 5-10 years there have been significant improvement in the technology areas of Artificial Intelligence (AI), Machine Learning (ML), navigation, system modeling, big data analytics, and cloud deployment [generally called Technology Areas (TA) in this PWS]. Currently, these TA are being incorporated into Systems Under Test (SUT) and as part of Systems of Systems (SOS) that undergo Developmental Testing (DT) at YPG. However, the incorporation of these technologies into how testing is planned, executed, and reported has been limited. The purpose of this contract is to solve capability shortfalls and gaps in test capabilities by the skillful application of these TA to these problem areas. Assigning one of these problem areas to the contractor will be done by creating a project task order that describes the problem, challenges, and desired end state with deliverables. Each project will have a defined Scope of Work (SOW) or Statement of Objectives (SOO) with deliverables detailed and Period of

Performance (PoP); which is negotiated with the contactor prior to award of the Task Order. Additionally, projects may be interrelated, sequential development, or one-off efforts.

The YPG executes the aviation testing, ground testing, component/ sub-component testing, instrumentation, analysis, reporting and data management. The Air Combat Directorate (ACD) executes the YPG’s aviation DT mission, which includes aviation weapons, aircraft systems, unmanned aircraft systems, personnel airborne operations [static-line and military free fall], cargo airdrop, precision airdrop, airborne sensors, force protection sensors, and electronic warfare. The Ground Combat Directorate (GCD) executes the YPG’s ground DT mission, which includes direct fire weapons, in-direct fire weapons, ground vehicle testing, unmanned ground vehicles, and ground sensors. For success in incorporating TA into ACD and GCD projects assigned to them, a contractor must have a working knowledge of the ACD and GCD mission areas to understand the technologies utilized in each mission area, the critical physical / electronic / electromagnetic interfaces, and technological challenges that each mission presents.

In the ACD the Instrumentation Division (ID) supports testing utilizing technologies such as radar, optical tracking, GPS, video, telemetry, system response (analog and digital data), environmental, and other data collection methods. Additionally, the ID executes the post processing of data to support analysis. For success in projects assigned in the TA, a contractor must have a working knowledge of the ID’s technologies utilized to support the test mission such that physics of the technologies are understood, the capabilities/limitations of each, and how the TA could be utilized on the instrumentation itself, the data collection, and the analysis of data collected.

DT conducted at YPG is in support of the U.S. Army acquisition systems to support the development, procurement, and fielding of capabilities to the U.S. Army. The system engineering approach of the acquisition system and how YPG fits into the Test and Evaluation process is important to how SUT and SOS testing is planned, executed, and reported. Due to this a basic understanding of the U.S. Army acquisition is critical to contractor success in completing projects. This is due to the various testing interfaces, range capability limitations, the design of test, safety requirements (testing and fielding) and external reporting requirements that drive the requirements of projects and contractor interpretation of the SOW/SOO.

1.3 Objectives: The contractor shall develop custom software and interfaces that will allow for advanced test instrumentation, data processing and data management capabilities at U.S. Army YPG that utilize modern technologies of AI, ML, system navigation, system modeling, and big data analytics.

1.4 Scope: The deliverables for each project/Task Order could include but are not limited to white papers with recommendations, Analysis of Alternatives (AoA) to support future project planning, developed software, developed hardware, commercial software/hardware required for capability functionality at YPG, integration of capabilities, prototypes of new testing capabilities, custom testing solutions for a specific SUT/SOS DT, and demonstration and testing (on-site and remote) of capabilities developed.

Monthly progress reports and remote technical interchange meetings are required. At the completion of a project a Final Report will be provided that summarizes the project, the actions/work completed, conclusions and recommendations.

All software (including source code and supporting documentation) and hardware (including engineering designs) developed under a project will be delivered to the government as “unlimited rights license” as Government-off-the-shelf (GOTS), with no specifically negotiated terms in the contract restricting the Government’s use and delivered without any restrictive markings limiting the Government’s use, and include delivery of all source code, required libraries, build capabilities, and supporting documentation In Accordance With (IAW) industry standards. All supporting commercial software and hardware will be delivered as Commercial-off-the shelf (COTS) with licensing rights that extend through the end of the contract.

