ATTACHMENT I Performance Work Statement_Air Compressor Repairs_FINAL.pdf

ATTACHMENT I - PERFORMANCE WORK STATEMENT (PWS)

Building 9A Air Compressor Repair

Part 1 - General Information

1. GENERAL: This is a non-personnel services contract to provide Air Compressor Repairs. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform repairs to the air compressor within building 9A as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background: This is the primary compressor for tool air that supports 75% of the mission and all of buildings 1E, 1A, 4(all bays), 9, & 30.

1.3. Objectives: Repair and restore the air compressor in building 9A to original working conditions. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision.

1.4. Scope: Repair the Ingersoll Rand Compressor located in building 9A. Work includes the purchase and installation of parts from the Original Equipment Manufacturer (OEM) and operational testing upon completion. See Part 5 for Specific tasks.

1.5. Period of Performance: The period of performance shall be for 60 days and includes all lead times on parts required for these repairs.

1.6. Quality Assurance: [Not applicable] The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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 minimum acceptable defect rate(s).

1.7. Hours of Operation: The contractor is responsible for conducting business, between the hours of

0700 and 1500 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. hen hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7.1. Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day June 19th Thanksgiving Day Independence Day Christmas Day

1.8. Place of Performance: The work to be performed under this contract will be performed at Building

9A at Tobyhanna Army Depot.

1.9. Type of Contract: The government will award a Firm Fixed Price (FFP) Contract.

1.9.0 Security Requirements: Contractor personnel performing work under this contract must be able to pass a standard background check and must maintain the level of security required for the life of the contract to access the depot. Contractor must be able to obtain an unescorted clearance to the site.

Government escorts will not be provided for this contract.

1.9.1. PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.9.2. Key Control: [Not applicable] The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the POC.

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

1.9.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the POC.

1.9.2.3. Lock Combinations: The Contractor shall establish and 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. These procedures shall be included in the Contractor’s Quality Control Plan.

1.10. Post Award Conference/Periodic Progress Meetings: [Not applicable] The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The POC and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the POC will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.11. Contracting Officer Representative (COR): [Not applicable] The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12. Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the POC. The contract manager or alternate 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 shall be available between 0730 and 1500, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

1.13. Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.14. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the POC 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 POC to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the POC and in the event the POC unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the POC 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.

1.15. PHASE IN /PHASE OUT PERIOD: Contractor shall become familiar with performance requirements to commence full performance of services on the contract start date. Contractor shall meet with the Point of Contact (POC) prior to the start of work to ensure mutual understanding of the requirements.

Upon completion of requirements under this contract, contractor shall meet with the COR to ensure the air compressor is in fully operational status.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

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

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Facilities: The Government will provide access to building 9A compressor room once approved by security for entry to Tobyhanna Army Depot.

3.2. Utilities: The Government will provide access to utilities such as water, electric, storm sewers, etc.

The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for the repair of the building 9A compressor to fully operational status.

5.2. Site Visit: To gain an understanding of the project, it is suggested that potential bidders attend the scheduled site visit when announced in order to obtain any desired measurements and other possible related issues.

5.3. Existing Conditions

5.3.1. It is the responsibility of the Contractor to confirm existing conditions at the compressor prior to the commencement of work.

5.3.2. Compressor Information

Brand: Ingersoll Rand Model: IRN200H-S2 Serial Number: NFF0687

5.4. New Work

5.4.1. New work under this contract will include the replacement of the Motor Stator, Fuse and

Output Power Module #1 on the existing compressor listed above. An assessment of the equipment failure has been done for the purposes of repairing this compressor. The following equipment parts need replacement:

Basis of Design: Ingersoll Rand

Part Number Description 47703538001 Kit, Motor Stator, 160k 22076087 Fuse, 660V, Fast 2.0A 22193932 Output Power Module, Drive HPM 220T

5.4.2. The contractor shall protect all Government property and clean all associated debris on and near the jobsite. Cleanup shall be to the satisfaction of COR.

5.4.3. The contractor shall send all debris to a certified state landfill. Manifests of weights shall be supplied to COR if requested.

