DRAFT PWS ACES.pdf

DRAFT

PERFORMANCE WORK STATEMENT (PWS)

US Army Reserve Command (USARC)

Army Continuing Education Services (ACES)

PART I

General Information

1.0 GENERAL: This is a non-personal services task order to provide the United States Army Reserve Command (USARC) Education Support Services. Education support services are directed by Army Continuing Education System (ACES). Contract service providers will be positioned at (14) fourteen United States Army Reserve (USAR) education centers throughout the United States and its territories to assist in delivery of education services. 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, except for those items specified as Government-furnished property and services, to perform Education Support Services at locations identified in Technical Exhibit 4 during the life of this task order. The Contractor shall be in accordance with (IAW) the terms and conditions of the task order and the established standards in this PWS.

1.2. Army Education Support Zones: The education support zones are located throughout the Continental United States (CONUS), to include Puerto Rico and Hawaii.

Locations have been divided into three zones: Zone 1 - East, Zone 2 -Middle States, Zone 3 -West. Reference Technical Exhibit 4.

1.3. Background: The Department of Defense (DoD) directs Military Departments to provide Service members with opportunities to continue their education similar to those available to their peers in the civilian sector. The Army implements this directive through Army Regulation 621-5, Army Continuing Education System and the Department of Defense Directive (DoDD) 1322.SE, Voluntary Education Programs for Military Personnel. The ACES mission is to vigorously promote lifelong learning opportunities to sharpen the competitive edge of the Army by providing and managing quality self-development programs and services. ACES supports Soldiers' professional growth through a continuum of education programs and services that range from academic and career guidance to enhancement of job performance and skill qualifications and includes assistance to ease the transition of Soldiers returning to civilian life. ACES also support the education and career goals of family members, Department of the Army civilians, and other eligible personnel.

1.4. Objective: The Contractor shall perform ACES support services following the guidance in Army Regulation 621-5, Army Continuing Education System and the DoDD 1322.SE, Voluntary Education Programs for Military Personnel. The objective of this task order is to provide support services to Government professionals in the delivery of adult education services at locations identified in Technical Exhibit 4. Specifically the contractor shall:

1.4.1. Provide vision, policy, and direction to plan and operate programs and services.

1.4.2. Provide lifelong learning opportunities to enhance job performance, skill qualifications, and career growth for the Army and its future leaders.

1.4.3. Promote the development of critical thinking and decision-making skills through a variety of Programs, including basic skills and postsecondary, enabling Soldiers to adapt to new challenges.

1.4.4. Leverage emerging technologies to streamline education, training, and business practices. Design, build, and implement education enterprise architecture.

1.5. Scope: The Contractor shall assist ACES professionals in the delivery of adult education programs such as Tuition Assistance (TA), Credentialing Assistance, Reserve Component-Student Loan Repayment Program, all GI Bill Programs, and review of Soldier’s academic history. The Contractor is required to have at least one individual that is considered the Site Manager at each location. The site manager serves as the principal interface with the Government for all contractor employees.

1.6. Period of Performance: The Period of Performance for this requirement shall include a 12-month base period that includes a Phase-In Period of two weeks, and four (4) twelve (12) month Option Periods.

Phase-in: 14-days Base Period: 11.5 months Option No 1: 12 months Option No 2: 12 months Option No 3: 12 months Option No 4: 12 months

1.6.1. Quality Control: The contractor is responsible for the delivery of quality services/ supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements). The Contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the task order Section 5 and will be submitted to the Contracting Officer (KO) and Contracting Officer’s Representative (COR) for approval five (5) work days after task order award.

1.6.2. After acceptance of the QCP, the contractor shall receive the KO’s acceptance in writing or any proposed changes to the QC procedures. The contractor shall submit QCP changes five (5) work days before the change’s scheduled implementation to the KO and COR for review and approval. Implementation shall not occur until acceptance is received from the KO and COR. The Quality Control Plan shall address as a minimum:

1.6.3. Inspection System. The contractor shall develop, implement and maintain a system to inspect their services as well as their subcontractor services and products to ensure compliance with PWS requirements, and applicable laws, regulations, Contractor’s organizational and management structure, titles, responsibilities and qualifications, work, and quality control verification. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis.

