DRAFT PWS CSTA 15 Nov 24.pdf
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- Civil Support Training Activity (CSTA) Training Support Services Federal contract opportunity
- Solicitation number
- W9124J-25-R-CSTA
About this file
This document is a Performance Work Statement (PWS) for the Civil Support Training Activity (CSTA) Training Support Services contract. The PWS outlines the requirements for a contractor to provide personnel, equipment, supplies, facilities, transportation, tools, materials, and other non-personal services necessary to support Chemical, Biological, Radiological, and Nuclear (CBRN) Response Enterprise training and evaluation services.
Key objectives include providing subject matter experts as trainers and evaluators for military personnel; coordinating logistics support such as technical rescue facilities, role players, and medical/safety supplies; and establishing an Incident Command System to integrate Technical Support Force (TSF) units into training events. The contractor must have expertise in areas like mass casualty decontamination, urban search and rescue, and incident management. The PWS also details required qualifications for key personnel, quality control and assurance procedures, and security requirements. The contract will be a sole source Firm Fixed Price award with a 6-month base period.
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| SSN W9124J-24-R-CSTA 15 Nov 24.pdf |
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PERFORMANCE WORK STATEMENT (PWS)
Civil Support Training Activity (CSTA), United States (US) Army North (ARNORTH)
PART 1
GENERAL INFORMATION
Chemical, Biological, Radiological and Nuclear (CBRN) Response Enterprise (Civil Support Team (CST), CBRN Enhanced Response Force Package (CERFP), Homeland Response Force (HRF), Domestic CBRN Response Force (DCRF), Command and Control CBRN Response Element – Alpha and Bravo (C2CRE-A, and C2CRE-B) Technical Support Forces (TSF) Units – Training / Evaluation Support
1. General: This is a non-personal services contract to provide CBRN Response Element 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 to perform CBRN Response Enterprise (CRE) services as defined in this performance work statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 Background: This non-personal services contract provides support, to include assisting CSTA in the design, planning, preparation and execution of CBRN training events. Training events include Collective Training Exercise (CTE), Field Training Exercise (FTX), Command Post Exercise (CPX), Table Top Exercise (TTX), Search & Rescue (S&R) venue support, and training and evaluation of the TSF units assigned to conduct Mass Casualty Decontamination (MCD), Reconnaissance and Surveillance (R&S), Urban Search & Rescue (US&R), and medical operations under the scrutiny of ARNORTH. Contract personnel/SMEs are necessary to ensure TSF units possess the operational capability to respond appropriately to a large scale CBRN Weapons of Mass Destruction (WMD) incident. TSF units are high priority units within the CBRN Response Enterprise consisting of CST, CERFP, HRF, DCRF, C2CRE-A and B elements under the scrutiny of US ARNORTH, US Northern Command (NORTHCOM), and the Secretary of Defense. TSF units must be trained, evaluated, and validated to assess their operational capabilities before assuming the CRE mission each year. The purpose of this PWS is to identify the requirements needed to train and evaluate TSF units to augment CSTA training teams at numerous locations throughout the training year. The CSTA has become the Department of Defense’s (DoD’s) designated trainer and evaluator of the TSF units. They provide CBRN training and evaluations of TSF units assigned to the 15,000 man DOD CBRN Response Enterprise throughout the United States. Training and evaluations are conducted at military installations, local fire departments, cities near the units’ home station, state fire colleges, and the Maneuver Support Center of Excellence (MSCoE) at Fort Leonard Wood, Missouri. Training and evaluation standards have been established for each designated unit which must be successfully achieved before being assigned to this mission. These standards are included in Part 8. This training/evaluation mission is difficult and complex with regards to training, equipment, and facilities which ranges from classroom instruction, collective lanes training in a field environment, to 24 hour (scenario based) evaluations. This CBRN training requires significant continuous coordination and planning between the contractor and CSTA in order to ensure that Soldiers receive the best possible collective training and evaluation.