Experience in the TA and their application to military systems, requirements, regulations, and doctrine is critical to the success of the contractor. The application of AI and ML technologies is exceptionally broad in the types of challenges and possible solutions that they could be applied to due to broad spectrum of their capabilities and their recent / ongoing development. However, the expected typical application is to reduce workload in processing/sorting raw test data, correlation of data types, identification of signals in data, and development of technical reports. The navigation TA primarily supports the development of solutions for Time, Space, and Position Information (TSPI) based on sensor inputs (such as global positioning system (GPS), Radio Frequencies, Inertial Measurement Units, optics, acoustics…) and the correlations of various data types. System modeling TA encompasses, two primary capability areas; development of SUT/SOS models to predict performance for development of the test design/safety plan and to develop models of new test capabilities to support system design and development. The big data analytics TA primarily supports two areas: system level analysis and long-term trend analysis.

System level analysis development is focused on analysis of very large data tests for analysis of SUT/SOS performance and identification of signals in the data. Long-term trend analysis utilizing big data analytics is utilized to identify signals and trends that occur over the duration of test program, the life of a system, and/or across SOS. The cloud deployment TA is the deployment of capabilities and products developed using the other TA in a DoD cloud environment, which is expected to be the cArmy environment. The projects assigned to the contractor may use one or all of the TA. The expectation is that projects will require novel solutions to complex testing and system development problems that will be enhanced significantly due to these TA.

Software and hardware developed and acquired for a project that will be utilized on YPG networks must comply with the Defense Information Systems Agency (DISA) Security Technical Implementation Guides (STIG), NETCOM, and US Army Cyber

Command regulations and policies. Therefore, experience developing solutions for implementation onto Army networks is critical. Software developed will comply with DA PAM 25-2-5 Software Assurance and will apply the Application Software and Development STIG. Software and hardware being installed in an existing ATEC authorization boundary will be assessed via STIG(s), ACAS Scan(s), and all relevant NIST 800-53 controls prior to connection in accordance with the NETCOM Assess Only

TTP.

The security level of most projects will be at the Controlled Unclassified Information (CUI) level. However, some aspects of a project may be classified Secret or Top Secret due to how TA will be implemented and the security requirements of a SUT. Due to this, the contractor may be required to occasionally attend Secret or Top-Secret level activities at YPG and occasional classified work at the contractor’s facility as required.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): Quality Control is the responsibility of the contractor.

The contractor is responsible for the delivery of quality services to the Government (see FAR 52.246-4, Inspection of Services – Fixed-Price). The Contractor shall develop, implement, and maintain a QCP and program 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 for its internal use to ensure that it performs and delivers high-quality service. The contractor’s QCP is the means by which the contractor ensures all work complies with the requirements of the contract. The QCP identifies and corrects potential and actual problem areas throughout the entire scope of the contract.

1.6.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP shall be submitted within thirty

(30) days of contract award. After acceptance of the QCP by the COR, the contractor shall receive the contracting officer’s (KO) acceptance in writing of proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation.

1.6.1.2 The Quality Control Plan shall address as a minimum:

1.6.1.2.1 Inspection Program. Included shall be a quality control inspection program covering all general and specific tasks included in the contract scope of work. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which 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. In developing this inspection program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.

1.6.1.2.2 Deficiency Identification. The QCP shall include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS. This shall contain processes for corrective action without dependence upon Government direction.

1.6.1.2.3 Deficiency Correction. The program shall contain process control and process performance measurement procedures that shall include how the Contractor shall implement 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.

1.6.1.2.4 Documentation and Enforcement. The QCP shall include a method of documenting and enforcing quality control operations of both prime contractor and subcontractor work, including inspection and testing.

1.6.1.2.5 Trend Analysis. The QCP shall include a method of performing trend analysis and assessments through the use of metrics.

1.6.1.2.6 Surveillance Methods. The QCP shall contain specific surveillance techniques for all contract services. The surveillance methods shall be comprehensive and adaptable to the reporting system of the plan.

1.6.2 Operations Security (OPSEC) SOP/Plan Requirements: The Contractor shall implement and maintain an OPSEC program for preventing the disclosure of critical information or sensitive information which could jeopardize the Government’s ability to execute its mission or to adequately protect its personnel and/or equipment. The Contractor shall develop an OPSEC Standing Operating Procedure (SOP)/plan within 90 calendar days of contract award to the COR or KO to be reviewed and approved by the Government OPSEC Officer on the supporting installation. The SOP must contain a training plan that includes an initial OPSEC brief, continuous awareness, and annual OPSEC training. Awareness/training includes, but not limited to information disclosure via letters, conversations, photographs, resumes, electronic mail (e-mail), social media/ networking sites, dissemination of information and documents disposal. OPSEC Program shall fully comply with the provisions of AR 530-1, Operations Security.