1.6.4. Inspection Files. The contractor shall document all inspections conducted, and the necessary corrective and preventive actions taken. The contractor shall retain records on-site of all inspections conducted by the Contractor and necessary corrective action taken. These documents shall be available for inspection by the Government during the term of the task order.

1.6.5. Deficiency Identification, Prevention and Correction. The QCP shall include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS, without dependence upon Government direction. The QCP at a minimum shall address process control and continuous process improvement; procedures for scheduling, conducting and documentation of inspections;

discrepancy identification; procedures for root cause analysis; corrective and preventive action procedures to include procedures for addressing Government discovered non-conformances;

procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The QCP shall document process control and process performance measurement procedures that shall include how the Contractor implements preventive corrective actions.

1.6.6. The contractor shall keep records on-site of all inspections conducted by the Contractor and the necessary corrective actions taken. These documents shall be available for inspection by the Government during the term of the task order.

1.6.7. The QCP shall have a customer comment processing system for comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). Government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process. The contractor shall document all customer complaints and report the complaint to the COR within one workday after receipt of complaint. The contractor shall use electronic mail or other written memoranda as notification. Each customer complaint reported to the COR shall have a scheduled completion date subject to COR approval.

1.6.8. Upon request from the COR, the Contractor shall provide all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts /graphs.

1.6.9. The QCP shall include a disaster contingency plan. The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.

1.7. Non-Conformance Report (NCR): When the Contractor's performance is unsatisfactory, a NCR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.8.1. Quality Assurance: The COR shall evaluate the Contractor’s performance under this task order in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the COR 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). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance. The QASP is a Government document and it shall not be released to the Contractor.

1.9. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

• New Year’s Day 1st day in January

• Martin Luther King Jr’s Birthday 3rd Monday of January

• President’s Day 3rd Monday of February

• Memorial Day Last Monday of May

• Juneteenth 19TH day of June

• Independence Day 4th day in July

• Labor Day 1st Monday of September

• Columbus Day 2nd Monday of October

• Veterans Day 11th day of November

• Thanksgiving Day 4th Thursday of November

• Christmas Day 25th day of December

1.9.1. Any federal holiday falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday. The Department of Labor (DOL) wage determinations applicable to this TO may require additional holidays than those stated above. The Contractor is responsible for complying with wage determination requirements and all other appropriate DOL laws and regulations.

1.9.2 When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.9.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.9.2.2. Reschedule the work on any day that is mutually satisfactory

1.9.3. Hours of Operation. The Contractor is responsible for performing all PWS tasks at all fourteen (14) Education Offices locations from 7:30 a.m. through 4:30 p.m., Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

The Contractor is responsible for conducting business, for a maximum of 40 hours per week or a maximum of 80 hours per two week pay period except on 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 task orders, the Contractor shall not be reimbursed when the Government facility is closed for the above reasons. The Contractor shall 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. The stability and continuity of the workforce are essential. The contractor shall have a hiring plan and backfill any vacant position within ten business days. All sites outlined in Technical Exhibit 4 of this PWS shall not be vacant more than ten consecutive business days within a 12 month period of performance. The contractor shall have a complete understanding of the hiring requirements and tax laws at all locations outlined in Technical Exhibit 4 of this PWS which includes Puerto Rico. 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. The Contractor shall staff locations to ensure stability and continuity of the workforce.

1.9.4. Place of Performance: The work to be performed under this task order will be performed at the fourteen (14) USAR (CONUS/OCONUS) Education Office Locations (Reference Technical Exhibit 4).

1.9.5. Continuity of Operations During Emergency Situations. Contractor may be expected to telework for the duration of an emergency pursuant to:

