Attachment 6 - PWS IDIQ.pdf

FA5641-21-R-0001

Attachment 6

United States Air Forces in Europe

United States Air Forces Africa

(USAFE-AFAFRICA)

Air Base Air Defense (ABAD)

Indefinite Delivery/Indefinite Quantity (ID/IQ)

Performance Work Statement (PWS)

9 Dec 2020

1. DESCRIPTION OF SERVICES 3

1.1. GENERAL

1.2. MISSION

1.3. SCOPE

1.4. CONTRACT INFORMATION

2. GENERAL INFORMATION 5

2.1. NON-PERSONAL SERVICES

2.2. CONTRACT ADMINISTRATION AND MANAGEMENT

2.3. SUBCONTRACTOR MANAGEMENT

2.4. CONTRACTOR PERSONNEL QUALIFICATIONS

2.5. KEY PERSONNEL

2.6. LOCATION AND HOURS OF WORK

2.7. TRAVEL REQUIREMENTS

2.8. CONTRACTOR SUPPORT OF CONTINGENCY OPERATIONS

2.9. CONFLICT OF INTEREST

2.10. INSTALLATION ACCESS AND PHYSICAL SECURITY

2.11. RESTRICTED ENTRY REQUIREMENTS

2.12. LOCAL AREA NETWORK (LAN)

2.13. DISCLOSURE OF INFORMATION

2.14. LOGISTICAL SUPPORT

2.15. MATERIAL ACQUISITION/EQUIPMENT PURCHASE

2.16. SUPPORT AGREEMENTS

3. PERFORMANCE REQUIREMENTS 14

3.1. PERSONNEL

3.2. ABAD PLATFORM SYSTEMS DELIVERY

3.3. INTEGRATION OF WEAPON SYSTEMS, SENSORS, AND COMMAND & CONTROL ELEMENTS

3.4. SYSTEMS ENGINEERING, SPECIAL STUDIES, ANALYSES, AND EVALUATIONS

3.5. LOGISTICS SUPPORT AND SERVICES

3.6. CERTIFICATIONS

3.7 DEPARTMENT OF DEFENSE CONTRACTOR PERSONNEL OFFICE (DOCPER)

3.8 INDIVIDUAL LOGISTICAL SUPPORT (ILS) FOR THE UNITED KINGDOM (UK)

3.9 POSITION FILL

3.10. MANPOWER REPORTING REQUIREMENTS

3.11. CONFERENCES AND MEETINGS

4. SPECIAL REQUIREMENTS 21

4.1. SECURITY AND SAFETY

4.2. TRANSITION PLANNING

4.3. GOVERNMENT FURNISHED PROPERTY

4.4. GOVERNMENT PROPERTY MANAGEMENT

4.5. ENVIRONMENTAL REQUIREMENTS

4.6. QUALITY CONTROL

4.7. OPERATIONS SECURITY

5. WORKLOAD ESTIMATES 27

5.1. WORKLOAD ESTIMATES

1. DESCRIPTION OF SERVICES

1.1. General

This Indefinite Delivery Indefinite Quantity (ID/IQ) service contract is for supporting operations, maintenance, and integration of the United States Air Forces in Europe – Air Forces Africa (USAFE- AFAFRICA) Air Base Air Defense (ABAD) initiatives. This contract provides the full spectrum of ABAD capabilities for USAFE-AFAFRICA, as well as other strategic and operational partners throughout the United States European Command (USEUCOM) and the United States Africa Command (USAFRICOM) areas of responsibility (AORs) to include: operations & maintenance, systems integration services, and procurement (sensors, kinetic weapons, directed energy, emerging technologies) across the EUCOM and AFRICOM AORs. Unless otherwise specified, all the requirements defined within this Performance Work Statement (PWS) shall be accomplished at the Task Order (TO) level.

1.1.1. While there is not a separate ABAD contract in place currently, a variety of products and analysis services, such as Advisory and Assistance Services (A&AS), the MITRE Corporation, and the Massachusetts Institute of Technology/Lincoln Laboratory (MIT/LL), provide the Government with technical expertise in support of ABAD requirements.

1.2. Mission

The United States Air Force (USAF) directs operations from forward deployed locations worldwide and throughout ten Combatant Commands. These Combatant Commands conduct ABAD operations in, from, and through all domains (air, land, maritime, space and cyberspace), across all phases of operations and environments. The USAF is adapting its power-projection and defense concepts to operate under a greater threat of attack. The specific mix sensors, non-kinetic, and kinetic systems, etc., will vary depending on the political geography of the region, adversary capabilities, and United States (US) objectives. The ABAD effort requires the integration and fusion of multiple sensors and weapons systems across the entire spectrum of a mesh network to Find, Fix, Track, Target, Engage, and Assess (F2T2EA) a spectrum of threats, from small Unmanned Aircraft Systems (UAS) to Hypersonic Missiles.