1.6.3 Quality Assurance (QA): The government shall evaluate the contractor’s performance under this contract in IAW the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards and contract quality requirements are met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

1.6.4 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth Day

1.6.5 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0630 and 1700 Monday through Thursday, except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closing, or similar government directed facility closings unless stated otherwise in the Task Order. For other than firm fixed price contracts, 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.

1.6.6 Place of Performance: The work to be performed under this contract will be performed primarily at the contractor facilities with optional work trips to YPG to carry out field activities such as: system deployment(s), onsite support, training, etc. in accordance with this service contract.

1.6.7 Type of Contract: The Government will award a Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) service contract.

1.6.8 Access and General Protection Policy and Procedures:

1.6.8.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the U.S. Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.8.2 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information, and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured IAW Army Regulation (AR) 190-13, “The Army Physical Security Program.”

1.6.8.3 Escorts: Reserved

1.6.8.4 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the secret level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission and must maintain the level of security required for the life of the contract.

The security requirements are IAW with the attached DD Form 254, “Department of Defense (DOD) Security Classification Specification”. The Contractor shall ensure that contractor employees and sub-contractor employees performing services under this contract comply with FAR 52.204-2, Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contract will ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.8.4.1 The contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7004, Drug-free Work Force. The contractor shall conduct drug tests, ensuring all top secret cleared contractor employees are tested at least once per year, each year of the contract, as well as when there is a reasonable suspicion that an employee uses illegal drugs. The drug testing shall be at the contractor’s expense.

Positive drug test results shall be made available to both the KO and COR within 24 hours of known test results. Records of drug testing shall be made available to the

COR.

1.6.8.5 Background Check: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the State Police Department of their U.S. residence.

Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:

Full birth name Married name (if applicable) SSN or local equivalent (ID card number) Date of birth Place of birth (city, country)

1.6.8.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government.

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.8.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.8.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.8.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures

1.6.8.6.1 Contractor Common Access Card (CAC) Eligible Requirements: 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. The Contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DOD facility and access, via logon, to DOD networks on-site or remotely; (2) Remote access, via logon, to a DOD network using DOD-approved remote access procedures; or (3) Physical access to multiple DOD facilities or multiple non-DOD federally controlled facilities on behalf of the DOD on a recurring basis for a period of 6 months or more. 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. Contractor personnel shall return CAC to appropriate U.S. Government authorities within 5 days of the end of their contractual duties.

1.6.8.6.1.1 Federal Installation/Facility Access: Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.6.8.6.2. Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access: Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Director of Emergency Services, or Security Office.

1.6.8.7 Employment Eligibility: The Contractor shall ensure that all Contractor employees and sub-contractor employees performing services under this contract in the U.S. or its territories have been pre-screened for employment eligibility using the E-verify Program on the Department of Homeland Security website http://www.uscis.gov/e-verify. Personnel that have not met the employment eligibility requirement on this website are not authorized to perform services under this contract.

Verification of the eligibility check will be made available to the KO or COR upon request. This requirement is not in lieu of and does not relieve the Contractor from the I-9 Employment Eligibility Verification Forms for employment of personnel.

1.6.8.8 Access to Government Information Systems: All Contractor employees and subcontractor employees performing services under this contract who have access to a government information system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully completed the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.

1.6.8.9 Key Control: Reserved.

1.6.8.10 Lock Combinations: Reserved.

1.6.9 Post Award Conference/Contract Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, 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 will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. 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, and specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel. A letter of designation 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.

1.6.11 Key Personnel: Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" are identified by name within the contractor’s proposal and their resumes shall be submitted for evaluation during the source selection process.

The contractor agrees that such personnel shall not be removed or replaced within the performance of this contract unless the following measures are taken:

If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 15 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the KO or COR, promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.

All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the KO or COR. The KO or COR must concur in writing with the change.

If the KO or COR determines that suitable replacement of Key Personnel is not timely, or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the KO may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The following personnel are considered key personnel by the government: Contract Manager.

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Qualifications for all key personnel are listed below:

The Contract Manager must have no less than five years of experience working on DoD affiliated contracts and have familiarity with all appropriate statutes, policies and regulatory bindings that are typical of these types of contracts.

1.6.12 Special Qualifications or Certifications: The contractor shall develop all software in accordance with the best commercial standards. The source code shall be fully documented to the best commercial standards in the form of a software development document (SDD), as well as providing all source code to the Government. The contractor shall guarantee code integrity by taking full responsibility for addressing any potential software bugs that might surface during new code development. All items shall pass a comprehensive function and acceptance test after any repairs, modifications, enhancements, maintenance, and improvements. Full documentation will accompany all items returned to the end user. The contractor shall provide, at a minimum, their standard commercial warranty of at least one year (360 days) on all services and supplies. The warranty period will begin upon receiving items at the YPG technical facility, and components or system physically evaluated; 90 days shall be allotted for a Site Acceptance Test (SAT) once the component or system arrives at YPG before warranty period begins.