1) Component policy; 2) a pandemic or 3) when the regular worksite is closed or closed to the public due to natural or manmade emergency situations (e.g., snowstorm, hurricane, act of terrorism, etc. The Government has determined that certain task areas within this PWS are suitable for telework. The Contractor may be allowed to telework on a situational basis only with COR approval. The COR or his supervisor is the only authorized approvers of situational telework. The Contractor shall ensure that all customers, whether in the defined service area, teleworking, working remotely, or at another duty location receive the same high quality service and support. If the contractor uses Government-furnished equipment (GFE), the contractor will use and protect the equipment in accordance with (USARC G1) procedures. GFE will be serviced and maintained by the Government. The contractor agrees to comply with the terms of computer software license and copyright agreements, computer virus and protection requirements and procedures. No classified documents (hard copy or electronic) may be taken to, or created at, the contractor’s alternative worksite. If classified telework is authorized at an approved alternative secure location, teleworkers must comply with the procedures established by DoD 5200.01-R and the DoD Component regarding such work. For Official Use Only (FOUO) and controlled unclassified information (CUI) data may be taken to alternative worksites if necessary precautions are taken to protect the data, consistent with DoD regulations. The COR may inspect the home worksite, with coordination with the contractor PM only, if the COR has reason to suspect that safety standards are not being met and GFE is not being properly maintained. The (USARC G1) will not be responsible for operating, maintenance, or any other costs (e.g., utilities) associated with the use of the contractor's residence.

The (USARC G1) is not liable for damages to a Contractor's personal or real property while the Contractor is working at home, except to the extent the Government would be held liable by the

Federal Tort Claims Act or from claims arising under the Military Personnel and Civilian Employees Claims Act. The contractor will not be reimbursed for telework expenses (e.g., installation of broadband or telephone lines) incurred while conducting business for the Government, as provided by statute and implementing regulations and as articulated in the PWS.

The following task areas may be allowed to telework on a situational basis: (Refer to sections 5.1.2

- 5.1.41 for telework applicability)

1.9.6. Type of Contract: The Government shall award a Firm Fixed Price contract for this requirement.

1.10. Security Requirements: Contractor personnel performing work under this task order shall have a Tier 3 background check prior to work commencement and must maintain the level of security required for the life of the task order. The Contractor shall be responsible for safeguarding information of a confidential or sensitive nature. Failure to safeguard any privileged information which may involve the Contractor or the Contractor’s personnel or to which they may have access may subject the Contractor and/or the Contractor’s employees to criminal liability under Title 18, section 793 and 7908 of the United States Code. Provisions of the Privacy Act apply to all records and reports maintained by the Contractor. Security requirements for this task order are stated in Attachment-DoD Contract Security Classification Specification (DD254) (Reference Attachment 1). Reference also: DoD Directive 5220.22-M, DoD Industrial Security Manual for Safeguarding Classified Information, and any revisions, thereto, as well as Industrial Security Regulation DoD 5220.22-R.

1.12.1. Security Clearance: The security requirements are in accordance with the attached DD254 (reference Attachment 1). Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites.

1.12.1.1. Threat Awareness Reporting Program. For all contractors with a security clearance, Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive the annual TARP training by a CI agent or other trainer as specified in 2-4b of AR 381-12 within 30 calendar days of their reporting for duty and annually thereafter. All training certificates must be sent to the COR once completed. TARP training shall be access through government computer and completed online at http://learning.dmdc.osd.mil/

1.12.1.2. Originate the request through your Contractor Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement.

1.12.1.3. Contractor personnel shall have a favorable Tier 3 background check with inquiry in accordance with Security definition for personnel who occupy “ADP (Automated Data Processing) Sensitive” positions, as per AR 380-67, paragraph 3-601, “The Personnel Security Program” no later than 30 days after the award of the task order.

1.12.2. Common Access Card Issuance: Contractor employees that require access to Government systems to perform services under this task order shall obtain a CAC. Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated, National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014‐05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on‐site or remotely; (2) remote access, via logon, to a DoD network using DoD‐approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non‐DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management. Proof of employment and security clearance / favorable background check is required before an ID CAC will be issued authorizing access to the Installation and Government computer systems. CACs may not be issued to Contractor employees unless a data record authorizing CAC issuance is resident in the Defense Enrollment Eligibility Reporting System (DEERS). The Trusted Agent Sponsorship System (TASS), https://www.dmdc.osd.mil/tass, is a secure and authorized means of entering Contractor data into DEERS in addition to automating the CAC application and approval process.

1.12.2.1. CAC Registration Process. No later than ten (10) business days after task order award and within (3) three business days of employee replacement under this task order, the Contractor shall submit applicable CAC registration documentation to the COR for all personnel requiring a CAC. Be advised that CAC issuance is restricted and should be limited to Contractor personnel directly assigned to support this task order.

