Attachment 5 _ PWS Template Agile professional Services 20260917.docx

Performance Work Statement (Includes associated Performance Requirements Summary (PRS)

The Offeror shall tailor this example document to the Acquistion of Professional Services (APS) Requirement. Ensure this cover page and all areas providing instructional or sample language (red and or italicized font) are deleted before finalizing and submitting the document.

IAW AR 25-50, this Sample is presented in size 12 Arial font and the final document is recommended to follow same format.

Page breaks between parts (e.g. Part 1 General Information and Part 2 Definitions & Acronyms) shall be maintained.

The purpose of this template is to assist the Offeror in drafting a PWS which addresses performance objectives, standards, and acceptable quality levels required for the APS contract.

Information and guidance on how to use this sample is located below and throughout this document.

1) Black font in the PWS contains standard, technically acceptable language that should not be altered by the Offeror. The Offeror may augment sections containing black font, but must provide justification for changes.

2) If the Offeror does not believe a paragraph is required, the number and title of that paragraph must remain in place and the Offeror shall enter the word “RESERVED”.

3) General instructions, fill-in prompts, guidance and information provided for the Offeror’s consideration as is Example language and should not be taken as required, unless in black font.

4) Deliverables / Submittals are identified in {red bold italics} font within red bold braces. Identification of a deliverable / submittal prompts the Offeror to insert the identification number assigned to the deliverable and must be in sequential order of appearance within the PWS. All deliverables that will be required must be listed by the Offeror in Part 7 Attachment 2 of the PWS.

5) Parts 2, 6, and 7 of this PWS contain definitions and acronyms typically used in the acquisition field, applicable publications, manuals, and regulations listed in the PWS, and attachment/technical exhibits, respectively. These parts shall all be reviewed by the Offeror and augmented as needed to ensure terms, publications, attachments/technical exhibits are properly identified in this PWS.

6) This document provides information and sample language applicable to both CONUS and OCONUS requirements. The APS requirement has both CONUS and OCONUS service requirements.

PERFORMANCE WORK STATEMENT (PWS)

(Insert Title of the Requirement) (Date)

Part 1 General Information

REMINDER - DELETE ALL INSTRUCTIONAL INFORMATION PRIOR TO FINALIZING THE PWS

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: The purpose of this acquisition is to obtain Agile Professional Services (APS) to enable an enterprise-wide transformation of the Government's service contracting capability. This contract shall provide highly functional, outcome-focused, engineering specialist, acquisition, cloud computing, artificial intelligence, cyber security, logistics, financial management, and headquarters support services. By shifting from legacy "designated-personnel" staffing models to an Agile, task-based enterprise capacity architecture, this effort will enable the U.S. Army Capability Program Executive Simulation, Training, Test and Threat (CPE ST3) to rapidly and flexibly develop, deliver, and sustain cutting-edge simulation, training, test and threat capabilities for domestic and international Warfighters through highly skilled human capital.

To maximize efficiency, eliminate redundancies, and fully leverage cross-functional talent pools, this acquisition consolidates all previous Systems Engineering and Technical Assistance (SETA) and professional support contracts into a single, comprehensive commercial services vehicle.

This requirement covers the comprehensive intellectual capital lifecycle support of ST3's diverse portfolio of more than 370 simulation, training, testing, and threat products deployed at more than 400 locations worldwide. These commercial services directly support the Department of War (DoW) and Allied Partners to enhance combat readiness, interoperability, and multi-domain operational effectiveness and ensuring statutory and regulatory requirements are met for DoW acquisition programs.

Additionally, Foreign Military Sales (FMS) support requirements are within the scope of this services contract. The Contractor must demonstrate robust processes for managing the unique aspects of FMS requirements as well as export compliance, and International Traffic in Arms Regulations / Export Administration Regulations (ITAR/EAR).

1.2 Background: Historically, ST3 has relied on traditional, static, designated-personnel SETA support contracts. To meet emerging multi-domain threats and comply with modern defense acquisition directives, ST3 is transitioning to an Agile Program Management approach. This change represents a cultural shift: contracting for a flexible, task-based enterprise capacity rather than Full-Time Equivalent (FTE) level-of-effort models.

The Government requires a paradigm shift that measures success by outcomes delivered and sprint velocity rather than full-time equivalents. ST3 challenges industry to demonstrate how to ensure no degradation to mission, drive genuine organizational change, and execute a scalable, transparent framework that matches contractor capacity to unpredictable ST3 acquisition demands.