USAFE-AFAFRICA is a Major Command responsible for supporting two geographic combatant commands, USEUCOM and USAFRICOM. Its mission is (1) to forward project power across air, space, and cyber domains, (2) to defend US interests, (3) to demonstrate warfighting readiness, and (4) to forge strong partnerships in support of USEUCOM and USAFRICOM campaign objectives. USAFE- AFAFRICA supports a range of military operations which require the ABAD capabilities identified in this contract.

1.3. Scope

The ABAD ID/IQ contract shall provide persistent, cross-domain base defense capabilities that increase

(1) deterrence/engagement options, (2) survivability, and (3) base security/defense posture. This contract will support US freedom of movement, increase partnership capacity and interoperability of systems with US allies, and foster global security and stability. Contractor duties shall not include activities that would qualify the contractor personnel as combatants under the rules of the Law of Armed Conflict. The ABAD effort for USAFE will be carried out in three phases: (1) Support for ABAD Development at the Ramstein Air Defense Systems Integration Laboratory (RADSIL), (2) Air Defense Systems and Operations at Ramstein Air Base, and (3) Air Base Air Defense for Additional Bases in the EUCOM/AFRICOM AOR.

Each phase is as described below in Sections 1.3.1, 1.3.2, and 1.3.3.

1.3.1. Phase 1. Support for ABAD Development at the Ramstein Air Defense Systems Integration Laboratory (RADSIL). In the initial phase of ABAD development, the Contractor shall support the Government development systems and facilities of the air defense systems integration laboratory at Ramstein Air Base (the RADSIL). Support will be comprised of the maintenance and documentation of the RADSIL, specifically maintenance of the command and control (C2) information systems, network communication subsystems, and commercial off-the-shelf (COTS) sensor systems.

The Contractor shall support the RADSIL, which is a combination of COTS, Government Furnished Equipment (GFE), and custom software that provides command and control. The Contractor shall employ computer hardware and software that will embody modern techniques for automaton, for both operational C2 and system maintenance. The Contractor shall employ a C2 system that will provide techniques for distributed, networked computing to achieve robust and timely response to air threats.

The Government anticipates that the Contractor will incorporate GFE and other sensors, systems, and data feeds not purchased through the RADSIL ABAD project. For those systems, the Contractor shall ensure the proper connectivity and integration of those systems, when available.

The Contractor shall participate in the ongoing development activities at the RADSIL to ensure the design of an effective and sustainable ABAD capability to be produced in subsequent phases for Ramstein and across the designated bases within the EUCOM/AFRICOM AOR. The contractor shall deliver to the Government proposed plans covering the construction and maintenance of the ABAD systems exemplified by those of the RADSIL. Further, the Contractor shall develop and document, in partnership with the Government, the measures of effectiveness, concepts of operation, training, testing, and instrumentation needed to support ongoing, high availability operations of those ABAD systems. The Contractor shall also provide the Government with documentation of the facilities and infrastructure required by these systems.

The Contractor, through the RADSIL system, shall provide an initial, limited ABAD capability as new systems are made available to base defense personnel and are integrated into the RADSIL system. [‘Fight with the first article.’] Under Phase 1, the Contractor shall ensure the RADSIL facility will ultimately deliver end-to-end air defense C2. This end-to-end system may not represent the full and final laydown of material and personnel to support permanent full-scale, 24/7 operations.

The Contractor shall identify and document any additional systems needed as part of Phase 1’s work.

1.3.2. Phase 2. Air Defense Systems and Operations at Ramstein Air Base. In the second phase of the

ABAD development, the Contractor shall develop and create a permanent air base air defense capability for Ramstein Air Base, and transition from provisional operations of the RADSIL system developed and documented in Phase 1. The Contractor shall use the RADSIL as a template for ABAD system development under phase 2 and will build, operate, and maintain in accordance with the documentation and plans developed in Phase 1. The Contractor shall take the network of distributed sensors and operator consoles developed in Phase 1 and connect to the Phase 2 C2 fusion systems. Any additional sensors and weapons the Government determines are needed to scale from the initial phase to full capability (as defined by the work of Phase 1) shall be procured and installed by the Contractor in this phase as specified in the TOs.

The Contractor shall maintain RADSIL systems and data feeds as part of Phase 2. The RADSIL shall remain connected to the sensors and data feeds, and so could act as a backup base air defense C2 facility. The Contractor, coordinating with the Government, may develop a physically separate operational backup C2 facility.

1.3.3. Phase 3. Air Base Air Defense for Additional Bases in the EUCOM/AFRICOM AOR. In the final phase of ABAD development, the Contractor shall construct, operate, and maintain the systems for air defense of bases throughout the EUCOM and AFRICOM AORs. The Government assumes the architecture and metrics for effective base defense will be the same or similar for each of these bases. For example, the threat set, warning timelines, and the engagement sequence at these bases will be the same as those addressed in Phase 2 by the ABAD system developed for Ramstein AB.

However, the physical layout and geography of each base will dictate a unique laydown of sensors to support the required effectiveness. The Contractor shall consider overlapping regions for coverage of sensors and communication systems around multiple bases for efficiency. Likewise, the Contractor shall consolidate the operators and maintenance staff for this phase.