1.3 Objectives:
1.3.1. The services consists of contractor SMEs as trainers and evaluators of military personnel.
The training events include CTE, FTX, CPX, TTX, S&R venue support, and evaluation of the TSF units assigned to conduct CST, MCD, R&S, US&R, and medical operations. The contractor shall provide Exercise Coordinators, MCD SMEs, US&R SMEs, R&S SMEs, Medical SMEs, Communication SMEs, Command and Control SMEs (BN/BDE Level), Role Player Managers, and Incident Command System (ICS) SMEs. They must have the knowledge and skills to instruct personnel on the unit equipment, to include set up, operation and maintenance. They are responsible for assisting CSTA in the design, planning, coordination, preparation and execution of training.
1.3.2. The contractor shall provide logistical support for this training. The logistical support includes, but is not limited to, technical rescue facilities (if not available on military installations), portable latrines/wash stations, generators, light towers, role players replicating displaced civilians (DCs) for MCD missions (typically 20-170 DCs, based in mission complexity), clothing and moulage for the role players, casualty cards indicating signs/symptoms of the casualties, medical/safety supplies, hazmat placards/banners, crushed vehicles, mannequins, civilian ambulances and drivers to simulate the transport of casualties to local hospitals be treated, and construction supplies, such as lumber, nails, and concrete slabs to erect props for technical rescue operations. This listing is not allinclusive.
1.3.3. The contractor SMEs must have the experience and knowledge of working in this field as a firefighter and they shall be accredited by either the International Fire Service Accreditation Congress (IFSAC) or the National Board on Fire Service Professional Qualifications (Pro Board). Contractor personnel shall be fully qualified IAW Occupational Safety and Health Administration (OSHA) requirements, National Incident Management System (NIMS), and National Fire Protection Association (NFPA) 1670 training qualification standards. Medical SMEs must be accredited by appropriate medical credentialing agencies.
1.3.4. SMEs (also referred to as Observer Controller/Trainers (OC/Ts)) must know current Army Tactics, Techniques and Procedures (TTPs), Training and Evaluation Outlines (T&EOs, included in Part 8) and concept of employment operations for MCD, medical, search & rescue and R&S missions to train and evaluate TSF personnel in response to disaster and recovery operations.
1.3.5. The contractor shall provide feedback to the government trainers and military units, both oral and written, on the evaluated units’ performance during after action reviews. The contractor shall assess unit performance using training and evaluation outlines. They serve as a coach, teacher and mentor for their training audience.
1.3.6. The training audience ranges from a platoon of 22 personnel up to battalion size with approximately 750 personnel. The training and evaluations occur throughout the U.S. The units and ARNORTH determine where the training takes place and US Army Forces Command (FORSCOM) determines what units are designated for this mission. The units change every two years on average. On any given week, there are between two (2) and six (6) training events on average. The duration ranges from as little as two (2) days up to 14 days for large exercises involving more than one battalion sized unit. Currently, the government trains approximately 120 units totaling upwards of 5,000 personnel.
1.3.7. Training dates, facilities, equipment and the number of SMEs needed will be based on upcoming CST, CERFP, HRF, DCRF, C2CRE-A, and C2CRE-B training requirements.
Throughout the period of performance, the CBRN Enterprise will continue to provide training and evaluation dates based on unit availability and equipment status. Changes to existing training/evaluation requirements will be provided to the Contractor as rapidly as possible
1.4 Scope: The purpose of this effort is to acquire support for CBRN Response Enterprise (CRE) services. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the CRE services as defined in this PWS. Services include providing Exercise Coordinators, MCD SMEs, US&R SMEs, R&S SMEs, Medical SMEs, Communication SMEs, Command and Control SMEs (BN/BDE Level), Role Player Managers, and Incident Command System (ICS) SMEs. Additionally, the contractor shall provide the logistics services as outlined in Part 1.3.2.