Historically, the Government has been required to pay for 40-hour workweeks even when task demand fluctuates or falls short of a full workweek capacity. This rigid structure has deprived the Army of true visibility into operational efficiencies, cycle times, and the actual level of effort required to execute its mission. Furthermore, recent attempts to modernize have been hindered by legacy management cultures that treat Agile principles merely as reporting buzzwords or compliance tools, rather than a fundamental shift in how human capital is deployed to support our unique service mission.

ST3 faces a critical dichotomy: ST3 must have the Subject Matter Experts (SMEs) available who support our complex training, testing, and threat acquisition portfolios, while completely overhauling how the human capital’s time and tasks are managed and aligned to the ST3’s priority. Under the current paradigm, ST3 struggles to dynamically allocate resources across multiple Project Offices when workloads surge or wane. The Government requires a paradigm shift that provides flexible, task-based enterprise capacity mapped to a backlog, rather than paying for dedicated, static personnel who cannot be cross-allocated. ST3 challenges industry to demonstrate how to ensure no degradation to mission, drive genuine organizational change, and execute a scalable, transparent framework that matches contractor capacity to unpredictable ST3 acquisition demands.

1.3 Scope: The Contractor shall provide non-personal service(s) covering comprehensive intellectual capital lifecycle support of CPE ST3's diverse portfolio of more than 370 simulation, training, testing, and threat products deployed at more than 400 locations worldwide. These commercial services directly support the Department of War (DoW) and Allied Partners to enhance combat readiness, interoperability, and multi-domain operational effectiveness and ensuring statutory and regulatory requirements are met for DoW acquisition programs.

Additionally, Foreign Military Sales (FMS) support requirements are within the scope of this services contract. The Contractor must demonstrate robust processes for managing the unique aspects of FMS requirements as well as export compliance, and International Traffic in Arms Regulations / Export Administration Regulations (ITAR/EAR).

1.4 Objectives: The offeror shall insert a content here stating what the basic service objectives are based on the Offeror’s understanding of the requirement and proposed approach. (For example; “The objective of this contract is to provide…”)

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor’s existing quality assurance system shall be utilized in accordance with (IAW) FAR 12.208 to ensure the requirements of this PWS are met.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government’s typical facility office hours range from eight to ten hours within the 0600-1800 window, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0600-1800. The Government facility is typically closed for operations during the during the recognized U.S. Holidays identified in paragraph 1.6.3.1 above and national emergencies

1.5.4.3 Contractor Support Hours: The Contractor shall provide support hours should align with the specific task being worked. The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS and agreed to for each sprint. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

Due to the support requirements in this contract for facilities and security, some emergencies could require APS contractor support during normally closed times. The contractor will ensure they plan for limited support during national emergencies and/or administrative closings.

1.5.5 Training Holidays: Training Holidays are not applicable to contractors. The U.S. Army has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Government facilities, Contractor facilities, and remote locations.

Primary Government sites include Orlando, FL, and Redstone Arsenal, AL (including 24/7 operations). Additional remote sites to include but not limited to: Fort Campbell, KY; Fort Hood, TX; Fort Drum, NY; Fort Irwin, CA; Fort Polk, LA; Fort Rucker, AL; Fort Bragg, NC; Hohenfels, Germany; and Camp Humphreys, South Korea.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: Contractor personnel performing work under this contract must have a Top-Secret Facility Clearance (FCL) with no storage requirements to provide security support and access control functions within Government-provided spaces 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 DoD Contract Security Classification Specification (DD Form 254).

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearances ranging from HSPD-12 (Tier-1) up to Top Secret/SCI, depending on the sensitivity of the specific task being worked, in the Defense Information System for Security (DISS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the DoD Contract Security Classification Specification DD Form 254. The Contractor shall ensure that Contractor employees and subcontractor 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 Contractor shall ensure the employee complies with the DoD Security Agreement (DD Form 441), and the NISPOM rule at 32 Code of Federal Regulation (CFR) Part 117, effective 24 Feb 2021. The NISPOM is the National Industrial Security Program Operating Manual to which contractors must implement and comply.

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.6.3.1 Installation Pass Log: Reserved.

1.6.3.2 Individual Termination or Expiration of Employment: The Contractor shall collect any installation access passes, Common Access Cards, and computers the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 24 hours.

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes, Common Access Cards and return them to the issuing office within one week of termination or cancelation.

1.6.3.4 Common Access Cards (CAC) and CAC Log: The Contractor shall provide the following information: Last, First and Middle Names, government issued personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) and any other necessary information required to obtain a CAC or installation access card, to the COR with five after award unless circumstances require otherwise and as directed by the Contracting Officer. The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.23.5.