1.4. Contract Information

This contract utilizes Firm-Fixed-Price (FFP), Fixed Price Incentive Firm (FPIF), Cost-Plus-Fixed-Fee (CPFF), Cost Plus Incentive Fee (CPIF), and Cost Reimbursable (CR) contract types. The scope of this ID/IQ contract includes Program Management, Operations, & Maintenance (O&M), Procurement, Integration, systems engineering of ABAD equipment and infrastructure, and logistical support throughout the EUCOM and AFRICOM AORs.

1.4.1. Performance locations will be throughout the EUCOM and AFRICOM AORs, but may extend to other theaters. The Contracting Officer (CO) will issue TOs as the ordering mechanism for specific requirements. Any additional ABAD site-specific requirements will be outlined within each individual TO.

1.4.2. Contractor support may fall into, but not be limited to, one of the following categories: 1) Program

Management; 2) Operations; 3) Maintenance; 4) Air Base Air Defense Weapons System Delivery; 5) Integration of Weapon Systems, Sensors, and Command and Control Elements; 6) Systems Engineering and Special Studies; and 7) Logistics Support and Services. The Government will define the specific support areas the Contractor shall support in individual task orders.

1.4.3. The Contractor shall provide all personnel, supervision, equipment, tools, materials, transportation, and other items and services necessary to perform PWS requirements.

1.4.4. The Contractor shall perform necessary phase-in and phase-out requirements (to include a full

Government property inventory) as needed and as directed by the Government.

2. GENERAL INFORMATION

2.1. Non-Personal Services

2.1.1. The ABAD ID/IQ contract is a non-personal services contract, defined by the Federal Acquisition

Regulation (FAR 37.101) as, “a 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.”

2.1.2. The Government shall neither supervise contractor employees nor control the method by which the

Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to immediately notify the Procuring Contracting Officer (PCO).

2.2. Contract Administration and Management

2.2.1. The Contractor shall accomplish program management efforts to manage the overall program and individual Contract Line Item Number (CLIN) efforts consistent with this contract and all its exhibits and attachments. The Contractor shall maintain a program management structure with a Program Manager (PM) as a single point of contact (POC) responsible for program control and oversight to include establishing processes and administering all ABAD ID/IQ requirements. The Contractor’s PM shall work with the CO and Government PM. The Contractor’s PM shall provide clear and consistent written and verbal response to the Government within 12 business hours of Government-initiated communication (e.g., return phone calls, emails, etc.). The Contractor’s PM shall perform contract requirements from Ramstein Air Base unless otherwise agreed upon in writing by the CO.

2.2.2. The Contractor shall perform all necessary program management requirements. Program management shall include all organization, administration, control, direction, monitoring, reporting of system/program status, identification of technical/programmatic problems, and recommendations of options/solutions to problems and issues ensuring successful program execution as it relates to the ABAD mission. The Contractor shall provide the Government with timely reports in compliance with the relevant Contract Data Requirements List (CDRL). All contractor and sub-contractor personnel supporting the programs shall be technically skilled and qualified, possess proper training, and hold the appropriate security clearances commensurate with their required and granted level of access.

2.2.2.1. The Contractor shall provide a monthly status report no later than (NLT) 15 calendar days after the end of each month to be submitted to the CO, the Government PM, and Contracting Officer Representative (COR). The Contractor shall include any changes to company affiliations monthly. The report shall include: 1) changes to company affiliations,

2) summarized accomplishments of the previous month, 2) discussion of major issues and/or concerns with recommended solutions, 3) discussion of Contractor personnel assignment, 4) summarization of current financial billing profile, to include projected shortfalls or over-runs/under-runs, and 5) a profile of manpower usage. (CDRL A001)

2.2.2.2. The Contractor shall retain and keep all current official files, manuals, charts, drawings, technical orders, and electronic documents required for the performance of this contract in accordance with AFMAN 33-363, AFI 33–364, and DoD 5015.02–STD. Furthermore, the Contractor shall transfer all official documentation and files created, managed, and received to the follow–on contractor or Government personnel during the next contract phase-in period or at the request of the CO or COR. The Contractor shall dispose of operational records and data as directed by the COR if disposal guidance is not provided within other directives.

2.2.3. The data to be delivered because of performing the tasks described within this PWS are specified in the Contract Data Requirements List (CDRL) in the Attachment 9: Contract Data Requirements List.

The Government shall review and comment on all data and documentation before Government acceptance, as specified in each applicable CDRL. The Contractor shall provide all CDRL items in accordance with the Contract Data Requirements List attachment and on each individual TO as specified.

2.2.3.1. At the beginning of each new fiscal year, the Contractor shall begin a sequential numbering of each letter submitted to the Government. Depending on the nature of the correspondence (e.g., contract issues, operations, or maintenance issues, etc.) a copy of all such correspondence shall be sent to the COR at the Ramstein ABAD site. All submissions shall have a unique fiscal year sequential numbering system specific to the submission. In the instance where a submission is generated by more than one location, the numbering system will reference the location. All report submissions shall have a unique sequential numbering system referencing the documents listed in the Contract Data Requirements List attachment.