1.5 Period of Performance: The period of performance shall be for one (1) base period of 6 months.
1.6 General Information
1.6.1 Quality Control Quality control is the responsibility of the contractor. 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, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction;
corrective action procedures to include procedures for addressing government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation. The quality control plan shall be delivered to the Government by email 30 days after contract award and every 90 day interval thereafter. A comprehensive written QCP shall be submitted to the Contracting
Officer Representative (COR) within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.
1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract.
1.6.3 Federal Government Holidays:
New Year’s Day 1st day of January Martin Luther King Jr. Day 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth Day 19th day of June Independence Day 4th day of 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
1.6.4 Hours of Operation: On-site support will be performed as required to support the training mission of USARNORTH. Hours of work are based on a 12 hour work day and may run continuously seven days per week for exercises lasting up to 14 days in duration. Start times vary as some of the exercises run continuously 24 hours per day. Training support may be required during holidays and weekends. The contractor is responsible for conducting business as required to support training requirements. Hours and days may differ depending on units and locations.
The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.4.1 Full time contract employees work at Ft. Sam Houston, Texas, 8 hours per day, when they are not performing on-site support.
1.6.5 Place of Performance:
1.6.5.1. The work to be performed under this contract will be performed at Fort Sam Houston, Fort Lewis, Fort Cavazos, Fort Liberty, Fort Riley, Fort Stewart, Fort Campbell, Houston, Philadelphia, Nellis AFB, Fort Johnson, Seattle, Fort Moore, Fort Stewart, State Fire Colleges, Las Vegas, Pascagoula, Fort Custer, Birmingham, Charleston, Little Rock, Camp Atterbury, Mucatastuck, or other areas determined to support training and evaluation exercises. Contractor must have access to designated locations in order to conduct training.
1.6.5.2. Training dates, SMEs needed, and locations will be based on upcoming unit training requirements.
1.6.6 Type of Contract: The Government will award a sole source Firm Fixed Price (FFP) contract.
1.6.7 Security Requirements:
1.6.7.1 Physical Security: Work associated with this contract is not classified (unclassified).
Operations Security (OPSEC) measures are required across all activities and operations required for the execution of the contract to protect unclassified information. This includes the protection of items on the USARNORTH Critical Information List, Personally identifiable information" (PII), and unclassified For Official Use Only (FOUO). All contractors (including subcontractors) identified in the PWS shall supplement their current security practices by requiring any personnel involved in executing the contract to complete Government-sponsored and administered Operations Security (OPSEC) training prior to the execution of their assigned tasks under this contract. Upon the award of this contract the contractor specialist security officer (CSSO) shall contact the contracting officer or designated COR to schedule key employees to attend the Government-sponsored OPSEC training. OPSEC training in accordance with AR 350-1 (Army Operations Security). Contractors will adhere to Army North and CSTA section OPSEC plans and policies in accordance with Army North OPSEC Standard Operating Procedures. The contractor must immediately notify the USARNORTH OPSEC Program Manager of any compromise of the identified critical and sensitive information.
1.6.7.2. The contractor shall have a Law Enforcement Local Files Check completed for all employees that will be entering US government facilities or working in proximity to US government personnel. Documentation of these background checks will be made available to the COR upon request. The contractor shall provide names and social security numbers of all employees that will be entering US government facilities or working in proximity to US government personnel to the COR seven days in advance of the event.
1.6.7.3. The contractor and all associated sub-contractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.6.7.4. 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 by government representative.
1.6.7.5. Contractor shall ensure that their employees entering US government 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.
Contractor will return all issued US Government Common Access Cards (CAC), installation badges and passes to the issuing office when the contract is completed or when a contractor employee no longer requires access to the installation. In addition to the changes otherwise authorized by the changes clause of this contract, should the security condition change at any facility or installation, the Government may require changes in contractor security requirements.
1.6.7.6. The Contractor shall comply with all applicable Federal, Department of Defense (DoD), Army and Air Force security regulations and procedures during the performance of this contract.