1.12.2.2. Before termination or completion of employment the Contractor shall retrieve all identification media (CAC, building electronic access cards, etc.) from their employees; and coordinate with the COR-RA for return of the Government identification media. Reference Federal Acquisition Regulation (FAR) Clause 52.204-9 – Personal Identity.

1.12.2.3. All Contractor personnel performing work under this task order shall obtain a Department of Defense (DoD) Common Access Card (CAC). The CAC shall be worn at all times, when performing work under this task order, to include attending government meetings and conferences.

Reference CAC Issuance and Revocations: DoDI 5200.46, September 9, 2014

1.12.2.5. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR prior to the end of the phase-in period.

1.12.2.6. The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the task order performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of task order performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.12.3.2 Physical Security Plan: This portion of the Contractor’s security program shall address physical security aspects associated with task order performance and describe how the Contractor http://www.dmdc.osd.mil/tass shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190- 51; Department of Defense (DOD) 4500.9-R, and Department of Defense Instruction (DODI)

5100.76 and DODI 5220.22, and applicable policies which shall be provided by the Government customer. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13. Physical Security Plan shall be submitted to the COR within ninety (90) days of task order award.

1.12.3.4. Key Control: The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5, if classified materials are being stored. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. 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 COR and the Building Facility Manager.

1.12.3.4.1. In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, 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.

1.12.3.4.2. 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 KO.

1.12.4.1. Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoDD 8570.01-M and AR 25-2 within 180 days of employment.

1.12.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this task order shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved, detailing the contracted services to be performed, location of services, and duration of the task order. Contractors requesting access for less than one year may receive an AIE visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to four years depending on the terms of their task order. AIE card expirations may be updated to reflect a new task order period by submitting an approved. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this task order, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.13. Anti-Terrorism Program

1.13.1. Anti-Terrorism (AT) Level I Training. Contractor personnel performing work under this task order that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this task order. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. All training certificates must be turned into the COR. AT Level I awareness training is available at the following website:

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.13.1.1. Anti-Terrorism Program and Operational Security (OPSEC). OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. All training certificates must be turned into the COR. OPSEC Awareness for Military Members, DoD employees and Contractors is available at the following website:

https://securityawareness.usalearning.gov/opsec

1.13.1.2. iWATCH Training. This training shall be completed within 30 calendar days of task order award with the results reported to the COR NLT 45 calendar days after task order award. New employees shall complete the training within ten (10) calendar days of commencing performance of work under this task order t, with the results reported to the COR NLT fifteen (15) calendar days.

Examples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx and https://www.army.mil/e2/c/downloads/287489.pdf

1.13.3. Contractor Employees Requiring Access to Government Information Systems. Contractor shall have access to Government-controlled information systems during performance of work under this task order. All contractor employees and associated subcontractors who require access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of support services, and must successfully complete the DoD Information Assurance Awareness prior to access to the information systems. Training shall be required annually after the initial training. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of commencing performance under this task order.

1.14. Safety. The contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence.

https://securityawareness.usalearning.gov/opsec https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx https://www.army.mil/e2/c/downloads/287489.pdf

1.14.1. Environment and OSHA. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the task order shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected.

The Contractor shall take due caution not to endanger personnel during performance of this task order. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

1.15. Organizational Conflict of Interest: The contractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5.

1.15.1. Sexual Harassment and Assault Response Prevention (SHARP) Training: In accordance with the NDAA Fiscal Year 2012 (sections 584 and 585), Contractor personnel supporting this TO shall complete SHARP training. The Contractor shall complete the training within seven calendar days after receipt of CAC and within seven calendar days of employee replacement under this task order and annually thereafter. Training can be accessed at the following website: http://www.sexualassault.army.mil/. The Contractor is responsible for ensuring all applicable employees have completed requisite training annually, and shall include the names of personnel that have completed the training as part of the MSR. NOTE:

In the event that the automated system at the listed website is not available (e.g., server problems), the Contractor shall notify the CORs in order to attain resolution of this issue

1.15.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this task order possess and maintain current certifications as indicated in this PWS during the execution of this task order.