2.2.4. The Contractor shall provide the Government with all non-CDRL data which was developed in part or in whole at Government expense via a contractor generated and Government approved Data- Accession-List (DAL). DAL item reproduction and delivery shall be provided via the DATA CLIN quarterly with the administrative effort to do so covered by the CLIN under which the associated effort was accomplished. (CDRL A002)

2.2.4.1. All updated DAL data shall be delivered to the Government quarterly. Sixty (60) calendar days prior to the end of this contract the Contractor shall solicit Government direction for the disposition of all program documentation not otherwise dispositioned in the contract.

The DAL and associated data shall be updated IAW Attachment 9: Contract Data Requirements List.

2.2.5. The Contractor shall provide all required financial management, to include demonstrated effectiveness in forecasting, managing, and controlling costs, for this contract and for each TO. The Contractor shall provide monthly Contract Funds Status Reports (CFSR) for all CLINs fourteen (14) calendar days after the end of each month. (CDRL A003).

2.3. Subcontractor Management

2.3.1. The Contractor shall be responsible for all management of its subcontractor employees. The prime contractor shall manage work distribution to ensure there are no Organizational Conflicts of Interest (OCI) considerations. The Contractor may add subcontractors to its team after notification to the PCO and COR. For all services outside the United States, the Contractor and its subcontractors shall abide by Host Nation laws and the Supplementary Agreement to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA).

2.3.2. The Contractor shall enter into Associate Contractor Agreements (ACA) (Attachment 13: Associate

Contractor Agreements) for any portion of the contract requiring joint participation between two or more non-Government entities in the accomplishment of the Government’s requirements as set forth in AF PGI 5317.9000 Associate Contractor Agreements. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the ABAD system, to ensure the greatest degree of cooperation for the development of the program to meet the terms of this contract. The Contractor shall provide a copy of such agreements to the CO for review before execution of the document by the cooperating contractors, as well as after the execution of the document. All costs associated with the agreements are included in the negotiated cost of this contract. Agreements may be amended as required by the Government during the performance of this contract. All initial agreements shall be executed within 60 calendar days of contract award. Additional agreements, after award, shall be executed within 60 calendar days of notification to the Contractor by the CO.

2.3.2.1. ACAs shall include the following general information:

(1) Identify the associate contractors and their relationships.

(2) Identify the program involved and the relevant Government contracts of the associate contractors.

(3) Describe the associate contractor interfaces by general subject matter.

(4) Specify the categories of information to be exchanged or support to be provided.

(5) Include the expiration date (or event) of the ACA.

(6) Identify potential conflicts between relevant Government contracts and the ACA;

include agreements on protection of proprietary data and restrictions on employees.

2.3.2.2. The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

2.3.2.3. Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement rests with the parties to the agreement, and not the Government.

2.4. Contractor Personnel Qualifications

2.4.1. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and implement all contractual duties associated with the ABAD contract. As specified, the Contractor shall provide fully qualified personnel in accordance with (IAW) the ABAD ID/IQ contract labor category list (Attachment 14: IDIQ Labor Category List). This list may be updated throughout the duration of the ID/IQ contract as the requirements of the ABAD effort are further defined. Qualified personnel shall possess the required security clearances and certifications as specified within each TO. The Contractor shall accomplish tasks by providing qualified personnel possessing the appropriate education, training, trustworthiness determination/security clearance and experience/skills IAW the PWS requirements. Additionally, the Contractor shall provide qualified replacement/substitute personnel who meet or exceed the same position standards. The Contractor shall conform to the contract requirements, specifications, and standards of good workmanship (technical, professional, environmental, safety and health standards).

2.4.1.1. The Contractor shall use a labor mix that will allow them to best complete the requirements of this contract and all follow-on TOs. The Contractor shall ensure the labor categories as defined in Attachment 14: IDIQ Labor Category List, and man-hours utilized in the performance of each TO (PWS line item) issued hereunder shall be the minimum necessary to accomplish the tasks. The Contractor shall maintain fully qualified/cleared personnel throughout each TO’s period of performance. The Government shall not reimburse the Contractor for training required to maintain technical proficiency and/or certifications.

2.4.2. The Contractor shall obtain CO approval of all Government-required training in advance and will be paid on a cost-reimbursable basis, to include travel and per diem costs IAW the Federal Travel Regulations (FTR) if travel outside of the commuting area is required. The Government may provide a funded amount per TO or the estimated number of personnel and course/conference registration information. The Contractor shall schedule training to ensure mission disruption is at a minimum, which may require alternate work schedules. Contractor employees shall attend all training required for in-processing and shall maintain annual training requirements. The Government will identify any further required Contractor training, qualifications and certifications at the TO level. Contractor training shall include, but is not limited to, continued job proficiency training, organizational conflict of interest training, information assurance, anti-terrorism, computer and telecommunication equipment, individual readiness training, force protection and operational security (OPSEC) training.