The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, Privacy Act data, and Government personnel work products that are obtained or generated in the performance of this contract.
1.6.7.7. The contractor shall comply with all applicable security regulations and procedures during the performance of this contract. Contractor shall not disseminate any Privacy Act data pertaining to Government personnel that is obtained or generated in the performance of this contract. This includes dissemination of protocols and papers not generally available through the public literature.
1.6.7.8. Contractor shall pre-screen all full time applicants using the E-verify program to meet established employment eligibility requirements.
1.6.7.9. Contractor shall ensure applicants complete SF85P, Questionnaire for Public Trust Position and submit to COTR/QAR for submission and processing by the Provost Marshal Office.
1.6.7.10. Contractor shall ensure applicants complete OFI Form 86C, Special Agreement Check (SAC) and be subject to a FBI Fingerprint SAC conducted by OPM.
1.6.7.11. Contractor will provide to the COTR/QAR a roster with standard name line and SSN of all applicants 21 days prior to role player duties.
1.6.7.12. All applicants are subject to a National Intelligence Agency Check (NIAC), a CI-Focused Security Screening Interview conducted by INSCOM and a FBI Fingerprint SAC conducted by
OPM.
1.6.7.13. The contractor shall be responsible for safeguarding government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.7.14. Contractors Requiring Common Access Card (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.
1.6.7.15. Contractors That Do Not Require CAC but Require Access to a DoD Facility or Installation. Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by Government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
1.6.7.16. Handling or Access to Classified Information. Contractor shall comply with FAR 52.204- 2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret,” and requires contractors to comply with: (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M) and (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.
1.6.7.17. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12, Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in paragraph 2-4b.
1.6.8. Special Qualifications / Performance Credentials. Incident Commanders, On Scene Commanders, and SMEs must possess the following respective credentials and shall perform services in each of the respective specialty areas:
1.6.8.1. Incident Commanders and Area Commanders: Accredited Fire Department experience with the rank of Battalion Fire Chief or higher level of a large metropolitan city and have at least 15 years of experience. As defined by the Census Bureau a Metropolitan Statistical Area is one or more adjacent counties or county equivalents that have at least one urban core area of at least a population of 50,000 plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties. Must have also completed Incident Commanders Course, ICS 100, 200, 300, 400, 700, and 800.
1.6.8.2. SMEs /OCs (safety officers, medical, US&R, MCD, and R&S SMEs /OCTs) must have ten years of experience in CBRN / HAZMAT field of expertise and completed ICS 100, 200, &
300. SMEs/OCTs must have HAZMAT Awareness, Operations, Incident Commander and Technician level certification. SMEs/OCTs must have functional knowledge of the labor provisions in Title 29 of the Code of Federal Regulations (CFR) and functional knowledge of the environmental provisions in Title 40 of the CFR.
1.6.8.3. US&R: Minimum of 10 years of experience as a FEMA US&R specialist having worked with WMD/HAZMAT incidents concerning high angle rescue, search & extraction, cutting & welding, shoring & moving, trench recovery, vehicle recovery, confined space operations, collapsed structure rescue, trench rescue, rope rescue, and command & control operations.
SMEs/OCTs must have Technical Rescue Level 1 and Level 2 Certifications and HAZMAT OPS certification. Contractor US&R personnel shall be, or have been a member of a Federal, State or County US&R team.
1.6.8.4. Medical Officers: Shall possess a nursing degree or be a Physician’s Assistant (PA) with at least 10 years of experience as a first responder in the medical field
1.6.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, will meet periodically, quarterly as a minimum, with the contractor to review the contractor's performance.
At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the contracting officer and contractor of any deficiencies;
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 with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Key Personnel: The contractor shall provide a Project 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 COR upon contract award. The Project Manager or Alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Project Manager or Alternate shall be available between 8:00 a.m. to 4:30p.m, Monday thru Friday, central standard time, except federal holidays or when the government facility is closed for administrative reasons
1.6.11.1. Key Personnel (resumes are required): The following personnel are considered key personnel by the government:
Title Functionality Project Manager Contract/Performance *Incident Commander (per each location) Incident Command Post *Safety Officer (per each loctation) Technical Rescue Training and Evaluations
* Resumes requires per each location when operating simultaneous training sites.