5.4.4. All work areas shall be clean and in equal or better condition once repairs are completed.

5.4.5. The contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

5.5. Deliverables

5.5.1. Upon completion of the installation of the compressor and prior to final payment, the

Contractor shall run final test in the presence of the Point of Contact (POC) to ensure compressor is fully operational.

5.5.2. All literature and/or operating manuals shall be given to the POC upon completion.

5.5.3. All serial numbers, models and description shall be given to the POC. Contractor shall be responsible for verifying all parts are compatible with the existing equipment.

5.6. CONTRACTOR MANAGEMENT REPORTING (CMR): [Not applicable] The Office of the

Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country).

As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1 All installations shall comply The International Building Codes (IBC) and Unified Facilities Criteria Specification (UFCS). Codes And Standards Include, but not limited to, the latest: National Electric Code (NEC), National Fire Protection Association (NFPA), Underwriter’s Laboratory (UL), American Society Of Mechanical Engineers (ASME), American National Standards Institute (ANSI), Occupational Safety And Health Administration (OSHA), American Society For Testing And Materials (ASTM), American Society Of Heating, Refrigerating, And Air Conditioning Engineers (ASHRAE), International Mechanical Code (IMC), And International Plumbing Code(IPC).

6.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.3 Requirements checklist as specified below.

U.S. Army - Engineering Branch - TYAD

CONTRACT PACKAGE REQUIREMENTS CHECKLIST

Building 9A Air Compressor Repairs

APPENDIX E - STANDARD NEPA SPECIFICATIONS FOR PROJECTS MAY 2020 YES

APPENDIX G - ELECTRICAL DESIGN and CONSTRUCTION STANDARDS - OCT 2019 YES

APPENDIX K - CONTRACTOR SAFETY STANDARDS FOR TYAD FEB 2021 YES

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Technical Exhibit 7.1 – Performance Requirements Summary

7.2. Technical Exhibit 7.2 – Deliverables Schedule

TECHNICAL EXHIBIT 7.1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold Method of Surveillance

PRS # 1.

The contractor shall provide and install the indicated equipment parts listed in part 5.4.1. - New Work.

The contractor shall provide a fully operational compressor upon completion.

Zero Deviation from standard.

100% Inspection

PRS # 2

The contractor shall test compressor upon completion to ensure fully operational status.

The contractor shall test compressor in the presents of the COR/POC

Zero Deviation from standard.

100% Inspection

TECHNICAL EXHIBIT 7.2

Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To Final Test findings and literature provided with the newly installed parts.

Upon completion of all work.

One copy to the

COR.

Electronic and/or paper.

COR/POC for this contract.

SECURITY REQUIREMENTS

Contractor personnel working on the Tobyhanna Army Depot must be fully identified. Contractors register with TYAD Security in Building 606. All employees, staff, and subcontractor personnel, etc., who will require access must present the following to access TYAD:

A. Full name B. Driver’s License C. Nationality (if non-U.S. Citizen, alien registration number)

If Contractor vehicles are required for use on TYAD, the following IDs are required:

A. Make B. Model C. State Registration D. Insurance E. License Plate #

Contract personnel are expected to perform work during normal TYAD duty hours (0730-1600). If work must be performed otherwise, permission must be obtained three working days prior from the Security Office through the TYAD Representative.

Contractor personnel must confine themselves to the work sites specified in their contract. Visiting other areas is prohibited.

Alcoholic beverages, weapons, cameras, sound recorders, prescribed drugs, and explosives are prohibited on Government property.

Use of Government property without prior written approval of the On-Site Representative is prohibited.

TYAD will arrange for special Contractor parking if required. Contractor personnel must not park in numbered spaces, areas reserved for carpools, grassy areas, or other prohibited areas. Posted speed limits and traffic restrictions must be observed at all times.

Accidents or problems of a security/safety nature must be reported to the Security (570.615.7550) and TYAD Representative (570.615.7306/8139) immediately.

Contractor personnel working on station for less than 30 days may be required to log in and out at the Visitor's Center each day and will not be issued an Extended Entry Contractor's Badge. The On Site Representative will provide information on how to obtain an Extended Entry Contractor's Badge if one is required.

Pursuant to federal regulations, all personnel and vehicles on Government property are subject to search by authorized personnel at any time.