2.5. Key Personnel

2.5.1. The following are “Key” positions. The Government does not intend to dictate the composition of the ideal team to perform this ID/IQ; however, the Government reserves the right to specify required labor categories on each TO. The Contractor shall assign Key Personnel for the duration of each TO as applicable.

2.5.1.1. Program Manager (PM)

2.5.1.1.1. The Contractor shall identify a PM by name who shall oversee the management, direction, administration, quality assurance, and leadership execution of the overall ID/IQ. The PM shall be an employee of the prime contractor.

2.5.1.1.2. The PM shall meet the following qualifications:

2.5.1.1.2.1. Authority to commit the prime contractor’s organization.

2.5.1.1.2.2. A Top Secret (TS) clearance with access to Sensitive Compartmented Information (SCI) based on a Single Source Background Investigation (SSBI).

2.5.1.1.2.3. Current Project Management Institute (PMI) Project Management

Professional, Program Management Professional (PgMP), or Defense Acquisition Workforce Improvement Act (DAWIA) Level III Program Management certification.

2.5.1.1.2.4. Working knowledge of SOFA requirements, DoD Contractor Personnel Office (DOCPER) regulations, and processes within the AORs identified in this TO.

2.5.1.1.3. It is desired that the PM has the following qualifications:

2.5.1.1.3.1. Experience managing performance-based projects and/or programs with multiple OCONUS performance locations in multiple OCONUS countries.

2.5.2. The Contractor shall perform program management and deployment coordinator activities as described in Attachment 14: IDIQ Labor Category List. TOs will specify any unique performance requirements outside of the position descriptions.

2.5.3. Employee Misconduct: The Contractor shall telephonically notify the COR within 24 hours after the occurrence of any incidents of misconduct by its employees that violate laws of the US or Host Nation which could impact clearances, base access, or general safety or result in international problems between the US and the Host Nation. The Contractor shall follow up this verbal report, in writing, within 5 calendar days after the telephone notification. (CDRL A004). The Contractor shall replace an employee guilty of misconduct that violates US or HN laws at the cost of the Contractor, to include costs incurred in terminating the offending employee and the costs incurred in recruiting and placing the new employee

2.6. Location and Hours of Work

2.6.1. The primary place of performance will take place within Government facilities located in USAFE-

AFAFRICA outside the continental United States (OCONUS). Each TO will identify the place of performance. Some performance may take place within the continental United States (CONUS) at the Contractor’s facility. If performance is required at other worldwide Government locations on a temporary basis, travel and per diem costs IAW the Federal Travel Regulations (FTR) will be included at the TO level.

2.6.2. The Government standard work hours under this contract are Monday through Friday, except US Federal holidays and other Government-observed days. A typical work week is eight (8) hours per day, 40 hours per week. All locations may have varying start times between 0600-1730.

Notwithstanding holidays and Government closures, the Contractor shall perform IAW the terms established in this PWS and within each individual TO.

The following federal holidays are observed under this contract:

Holiday Date New Year's Day 1 January* Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July* Labor Day First Monday in September Columbus Day Second Monday in October

Veteran's Day 11 November* Thanksgiving Day Fourth Thursday in November Christmas Day 25 December*

* If date falls on a weekend, the holiday is typically observed on the closest weekday. In addition to the days designated as holidays, the Government may also observe any day designated by federal statute, executive order, or proclamation by the President of the United States.

2.6.2.1. If the duty location is closed, no Contractor services shall be provided unless authorized by the CO in writing. The Contractor shall be responsible for notifying its employees of installation closures.

2.6.2.2. Individual work schedules shall be coordinated with the COR to satisfy overall mission requirements. If the Contractor requests a work schedule for any employee partially or entirely outside the Government’s standard work hours, this shall be approved or disapproved in writing by the COR in advance; any resulting approval shall be at no additional cost to the Government. If Contractor personnel are required to work outside the Government standard work hours, these instances will be specified in each individual TO.

2.6.2.3. If applicable, the Contractor shall propose expected overtime hours in the individual TO proposals. Individual work schedules shall be coordinated with the COR to satisfy overall mission requirements.

2.6.3. Contractor personnel may be required to participate in exercises (approximately three per year). The extent of participation may include role-playing, reacting to exercise injects based on the situation or exercise objectives. Exercises may extend outside of the normal duty hours.

2.6.4. Contractor employees' work may be interrupted or delayed due to safety or security drills, exercise participation, special events, training, contingency operations, severe weather, or actual emergencies.

Contractor employees shall participate in all safety and security training or drills conducted onsite.

2.6.5. Modified Work Schedules and Locations. The existence of emergency situations, contingency operations, special events, exercise participation, severe weather or any other similar circumstances may require Contractor employees to operate on a modified work schedule (>8 hours per day and/or 40 hours per week), including weekends and legal holidays. If outlined in the TO, Contractor employees may be required to work extended or curtailed hours, depending on events and conditions, as determined in writing by the CO or COR. The CO or COR may also approve teleworking by providing written approval to the Contractor specifying the personnel for which teleworking is allowed. This notification will include any limitations on teleworking, to include but not to be limited to the length of time, days of the week, and equipment allowed to be taken offsite. Any requested teleworking approved by the COR shall be at no additional cost to the Government.