1.6.12.1 IA/IT Training Certification: All Contractor employees and subcontractor employees supporting IA/IT functions must be certified upon contract award as directed in DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2. Baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.13 Identification of Contractor Employees: Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc.

1.6.13.1 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractors’ employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within 5 days of the end of their contractual duties.

1.6.13.2 Uniform: Reserved.

1.6.14 Contractor Travel: Reserved.

1.6.15 Other Direct Costs (ODC): Reserved.

1.6.16 Data Rights: The Contractor shall deliver data and software (with applicable data rights) as set forth in this PWS. In accordance with DFARS 252.227-7013, 7014, 7016, 7017,7019, 7028, 7030, 7037 and DFARS 252.227-7103.6, the Government obtains under this Contract “Unlimited Rights” to all non-commercial computer software, software source code, computer software documentation, enhancements, technical data, and similar non-commercial data developed exclusively at Government expense and delivered to the Government under this contract. “Unlimited Rights” means rights to use, modify, reproduce, release, perform, display, or disclose in whole or in part, in any manner and for any purpose whatsoever, and to have the ability to authorize others to do so.

For all non-commercial software provided by contractor, contractor shall ensure that any individual who creates any of the computer software provides an assignment of any and all proprietary rights in the computer software including all copyrights and patent rights to the software so that the Government has the unlimited rights to the software specified above. It is the contractor's obligation to ensure compliance with all open-source covenants or requirements if any open-source software is included in any deliverable.

The Contractor shall embed the following Code Header in all software components delivered to the Government:

/// SECURITY CLASSIFICATION: CUI

/// UNLIMITED RIGHTS

/// DFARS Clause reference: 252.227-7013 (a)(16) and 252.227-7014 (a)(16) /// Unlimited Rights. The Government has the right to use, modify, reproduce, release, /// perform, display or disclose this (technical data or computer software) in whole or in /// part, in any manner, and for any purpose whatsoever, and to have or authorize others /// to do so.

/// Distribution Statement D. Distribution authorized to the Department of Defense and /// U.S. DoD contractors only in support of US DoD efforts. Other requests shall be /// referred to the Contracting Officer’s Representative (COR).

/// Warning: This document contains data whose export is restricted by the Arms Export /// Control Act (Title 22, U.S.C., Section 2751, et seq.) as amended, or the Export /// Administration Act (Title 50, U.S.C., App 2401 et seq.) as amended. Violations of /// these export laws are subject to severe criminal and civil penalties. Disseminate in /// accordance with provisions of DoD Directive 5230.25.

The Contractor agrees that regardless of how Contractor-provided data/software is developed or modified during Contract performance, the Contractor shall deliver data/software marked in accordance with requirements in DFARS 252.227-7013, 252.277-7014, or other applicable DFARS references. All documentation provided under this Contract is a deliverable to the Government, and the Government has Unlimited Rights to said documentation.

For commercial data delivered under this contract, the Government has the right to use, modify, reproduce, release, display, or disclose, in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so. (Refer to DFARS 252.227-7015 Technical Data, Commercial Items). All deliverables shall be made electronically via email IAW CDRL DD1423 instructions. If a delivery is submitted via email and the size or the firewall prevents its delivery, the Contractor shall provide a Secure File Transfer Protocol site that allows the Government to download the deliverable. If a site is not available or not feasible, the Government will make one available to the Contractor. In case no sites are available, the Contractor shall deliver via compact disk/digital videodisk (CD/DVD). The CD/DVD must be properly labeled to identify the content to include classification, version number, and date.

Data items shall be prepared in accordance with the most recent version of the applicable DID, tailored when approved by the Government. DIDs are available on the “Assist Quick Search” website, http://quicksearch.dla.mil/qsSearch.aspx.

Where not specified by the Government, the Contractor shall prepare deliverables in Contractor format.

All software (including source code and supporting documentation) and hardware (including engineering designs) developed under a project will be delivered to the government as “unlimited rights license” as Government-off-the-shelf (GOTS), with no specifically negotiated terms in the contract restricting the Government’s use and delivered without any restrictive markings limiting the Government’s use, and include delivery of all source code, required libraries, build capabilities, and supporting documentation IAW industry standards. All supporting commercial software and hardware will be delivered as Commercial-off-the shelf (COTS) with licensing rights that extend through the end of the contract.