All Contractors personnel are required to display the TYAD issued identification badge on their person at all times while present on the installation. Access to Government property will not be allowed without this identification badge. The badge is to be displayed on the person outer clothing, above the waist and in full view. Identification badges and vehicle passes issued to Contractor personnel remain the property of the U.S. Government and must be surrendered upon completion of the Contractor at the termination of individual employment, and when requested by the Government.

A list of all personnel working under this contract should be turned in immediately after award to allow sufficient time to process security information.

TYAD Security Requirements:

All TYAD contracts and other acquisition-related documents must ensure privacy and security controls follow the information, and that contractors and service providers protect Privacy Act information in the same way the organization adhering to the Federal Acquisition Regulations (FAR) Privacy Act provisions (Subparts 24.1 and 24.2) and include the specified contract clauses (Parts 52.224-1 and 52.224-2), as appropriate, to ensure that personal information is protected as mandated.

In addition to the changes authorized by the clause of this contract; should Force Protection Condition (FPCON) at the installation change, the Government may require changes in contractor security matters and/or processes.

FPCON impact on work levels.

_X_ During FPCONs Charlie and Delta, these repair services are discontinued. Services will resume when the FPCON level is reduced to level Bravo or lower.

This contract and its employees are considered mission essential. Therefore, all contractor employees are required to report for duty and remain on duty during declared emergencies and/or elevated FPCON levels unless otherwise directed by the contacting officer via the appropriate COR.

Antiterrorism (AT) Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training prior to contract report date. This training is required for any additional or new contractor employees, who start after that period. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html for their training.

Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record, or contractor equivalent. As applicable, contractor employees must complete annual AT awareness training as it pertains the length of the contract.

iWATCH Army Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH Army Program. This will consist of utilizing the tools and media products on the informational iWATCH Army website to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/POC. The iWATCH training is available at the following website: https://myarmyonesource.com select Family Programs and Services, in the drop-down boxes select: Go To, iWATCH Army – “See Something, Say Something.” The contractor shall notify the COR/POC within 10 calendar days of review of the information on the website for any new employees or subcontractor personnel to assure the ELTY form 583 or contractor equivalent is properly documented.

Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by TYAD Law Enforcement. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided http://jko.jten.mil/courses/atl1/launch.html by the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

A background check and approval from Tobyhanna Army Depot (TYAD) Law Enforcement is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming, and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, “Request Access to Tobyhanna Army Depot” to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD. See “Access and General Protection/Security Policy and Procedures”.

Submit the completed ELTY Forms 648-C form(s) to the COR or POC. Ensure contracts include the provisions that check for the possibility of and prevent undocumented workers for inclusion in contracted work related to Army missions.

The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

Collection of Badges: [If applicable] The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

The POC may delay final payment under a contract if the Contractor fails to comply with these requirements. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally controlled facility and/or routine access to a Federally controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in of this section, unless otherwise approved in writing by the POC. The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility. Contractor personnel will obtain a vehicle pass for access to the military installation and Common Access Cards (CAC) for computer access, if applicable.

Threat Awareness and Reporting Program (TARP). [If applicable] For all contractors with security clearances, per AR 381-12, TARP contractor employees must receive initial and annual TARP training by a CI Agent or other trainer as specified in 2-4b.

Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 60 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security.

This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training. The training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

a. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official Business controlled unclassified information may only be transmitted as directed in the SOW/PWS.

b. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official Business controlled unclassified information may only be transmitted as directed in the SOW/PWS.

c. The Contractor shall not post to company websites, publications, newsletters, or other media any images, data or information that reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information. When in doubt, company press releases related to this contract should be coordinated through the Contracting Officer Representative (COR) or Technical Point of Contact, as applicable.