1.15.1.2. Contractor personnel performing work under this task order shall be able to read, write, speak, and understand the English language to effectively carry out all task order requirements.

They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.15.1.3. Contractor personnel performing work under this task order shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.15.2. Key Personnel: Key personnel shall not be added to or removed from the task order without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO and COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this task order for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this task order are replaced within ten (10) work days of the termination.

1.15.2.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this task order. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this task order. The PM or APM shall be available between the hours of 7:00 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons. The Program Manager's responsibilities include, but are not limited to:

1) Acting as the primary point of contact for the Contractor;

2) Ensuring that there are a sufficient number of trained and qualified employees and substitute personnel to meet the service requirements of this task order at multiple locations, to include remote locations, at all times.

3) Ensuring that a management structure is in place that will be responsible for effective and timely coordination and management of all work required under this task order.

4) Ensuring that all deliverables and other terms of this task order are accomplished. In the absence of the PM, the APM shall fulfill all PM duties, and have full authority to act for the Contractor on all contract matters relating to daily operation of this task order.

1.15.2.2. Qualifications:

1.15.2.2.1. The Contractor is responsible for providing fully-trained personnel. Contractor personnel shall be trained and functional prior to performing services.

1.15.2.2.2. All employees shall be able to read, write, speak, and understand the English language to effectively carry out applied printed rules, detailed orders, instructions, and training material. Have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or e-mail) with co-workers, customers, and the general public.

1.15.2.2.3. All Contractor employees shall have proficient knowledge and experience in Microsoft Word, PowerPoint and Excel.

1.15.2.2.4. Contractor employees performing work under this task order shall be US citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-US citizen to perform the required support.

1.15.2.3. Program Manager (PM): The PM shall meet or exceed the following minimum qualifications:

• The PM shall have a Master’s Degree from a college or university that is accredited by a national or regional accrediting agency recognized by the U.S Department of Education and a minimum of five (5) years of Program Management experience.

• The Alternate PM shall meet the same qualifications as the PM.

1.15.2.4. Education Service Advisor Personnel:

1.15.2.4.1 Education Service Advisor shall have Bachelor’s Degree from a college or university that is accredited by a national or regional accrediting agency recognized by the U.S. Department of Education and at least two years of relevant work experience in advising or education services. Relevant work experience may also count the time in a completed education related/advisor internship towards the two year acceptable work experience.

1.15.2.4.2. An Associate’s Degree from a college or university that is accredited by a national or regional accrediting agency recognized by the U.S. Department of Education may be substituted for Bachelor’s Degree if coupled with at least four years of relevant work experience in advising or education.

1.15.2.5 Test Examiner Personnel:

1.15.2.5.1. The Test Examiner shall have Bachelor’s degree from a college or university that is accredited by a national or regional accrediting agency recognized by the U.S. Department of Education.

1.15.2.5.2. At least three years of professional relevant work experience in testing may be substituted for the Bachelor’s Degree.

1.15.2.5.3. After award, Test Examiners must also provide passing scores on all of the required online certifications, which are required to administer exams at their respective locations.

Proof of certification shall be provided to the COR within two weeks after commencement of the base period or within two weeks of notification from the COR/QAE. Primary certifications that are required include, but are not limited to: Defense Activity for Non-Traditional Education Support (DANTES), Army Personnel Testing (APT), and Army Personnel Testing Defense Foreign Language Program (DFLP). In the event other certifications are required, Contractor personnel shall provide proof of certification within two weeks of notification from the QAE.

1.15.3. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.15.4. Conduct of Personnel: The KO may require the Contractor to remove from the job site any employee working under this task order for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. In accordance with (IAW) Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S.C. 1382 (1972), The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this task order.

1.16. Contractor Travel: Contractor Travel is not authorized for this requirement. All costs associated with Program Manager Site visits shall be priced into the Base Labor CLIN on a Firm Fixed Priced (FFP) basis. All Travel Costs associated with the management of this task order, to include site visits and any other travel deemed appropriate by the contractor to deliver quality services shall be incorporated into the contractor’s total Firm Fixed Price proposal for the ACES task order.