1.6.11.1.1. Project Manager (PM). Provide overall project management. Responsible for enforcing work standards, coordinating contractor schedules, reviewing work, and communicating policies and procedures. Responsible for overall contract/task order performance and direct interface with the COR. The PM shall have a minimum of 15 years of operational experience working as a firefighter. The PM shall have operational experience in both HAZMAT and US&R operations. The alternate Program Manager shall have a minimum of 15 years of operational experience working as a firefighter. The PM shall have operational experience in both HAZMAT and US&R operations, as well.
1.6.11.1.2. Incident Commanders (IC). Perform roles and duties as an IC for both single and unified commands. Responsible for providing direction and purpose to the Incident Command Staff and integrating military forces in support of the incident. The ICs shall have operational experience serving as an IC for incidents in metropolitan areas with more than 50,000 person population. The ICs shall have an associate degree or higher in fire science, chemistry, engineering, business or related field of study. The IC shall have completed FEMA ICS 300 and ICS 400 courses.
1.6.11.1.3. Safety Officers for Technical Rescue Operations. Perform roles and responsibilities as a Safety Officer for Technical Rescue training and evaluations. Ensure site operations are safe to perform training for collapsed structures, trench recovery, confined space operations, rope rescue, vehicle recovery and machinery recovery under HAZMAT conditions IAW NFPA 1006 and NFPA 1670. Provide site safety plans as part of Incident Action Plans for all training and evaluations. Provide updated safety plans prior to each entry and operational period. The Safety Officers shall have 10 years operational experience performing technical rescue operations. The Safety Officers shall possess Level II qualifications for confined space rescue, structural collapse, rope rescue, trench rescue, vehicle rescue and machinery rescue.
1.6.11.1.4. Key Personnel Management. Within fifteen (15) days of contract award, the contractor shall submit a list of individual(s) identified as key personnel to the KO and COR.
Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/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 contract for a continuous period exceeding 10 work days, the contractor shall promptly replace personnel with personnel who must meet the standards we set. The contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.
1.6.12 Identification of Contractor Employees: The contractor (to include subcontractors) shall provide each employee an identification (ID) badge, which includes at a minimum, the company name, employee name and a color photo of the employee. ID badges for key personnel shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each contractor (to include subcontractors) employees shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The contractor (to include subcontractors) shall be responsible for collection of ID badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the contracting officer prior to the contract performance date and updated as needed to reflect contractor and subcontractor personnel changes. 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.
1.6.15 Anti-Terrorism and Operations Security Requirements: All contractors (including subcontractors) identified in the PWS shall supplement their current security practices by requiring any personnel involved in executing the contract to complete Government-sponsored and administered Operations Security (OPSEC) training prior to the execution of their assigned tasks under this contract. Upon the award of this contract the contractor specialist security officer (CSSO) shall contact the contracting officer or designated COR to schedule key employees to attend the Government-sponsored OPSEC training. OPSEC training in accordance with AR 350- 1 (Army Operations Security). Contractors will adhere to Army North and CSTA section OPSEC plans and policies in accordance with Army North OPSEC Standard Operating Procedures. The contractor must immediately notify the USARNORTH OPSEC Program Manager of any compromise of the identified critical and sensitive information.
1.6.16. Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the contractor, not the government.
The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.
1.6.17 Contractor Travel . Designated SMEs and OC/T personnel are responsible for coordinating their travel to and from designated training /evaluation events. Travel expenses include airfare, airport parking, rental car, mileage, lodging and meals. Contractor shall be reimbursed in accordance with the provisions of the Federal Travel Regulations (FTR) and Joint Travel Regulation (JTR) incorporated by FAR (Federal Acquisition Requirements) Part 31.205-
46. All travel requires COR approval/authorization prio to travel commencing. Receipt for travel cost shall be provided to the government.