2.7. Travel Requirements

2.7.1. Travel within the local area or place of performance to attend meetings, conferences, seminars or perform work shall be considered a cost of doing business and shall not be separately reimbursed as a travel expense. Local area travel is defined as within a 120-kilometer radius of the primary place of performance.

2.7.2. All Contractor travel outside the local area shall be approved by the COR prior to its occurrence. All travel shall be paid on a cost reimbursable basis IAW the Federal Travel Regulation (FTR).

Contractor employees may be required to travel to various locations within the CONUS and OCONUS in performance of TOs. Contractor personnel shall maintain a valid passport throughout the entirety of their involvement in this contract. Estimated travel requirements shall be included in each TO. The Government may provide a funded amount per TO or the estimated times, places, and number of personnel to travel for each TO. Cost estimates will be calculated on a TO basis using the current rates posted on http://www.defensetravel.dod.mil/.

2.7.3. Travel 120 kilometers or more outside the Government’s assigned work areas shall be performed using official Letters of Identification (LOIs). LOIs shall be prepared by the Contractor for coordination, approval, and funding by the COR. Funding shall include per diem in accordance with the FTR. The Contractor shall generate a Travel Authorization Request (TAR) and forward it to the COR for approval prior to Contractor travel. Upon completion of travel, the Contractor shall submit a trip report detailing the meeting/survey/briefing and activities that occurred. (CDRL A010) http://www.defensetravel.dod.mil/

2.7.4. The Contractor shall also submit a copy of the completed travel payment request, to the COR for approval prior to invoicing electronically via Wide Area Workflow (WAWF). The travel payment request shall be submitted within 60 calendar days of completed travel.

2.7.5. The estimated number of trips and locations of travel shall be detailed at the individual TO level.

2.8. Contractor Support of Contingency Operations

2.8.1. For this contract, contingency is defined as an unknown event, terrorist attack, natural disaster or other unanticipated event that requires additional support. Deployment is defined as unplanned travel of unknown duration in support of operations or in response to events such as terrorist attacks or natural disasters that involve an operation, location, command, or duty location that is different from the normal duty location. The Government shall utilize applicable operating instructions in planning for contingency and deployed operations when Contractor support is required.

2.8.2. At contract award, there are no known contingency or deployment operation requirements; however, if a contingency or deployment situation arises, the Contractor shall provide the support outlined in each individual TO. The TO will outline the full contract requirements and any additional considerations (e.g., hardship differential, danger pay, etc.) for reimbursement.

2.9. Conflict of Interest.

2.9.1. The Contractor shall not employ, hire, or contract with employees of the US Government or the DoD, either military or civilian, if such employment would create a conflict of interest. The Contractor shall not employ any person who is an employee of the DoD, unless such person receives prior approval, in writing, from the CO. The Contractor shall ensure that its employees receive training, with no less than annual refresher training, on how to avoid organizational conflicts of interest (OCI).

2.9.2. As identified in each individual TO, Contractor employees may be required to 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.). The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual, potential, or perceived OCI and shall promptly submit a plan to the CO explaining how the Contractor will avoid or mitigate any such OCI.

2.9.3. The Contractor shall also be responsible for alerting the CO of OCI concerns, whether perceived, potential, or actual, that come about as a result of a relationship with their subcontractor. All mitigation plans submitted by the Contractor shall incorporate the facts and mitigation strategies necessary to combat actual, potential, and perceived OCI concerns of all subcontractors, as well as of the prime.

2.9.4. The Contractor’s mitigation plan, created in accordance with the 764th ESS Mitigation Plan

Checklist, will be determined acceptable or unacceptable solely at the discretion of the CO. In the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as necessary, including prohibiting the Contractor from participation in subsequent contracted requirements, which may be affected by the OCI. Any submitted OCI mitigation plan that is accepted by the CO shall be adhered to by the Contractor until the end of the contract. All mitigation plans shall require written CO concurrence before any changes are made to the document, with the exception of changes to the names of specific personnel identified in each plan.

2.10. Installation Access and Physical Security

The Contractor shall ensure all Contractor employees authorized to perform work under this contract obtain installation access as required by USAREUR Regulation 190-16, Installation Access Control.

Contractor employees and property may be subject to search and seizure upon entering and leaving Government installations and facilities. The Contractor shall return Government furnished identification to the Government upon termination of an employee. Contractor employees shall comply with Government physical security plans in effect at Government facilities. The Contractor shall be responsible for keys (and accountable for their use) that are provided to the Contractor by the Government. Contractor employees shall not duplicate or provide keys to unauthorized personnel and shall implement procedures to prevent loss or misplacement. If the Contractor loses a key or Government furnished identification, the Contractor shall notify the COR immediately. The Contractor shall replace any lost or stolen keys provided to any contractor employees, to include costs incurred for rekeying facilities.