The Contractor shall provide a CAC log within the first 30 calendar days after contract award and within five (5) days after changes have been made (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

1.6.4 Background Checks: The Contractor shall ensure all employees pass a Tier 1 background check, at a minimum, before commencing any work on this contract.

1.6.4.1 U.S. Citizen: The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable. The Contractor’s replacement of the employee with the unfavorable background check shall be within a two week period. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within (Insert number of days) of receipt by the Contractor, identifying such with the appropriate contract number ({Insert Deliverable #}). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within (Insert number of hours or days) of receipt by the Contractor, identifying such with the appropriate contract number ({Insert Deliverable #}). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.6.7 Cybersecurity Compliance and SPRS 110-Score Maintenance: The Contractor shall maintain an active, self-certified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 Revision 2 assessment score of exactly 110 (representing full implementation of all 110 mandatory security controls posted within the DoW Supplier Performance Risk System (SPRS). This cybersecurity baseline shall be maintained continuously throughout the entire period of performance at the Contractor’s sole expense.

The Contractor shall ensure this 110-score requirement flows down to, and is maintained by, all subcontractors, teaming partners, and corporate affiliates who possess access to Government-provided data or participate in any aspect of contract execution.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall follow Government direction for key control. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees assigned to the required task. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: {Insert the titles of the Offeror’s Proposed key personnel which includes the Agile Program Manager, at a minimum.} The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than {Insert number of days – for example, “no later than five (5) days after contract award … or … during the post-award meeting, etc.”} ({Insert Deliverable #}). (Acceptance of the CV by the Contracting Officer is required before these individuals are permitted to perform any task on this contract.) The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0600-1800. Qualifications for all key personnel are listed below:

a. Person A: {Insert the qualifications for all key personnel} For example, “although not intended to be language specifically for the Offeror to use, the following serves as a launch pad to assist in writing the requirement, “Contract Manager and Alternate Contract Manager: The CV provided by the Contract Manager and Alternate Contract Manager must demonstrate successful completion of 24 semester hours in mathematical, engineering, and quantitative analysis courses; 15 or more years cost analysis experience; and familiarity with Defense Department Data Sources (e.g. cost and software data reporting, Earned Value Management (EVM), etc.…” or “…must demonstrate a minimum of 5 years’ experience within the past 10, working as a Program Manager...”

b. Person B: {Insert the qualifications for all key personnel} Another example, although not intended to be language specifically for the Offeror to use, the following serves as a launch pad to assist in writing the requirement “Quality Control Manager. The Quality Control Manager must demonstrate a minimum of 5 years’ experience, within the past 10, working as a Quality Control Manager…”

c. Special Qualifications: {Insert any special certification or licensing requirements} (For example, although not intended to be language specifically for the Offeror to use, the following serves as a launch pad to assist in writing the requirement, “The Contractor shall ensure all employees possess and maintain current Leading SAFe Certification, Scrum Master Certification, etc. during the execution of this contract.")

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.11.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance {Insert number of days and specify whether they are calendar or workdays (recommend (10) calendar days)} after contract award ({Insert Deliverable ###}). Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.11.2 Contractor Identification Badges: The Government will provide Contractor personnel badges that will ensure they are easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715).

1.12 Reserved:

1.13 Contractor Travel: The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract. All travel requires Government approval and authorization no less than one week prior to scheduled travel. The offeror shall insert other unique travel requirements here.

1.14 Other Direct Costs (ODCs): The Government does not anticipate ODCs, but the Offeror can propose here if they require ODCs for their unique approach to meeting the APS requirement.

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

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access classified and controlled unclassified data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release any data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/, the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than 30 days after to commencement of work under the contract. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

1.19 Organizational Conflict of Interest (OCI) and Broad Scope Exclusion: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect 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. Proximity to Inherently Governmental Functions & Sensitive Information: Contractor personnel will provide independent advisory and analytical support to Government decision-makers. While they will support activities adjacent to inherently governmental functions (such as providing market research for requirements packages, conducting technical analysis of alternatives, and consolidating data for acquisition planning), the Government retains sole authority for finalizing requirements, establishing technical direction, and approving all acquisition plans. Contractor personnel shall not perform inherently governmental functions, nor provide labor categories or staffing constructs that imply Government authority. The Government remains the final decision-making authority on all acquisition, technical, and programmatic matters.