1.6.18 Other Direct Costs The contractor shall provide logistical support for this training. The logistical support includes, but is not limited to, technical rescue facilities (military and non-military installations), wrecked vehicles (demilitarized and free of hazardous liquids), search & rescue supplies and equipment (basic carpentry tools/lifting equipment to reset a training venue), expendables required to prepare/erect props (concrete, rebar, wood, rubble, gravel, etc.), medical/safety supplies, portable latrines/wash stations, generators, light towers, construction vehicles, mannequins, metal containers, role players, moulage, clothing, water and food for the role players, OSHA and NFPA compliant technical rescue and hazardous training material, etc., required for search and rescue training/evaluation events. Miscellaneous – Admin & Medical shall be pre-approved by the COR before the contractor incurs any expense.
1.6.19 Organizational Conflict of Interest:
a. Purpose. The primary purpose of this clause is to aid in ensuring that:
(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;
(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract;
and
(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.
b. Definitions.
(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.
(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.
c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.
(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.
(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.
(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.
d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4.
4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.
(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components
(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant.
(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors.
(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the Contracting Officer.
(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.
e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract.
The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.
f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the bsolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.
g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f.
above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.
h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.
i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities.
Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.
j. Representations and Disclosures.
(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.
(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.
k. Remedies and Waiver.
(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.
(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.
Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.
1.6.20 Combat Trafficking in Persons.
IAW FAR 52-222-50. Contractor Requirements.
The Contractor shall –
(1) Notify its employees of
(i) The U.S. Government's zero tolerance policy.
(ii) Actions that will be taken against employees for violations of this policy.
(2) Take appropriate action.
Part II, Trafficking in Persons (TIP)
1. The Contractor has a procedure for notifying employees of TIP and proof of such notification on file via:
i. Training records or
ii. Employee signature
2. Has documented actions on file citing appropriate action to TIP violations.
3. Record of documented violations to date (if any).
4. The Contractor has a procedure for notifying the Contracting Officer if information is received or actions related to TIP are observed.
1.6.21. IAW FAR 39.2, (Applicable to IT services only): HQIIS shall be compliant with Section 508, an amendment to the United States Workforce Rehabilitation Act of 1973. The Contractor shall ensure all HQIIS applications are accessible to people with disabilities and that current and future requirements to maintain compliance with Section 508 are met.
1.6.22. PHASE IN /PHASE OUT PERIOD
1.16.22.1 Phase-Out Period: Prior to the completion of this contract, an observation period shall occur, at which time key personnel of 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 ultimately responsible for performing full services IAW the contract during the 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. All outgoing contractor personnel shall out-process through the designated Government personnel to ensure compliance with the Government’s requirements for closing email accounts, terminating access, turning in CACs, computers, radios, etc.
1.16.22.2. Phase-Out Plan. The outgoing contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibility to a successor. The plan shall fully describe the contractor’s approach to the following issues, at a minimum: removal of contractor property, data and information transfer; clean-up of contractor work areas; and security debriefings in accordance with AR 380-5 for incumbent personnel holding security clearances;
and any other actions required to ensure continuity of operations. The plan shall also address how the contractor intends to ensure all contractor personnel will out-process through the designated Government personnel and ensure compliance with the Government’s requirements for closing email accounts, terminating access, turning in CACs, computer, radios, etc. The contractor shall provide the COR a draft of the plan no later than forty-five days prior to the commencement of the phase-out period. The final draft must be finalized no later than thirty (30) days before the phase-out period commences.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.
2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.
2.1.3. 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.
2.1.4. 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.
2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the performance work statement.
2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY
(GP). Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.
2.1.8. 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.
2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.
2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.
2.1.11. QUALITY ASSURANCE SPECIALIST. An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.
2.1.12. QUALITY ASSURANCE SURVEILLANCE…
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