2.11. Restricted Entry Requirements

The Contractor shall arrange for entry into restricted areas, base entry, vehicle passes, and other requirements with the responsible Government security activity.

2.12. Local Area Network (LAN)

All Contractor employees requiring access to the Government unclassified computer network shall have a valid National Agency Check (NAC) verified through Joint Personnel Adjudication System (JPAS). No Contractor employee will be provided access to unclassified computer network or its inherent capabilities (i.e., internet access, electronic mail, file, and print services, etc.) without a valid NAC. The Contractor shall be aware of and abide by all Government regulations concerning the authorized use of the Government’s computer network including the restriction against using the network to recruit Government personnel or advertise job openings.

2.13. Disclosure of Information

In the performance of this contract, the Contractor will have access to data and information proprietary to a Government agency or to another Government Contractor, or of such nature that its dissemination or use, other than as specified in this contract, would be illegal or otherwise adverse to the interests of the Government or others. The Contractor and its personnel shall not divulge, or release data or information developed or obtained under performance of this contract, except as authorized by Government personnel or upon written approval of the CO or COR. The Contractor and its Contractor personnel shall not use, disclose, or reproduce proprietary information bearing a restrictive legend, other than as specified in the contract.

2.13.1. Non-Disclosure Agreement (NDA). Each Contractor employee, including Contractor program management staff, shall sign an NDA (Attachment 15: Non-Disclosure Agreement) which certifies that the individual has read the non-disclosure agreement, is familiar with the directives and policies governing the disclosure of sensitive information, and that the individual agrees to fully and completely observe these directives and shall not disclose such information to any unauthorized person, to include the company or affiliates under which the individual is employed, or use any information obtained for private use or gain. The Contractor shall provide the COR or Government designated representative a copy of the signed NDA within 5 workdays of the Contractor employee’s start date.

2.13.2. Disclosure of information regarding operations and services of the activities within the scope of this contract to persons not authorized to receive it, or failure to safeguard any classified information that may come to the Contractor (or any persons under the Contractor’s control) in connection with work under this contract, may subject the Contractor, Contractor’s agent, or employees to criminal liability under Title 18, Sections 793 and 798 of the United States Code. Neither the Contractor nor the Contractor’s employees shall disclose or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of security or interrupt the continuity of operations.

2.13.3. The Contractor shall not release any information (including contact lists, photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract, or any phase of any program hereunder, without the prior written approval of the CO. The Contractor shall control and protect any documentation showing individuals’ names or other personal information in accordance with DoD Personally Identifiable Information policies, Privacy Act of 1974.

2.14. Logistical Support

The Government may provide logistical support (e.g., Relocation Costs) to authorized Contractor employees and their dependents to the extent that these services are available at the location where the contract is to be performed and as authorized by current applicable Air Force, Army and OCONUS theater regulations, by current applicable international agreements and arrangements, by current policies, and the local Installation Commander. Lack of availability of any logistical support shall not serve as a basis for claims by the Contractor against the Government for increased cost of contract performance. If logistical support is available, it will be identified at the TO level.

2.14.1. Further guidance on cost reimbursable relocation and DoD dependent education benefits can be found in Attachment 16: Logistical Support for Europe.

2.14.2. Germany. For Germany, a full-time employee is an individual with regularly scheduled employment of 20 hours or more per week in a paid status as defined in Army in Europe Regulation 600-700. Contractor personnel must meet the definition to be eligible to receive Individual Logistic Support (ILS) privileges. The full range of ILS is detailed in Chapter 2 of AER 600-700 followed by the exceptions for Contractor personnel in Chapter 9. DoD Contractor Personnel Office (DOCPER) will apply the same standard to contracted employees applying for North Atlantic Treaty Organization (NATO) SOFA status. It should be noted, however, that under the requirements of the Exchange of Notes, a contracted employee accorded NATO SOFA status must exclusively serve the US Forces. No additional employment outside the US Forces or self-employment is permitted.

2.14.3. Italy. For Italy, an authorized Contractor employee is defined as an employee who has been hired because of this contract and is employed at least 40 hours per week on this contract.

Procedures must be in accordance with the Memorandum of Understanding between the Ministry of Defense of the Republic of Italy and The Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by US Forces in Italy, signed 2 February 1995. The final authority to determine whether an employee qualifies for Technical Representative status is the United States Sending State Office (USSSO). The full range of ILS is detailed in Chapter 2 of AER 600-700 followed by the exceptions for Contractor personnel in Chapter 9.

2.14.4. United Kingdom. For the United Kingdom (UK), the Office of the Special United States

Liaison Officer, American Embassy London, UK, has not approved Contractor personnel to be eligible for the UK Civilian Component Stamp, under the terms of the Special Memorandum of Understanding, dated 7 July 1987. Consequently, the Contractor may be responsible for payment of Contractor employee British income tax, British council tax, and import tax on privately owned vehicles. Other taxes could also pertain, as well as any relevant obligations required under UK labor law.

2.14.5. Other NATO countries. The provision of any logistic support to contactor employees in countries other than NATO countries must comply with the International Agreement of the host nation.