b. Organizational Conflict of Interest (OCI) and Competitive Exclusion: Pursuant to FAR 9.507-1, the Government recognizes that this advisory role creates potential Organizational Conflicts of Interest (OCI) related to biased ground rules and impaired objectivity. As a baseline to neutralize these risks, the Contractor (including its prime entity, subcontractors, joint venture partners, and all corporate affiliates) shall be excluded from participating as a prime contractor or subcontractor on any current and future CPE ST3 competitive product development, hardware manufacturing, software integration, testing, fielding, and support opportunities. This baseline exclusion shall remain in effect for the life of this task order, inclusive of any option periods, extensions, or transition-out phases, plus one (1) year from the final date of contract performance.

c. OCI Mitigation and Firewall Exemption: While the baseline exclusion applies corporately, the Contracting Officer, at their sole discretion, is willing to review and approve formal, written OCI Mitigation Plans that request an exemption for specific subcontractors or distinct corporate business units. The burden of proof rests solely and entirely on the Contractor to demonstrate that an impenetrable firewall exists. To be considered satisfactory to the Contracting Officer, the Contractor’s Mitigation Plan must definitively demonstrate total organizational, physical, and digital separation to guarantee that no proprietary data, source selection information, or strategic acquisition insights can cross the firewall. This must include, at a minimum: separate corporate governance, independent business development pipelines, isolated digital networks (including email, document repositories, and chat platforms), and physical security protocols. The Government reserves the right to reject any Mitigation Plan that fails to reasonably and satisfactorily resolve the potential OCI to the satisfaction of the Contracting Officer and will not make an award that results in an unmitigated OCI.

d. Access to Planning, Programming, Budgeting, Proprietary and/or Source Selection Information: Contractor and subcontractor personnel performing work under this contract will 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 and Consultant Conflicts of Interest (OCI) as defined in FAR Subpart 9.5 and DFARS 209.5. This access creates a severe potential for an unfair competitive advantage.

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the {Insert the time period, i.e., sixty (60) day, thirty (30) day, etc.} phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.21 Safety:

1.22 Environmental Compliance:

1.22.1 Environmental Compliance Plan and Program:

1.23 Required Training: The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 calendar days after contract start date. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 30 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

1.23.2 OPSEC Training: Per AR 530‐1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Verification of the training shall be provided to the COR within 30 days after completion of the training with certificates uploaded to the Knowledge Management Portal. OPSEC Level I training (OPSEC Awareness for Military Members, DOD Employees and Contractors GS130.16) is available at https://www.cdse.edu/Training/eLearning/GS130/. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within 30 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

1.23.3 iWATCH Training: The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH Army program (training standards provided by the CPE ST3 AT Officer). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. Verification of the training shall be provided to the COR within 5 days after completion of the training with certificates uploaded to the Knowledge Management Portal. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.23.4 Information Assurance (IA)/Cyber Security Awareness Training

1.23.4.1 All contractor employees and associated subcontractor employees must complete the DOD Cyber Awareness Challenge Training before issuance of network access and annually thereafter. All contractor employees working Cyber/IT functions must comply with DoD and Army training requirements in DoDM 8140.03 and AR 25‐2 within six months of appointment to Cyber/IT functions.

1.23.4.2 Per DoDM 8140.03, DFARS 252.239.7001 and AR 25‐2, the contractor employees supporting Cyber/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoDM 8140.03 must be completed upon contract award. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp. Verification of the training shall be provided to the COR within 5 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

1.23.4.3 Access and general protection/security policy and procedures: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204‐9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated Tier 1 background investigation, 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 Tier 1 at the Office of Personnel Management.

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion. Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.html Verification of the training shall be provided to the COR within 5 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

1.23.6 Account Validation System (AVS) registration for contractor employees who require access to government information systems: All contractor employees that require access to Government info system must complete a DD 2875, System Authorization Access Request (SAAR) at commencement of services, and must successfully complete the DOD Cyber Awareness Challenge Training prior to access to the information system and then annually thereafter. Verification of the training shall be provided to the COR within 5 days after completion of the training with certificates uploaded to the Knowledge Management Portal.

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the North Atlantic Treaty Organisation Status of Forces Agreement shall possess work and residence permits.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25 Notice to Proceed: The effective date of contract will constitute the date of notice to proceed.

1.26 Electromagnetic Compatibility Directive: RESERVED.

1.27 Government Property and Services: Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the COR within {Insert number of days} after date of contract award ({Insert Deliverable #}).

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: (OCONUS – May be applicable to requirements performed in Germany and other countries, edit as appropriate) Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

(This section includes many of the terms and phrases used in this PWS. The Offeror shall ensure that if a definition or acronym is added, that it is clear and concise, not ambiguous.

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field. (List definitions used in the PWS and what they represent. At a minimum, insert the definitions provided below.)

Contracting Officer – means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the…