d. Because observation of events, operations, physical changes, etc. may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. (Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC § 793.) Therefore, contractor personnel shall not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data or information, or observed events that reveal sensitive government operations, personnel, equipment, including, but not limited to:

e. Tactics, techniques and procedures, production or work schedules, any visible or concealed modifications, upgrades, additions to vessels, aircraft, or weapons or equipment; increases, change, or decreases in work/deployment frequency or government personnel, vehicle, vessel or aircraft movements;

specialized equipment orders, deliveries, shipments, etc., Unauthorized disclosures and attempts to solicit this type of information by unauthorized third parties or others not affiliated with this contract shall be reported to the installation Security Office, contract point of contact, and your company Facility Security Officer and/or the Defense Security Service. Non-Disclosure requirements remain in effect during the duration of this contract and indefinitely thereafter.

f. Government issued badges, identification shall be removed and/or concealed from plain sight when off station and shall not be left in vehicles or unprotected. Badges and passes may not be duplicated or copied or loaned to others. Lost or stolen identification badges, vehicle passes etc. will be immediately reported to the installation Security Office.

g. Practice OPSEC and implement countermeasures to protect CI and other sensitive unclassified information and execution of military operations performed or supported by the contractor in support of the mission. Protection of CI will include the adherence to and execution of countermeasures which the contractor initiates or as provided by TYAD, for CI on or related to the SOW/PWS.

http://cdsetrain.dtic.mil/opsec/index.htm

h. It is strongly recommended the contractor mark and protect related internal production schedules, deliverables, inventories, and shortages and identified vulnerabilities related to production of government material. Internal company markings e.g., Business Sensitive, etc., are appropriate for identifying the aforementioned as sensitive information. Specific Government-provided information, drawings etc., will be protected in accordance with guidance in applicable paragraphs of the SOW.

i. All government information must be destroyed at contract termination or returned to the government at the government’s discretion.

Information Security (INFOSEC). Contractor personnel must comply with local security requirements for entry and exit control for personnel and property at the Government leased facility or any Government facility where work is being performed.

Contractor employees will be required to comply with all Government security regulations and requirements. Initial and periodic security training and briefings will be required. Failure to comply with security requirements can cause for removal and the Contractor will not be permitted to provide service on this contract.

The Contractor shall not divulge any information about DoD files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at the Government leased facility or any other Government facilities where work is being performed. Identification shall be worn and displayed as required.

COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations.

Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall 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.

Safeguarding Controlled Unclassified Information (CUI). CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 CFR 2002.4(aa) as implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re- using, and disposing of the information.” 81 Fed.

Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. Marked appropriately;

b. Disclosed to authorized personnel on a “Need-To-Know” basis;

c. Protected in accordance with NIST SP 800-53, Rev. 4 Security and Privacy controls for Federal

Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. Returned to TYAD control, destroyed when no longer needed, or held until otherwise directed.

Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

Safeguarding Sensitive Information: For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with FISMA by securing it with a FIPS 140-2 validated solution.

Confidentiality, Integrity, Availability, and Nondisclosure of Information: Any information provided to the contractor (and/or any subcontractor) by TYAD or collected by the contractor on behalf of TYAD shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The contractor assumes responsibility for protection of the confidentiality, integrity, and availability of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the contractor. Each contractor employee or any of its subcontractors at any level to whom any TYAD records may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein. The confidentiality, integrity, and availability of such information shall be protected in accordance with TYAD policies and instructions.

Unauthorized disclosure of information will be subject to the TYAD sanction policies and/or governed by the following laws and regulations:

• 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

• 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

• 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

• 18 U.S.C. 1030 The Computer Fraud and Abuse Act (CFAA)

• 44 U.S.C. 3301 Definition of Records

Government Access for Security Assessment: In addition to the Inspection Clause in the contract, the contractor (and/or any subcontractor) shall afford the Government access to the contractor’s facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment (to include vulnerability testing), investigation, and audit to safeguard Security and Privacy Requirements for Information Technology Procurements against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of TYAD, including but are not limited to:

a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government’s direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of the contract. The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, Structured Query Language (SQL) injection vulnerabilities, and any other known vulnerabilities.

b. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.

c. Cooperate with inspections, audits, investigations, and reviews.

National Defense Authorization Act Section 889 Compliance: DoD, GSA, and NASA have issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115- 232). Section 889(a)(1)(B) prohibits executive agencies from entering, extending, or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, on or after August 13, 2020, unless an exception applies, or a waiver is granted. See solicitation provision 52.204-24 and clause 52.204-25.