2.14.6. Abuse of Privileges. The Contractor shall include a provision in employment agreements with employees to provide for disciplinary action, or discharge for cause, of the employee for any abuse of privileges authorized to herein. The US Government retains the right to withdraw privileges from any Contractor employee because of abuse of such privileges at no additional cost to the US Government. This provision will in no way prohibit disciplinary action or legal prosecution by either the US Government or the host country Government. Logistic support services or privileges also may be denied on an individual basis at the discretion of the Installation Commander.

2.14.7. Termination/Transfer of Employees. The Contractor shall ensure that upon termination or transfer of any employee who is granted logistic support, action is taken simultaneously with the termination of employment to ensure that said employee ceases to have access to the services granted under logistic support. The Contractor shall ensure that identification passes or other documents pertinent to or peculiar to the contract are turned over to the issuing office upon the termination or transfer of any employee. The Contractor shall require a written receipt from the issuing office of such return and shall immediately forward an electronic copy of the written receipt to the CO and COR.

2.14.7.1. The Contractor shall turn in Common Access Cards (CACs) to the issuing office and provide written and signed documentation, by the Contractor PM or equivalent, to the CO and COR of the date and time of the CAC’s return. The Contractor shall turn in CACs no later than 24 hours prior to leaving the contract.

2.15. Material Acquisition/Equipment Purchase

2.15.1. The Contractor shall provide all materials necessary to meet ABAD requirements, except for the

Government Furnished Property (GFP) provided to the Contractor as identified in each TO.

Materials or equipment required for performance of this contract may be procured under the cost reimbursable CLIN, subject to COR approval.

2.16. Support Agreements

The Contractor shall provide coordination, as requested, on any Host–Tenant Support Agreement (HTSA), Inter-Service Support Agreement (ISSA), Memorandum of Understanding (MOU), Acquisition and Cross-Servicing Agreements (ACSA), leases and local agreements. Coordination shall include contractor review, evaluation, and feedback on draft agreements.

3. PERFORMANCE REQUIREMENTS

3.1. Personnel

The Contractor shall perform all aspects of management, operational, and professional activities IAW the ABAD ID/IQ labor category list (Attachment 14: IDIQ Labor Category List).

3.1.1. Program Management. The Contractor shall provide personnel with qualifications as identified below and in each individual TO. Personnel shall, at a minimum,:

3.1.1.1. Assist with the development, execution, and implementation of ABAD plans and procedures.

3.1.1.2. Plan, direct, formulate, interpret, and coordinate all ABAD contract operations.

3.1.1.3. Ensure the timely and appropriate recruitment, placement, retention, and utilization of personnel skillsets.

3.1.1.4. Provide technical recommendations, within the scope of the ABAD contract, with respect to hardware and software definition, design, development, test, implementation, and maintenance for the specific customer site.

3.1.1.5. Assist in identifying future technical requirements.

3.1.1.6. Develop strategies to provide the required technical related resources to the Government in a timely manner to meet the DoD mission.

3.1.1.7. Provide guidance and advice to the Government on the design, development, fielding, and maintenance of telecommunication and weapon systems.

3.1.1.8. Represent the ABAD program as contractor focal point at senior level technical briefings.

3.1.1.9. Assist in identifying technical personnel requirements for new program positions.

3.1.1.10. Oversee the application of corporate and Government policies and procedures at all program locations.

3.1.1.11. Solicit feedback from the top leaders/managers in the customer community to determine the quality of performance of this contract and take necessary actions to correct deficiencies.

3.1.2. Operations Management. Operations conducted by the Contractor on behalf of the Government may consist of employing Government-Furnished or Contractor provided/leased equipment to be determined on each individual TO. The Contractor shall provide the Government with the option to purchase any leased equipment as determined at the TO level. Purchase options for leased equipment shall include the option to purchase leased equipment and the equipment to run the lease equipment at any time. Purchase options shall be defined at the TO level. Personnel shall be required to support a variety of operational duties such as, but not limited to:

3.1.2.1. Assist with identifying, preparing, planning, activating, and operating, (commonly referred to as pre-deployment, deployed, post-deployment, and re-deployment site support) base defense operational sites.

3.1.2.2. Aid in training support initiatives as requested by the Government in relation to ABAD initiatives. This includes routine US military training and exercises, bilateral and multilateral exercises, and training involving NATO allies and partners. Provide customers with operational training in platforms, platform systems, and other capabilities in various simulated training environments.

3.1.3. Frequency clearance. Frequency clearance is required to conduct operations and training activities.

The Contractor shall request approvals from the USAFE spectrum management at least 90 calendar days prior to activity. The Contractor shall designate a primary and alternate frequency authorization/clearance monitor. The frequency monitor shall coordinate with the host base spectrum management office to request and maintain temporary and permanent authorizations of the ground frequencies necessary to operate Radio Frequency (RF) radiating devices assigned under the contract.

The frequency monitor shall as a minimum:

3.1.3.1. Maintain and update at least monthly a current…