1.17. Other Direct Costs (ODC): Task order ODCs are not authorized for this requirement.

1.19. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend (either in person or via teleconference) any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart

42.5. The post award conference will also be utilized to ensure contractor understands all HSPD- 12 requirements. IAW AR 70-13 para 4.b. (1). The contracting office will hold periodic status or progress meetings with the KO, the COR, the contractor, and other personnel as necessary (at least quarterly) to discuss problems, progress of the task order, and contractor performance. This meeting will be held at a mutually agreed location, or telephonically. The KO and COR will meet quarterly with the Contractor to review the Contractor's performance. Written minutes of meetings will be recorded by the Government and signed by both the Program Manager and the KO. The written minutes will be distributed within five (5) workdays after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes. The CORs must ensure that they receive copies of written minutes and other correspondence related to these meetings, including follow-up actions. These meetings shall be at no additional cost to the Government

1.20. Contracting Officer Representative (COR): The KO will appoint a COR during the performance of this task order. The COR will perform IAW the responsibilities and duties identified in the appointment letter.

1.20.1. COR Authority. A letter of designation will be issued to the COR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR, especially with regard to changes in cost, price estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order. The Contractor shall not in any way represent the United States (U.S.) Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

1.20.2. COR Functions. The COR monitors all technical aspects of the task order and assists in contract administration. The COR is authorized to perform the following functions: assure the Contractor performs the technical requirements of the task order; perform inspections necessary in connection with task order performance; maintain written and oral communications with the Contractor concerning technical aspects of the task order; issue written interpretations of technical requirements; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies, and coordinate site entry of Contractor personnel.

1.20.3. The KO is the only person authorized to direct changes in any of the requirements under this task order, and, notwithstanding any provisions contained elsewhere in this task order, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. All contract administration will be effected by the KO. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the task order, executed by the KO authorizing such changes.

The KO will approve all submittals and plans required in this PWS.

1.21. Phase-In/Phase-Out Periods:

1.21.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impact on additional services, the Contractor shall have all personnel on board, by the end of the fourteen (14) calendar day Phase-in Period. During the phase-in period, the Contractor shall become familiar with performance requirements, in order to commence full performance of services on the start of the base period of performance. The Contractor shall obtain their CAC or other form of government identifications, any specific government training, conducting inventory and transfer of incidental GFP/GFE/GFM during the phase-in period. The contractor shall have a hiring plan and must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. All sites outlined in Technical Exhibit 4 shall not be vacant more than ten consecutive business days within a twelve (12) month period of performance; additionally, each site will remain open/operational 90% of the time within a twelve (12) month period of performance. The contractor shall have a complete understanding of the hiring requirements and geographical labor rates per Department of Labor (DOL) for all locations including Puerto Rico as outlined in Technical Exhibit 5.

1.21.2. Phase-Out: Prior to the completion of this task order, an observation period shall occur, at which time the incoming Contractor may observe operations. This will allow for orderly turnover of facilities, equipment, and records and will help to ensure continuity of services. The outgoing Contractor is responsible for performing full services IAW the task order, during the fourteen (14) calendar day phase-out period, and shall not defer any requirements for the purpose of avoiding responsibility or of transferring, such responsibility to the succeeding Contractor. The outgoing Contractor shall fully cooperate with the succeeding Contractor and the Government, so as not to interfere with their work or duties.

1.21.2.2. Phase-Out Plan. The incoming Contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibility to a successor. The Contractor shall provide the plan to the COR thirty (30) days before the phase-out period commences. The plan shall fully describe the Contractor’s approach to the following issues, at a minimum:

• Inventories and turn-over of government property;

• Removal of Contractor property;

• Reconciliation of all property accounts;

• Turn-in of excess property; data and information transfer;

• Clean-up of Contractor work areas;

• Security debriefings in accordance with AR 380-5 for incumbent personnel holding security clearances; and any other actions required to ensure continuity of operations.

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 task order refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to 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 KO 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. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this task order.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

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

2.1.7. FACILITY CLEARANCE. A facility clearance (FCL) is an administrative determination that, from a national security standpoint, a facility is eligible for access to classified information at the same or lower classification category as the clearance being granted. The FCL may be granted at the Confidential, Secret, or Top Secret level. The FCL includes the execution of a Department of Defense Security Agreement (DD Form 441).