1.6.17. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.)

Section 552a.

1.6.17.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

1.6.17.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.6.17.3 Information Assurance: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging.

Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.6.18 Organizational Conflict of Interest (OCI)

(a) Work under this contract may create a future organizational conflict of interest (OCI) in the way of unequal access to information that could prohibit the Contractor from competing for or being awarded future Government contracts. It is not the intention of YPG to foreclose a vendor from a competitive acquisition due to a perceived OCI. YPG Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the Contracting Officer. The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect YPG’s policy for competition.

YPG is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of YPG, the Army, or the legitimate business interests of the vendor community.

(b) Mitigation plans. The Contractor shall review its OCI mitigation procedures to avoid any potential OCI created by performance under this contract. The Contractor shall submit the reviewed OCI mitigation plan to the Contracting Officer no later than thirty

(30) days after award. YPG reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interests of YPG or the Army.

Additionally, after award, the YPG will review OCI mitigation plans, as needed, in the event of changes in the vendor community due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable organizational conflict of interest.

(c) Potential Organizational Conflict of Interest. Unequal access to information. Access to "nonpublic information" as part of the performance of an Army contract could provide the Contractor a competitive advantage in a later competition for another Army contract.

Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the Army procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan. Alternatively, the "nonpublic information" may be provided to all vendors.

1.6.19 Phase-in/Phase-Out (PIPO) Period: [Reserved]

1.6.20 General Training Requirements:

1.6.20.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR or KO within 10 calendar days after completion of training by all employees and subcontractor personnel. For Common Access Card (CAC) holders, AT Level I awareness training is available at https://jkodirect.jten.mil, course number “JS-US007-14”. For non-CAC holders, AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html (this standalone version is intended for non-CAC users without a JKO account only). Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local AT Officer at their assigned location for classroom training by a Level 2 trained AT Officer and a copy of either the training certificate or the training attendance roster signed by the AT Officer will be maintained by the Contractor. Verification of the training will be provided to the COR or KO within 10 calendar days after completion of the training.

1.6.20.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.6.20.3 Information Assurance (IA) Training: Contractor employees, including subcontractors, requiring access to Government information systems shall complete the

DOD IA Cyber Awareness Training. All employees working information technology (IT)/IA functions must comply with DOD and Army training requirements per DOD Directive (DODD) 8570.01, Information Assurance Training Certification and Workforce Management, DOD 8570.01-M, Information Assurance Workforce Improvement Program, and AR 25-2, Information Assurance, within 30 days of employment. Training is available at https://ia.signal.army.mil/DODIAA/default.asp.

1.6.20.4 Information Assurance (IA)/Information Technology (IT) Training: All Contractor employees and subcontractor employees requiring access to Government information systems must complete the DoD IA awareness training before issuance of network access and annually thereafter. All employees working IA/IT functions must comply with DoD and Army training requirements in Per DoD 8570.01, DoD 8570.01-M, and AR 25-2, within 30 days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.6.20.5 Threat Awareness Reporting Program (TARP Training): Within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract and require a security clearance, shall complete TARP training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the Government Representative within 10 calendar days after completion of training by all employees and subcontractor personnel. TARP training is available at the Army Learning Management System (ALMS) https://www.lms.army.mil/. Training must have been completed within the last 12 months and maintained3 yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local Counter Intelligence (CI) Officer at their assigned location for classroom training and a copy of either the training certificate or the training attendance roster signed by the CI Officer will be maintained by the Contractor. Verification of the training will be provided to the KO or COR within 10 calendar days after completion of the training.

1.6.20.6 iWATCH Training: The Contractor will ensure that all Contractor employees and sub-contractor employees performing services under this contract have been briefed on the iWATCH Program, or equivalent for their supporting DoD Agency, within 30 days of employment under the contract. The Contractor will coordinate with the supporting DoD Agency AT Officer through the COR or KO for the briefing. This training will be updated as required by the supporting installation AT policies. A copy of the training attendance will be maintained by the Contractor and made available to the COR or KO upon request.

1.6.20.7 OPSEC Training: All Contractor employees and sub-Contractor employees performing services under this contract will complete Level I OPSEC training within 30 calendar days of employment under this contract. OPSEC Level I training is available at https://jkodirect.jten.mil, course number “EUC-ECJ6-110-N-LB”. Training must have been completed within the last 12 months and maintained yearly thereafter.