Draft PWS_DHA Health Facility Planning Support.pdf

DRAFT

PERFORMANCE WORK STATEMENT

CONTRACT W912DY-25-D-00XX

DHA HEALTH FACILITY PLANNING SUPPORT

DEFENSE HEALTH AGENCY

FALLS CHURCH, VA

19 March 2025

1.0 GENERAL.

1.1 Contract Title. DHA Programs Support, Defense Health Agency, Falls Church, VA.

1.2 Responsibility. The contractor shall furnish sufficient technical and administrative personnel support to ensure the expeditious accomplishment of the work specified in this Performance Work Statement (PWS). Additionally, the contractor shall furnish all services, materials, supplies, equipment, investigations, studies, and travel required in connection with this PWS.

1.3 Direction. The Contractor shall accept directions only from the Huntsville Corps of Engineer Contracting Officer or the duly authorized Contracting Officer’s Representative (COR). The Contractor, as an independent agency and not as an agent of the Government shall provide the technical assistance necessary to accomplish the tasks under this contract. The activities performed by the Contractor shall be limited to those authorized in this PWS. Contracted employees must not perform functions or tasks that are considered inherently governmental as defined in the Federal

Acquisition Regulation (FAR) at Part 7.5 or perform functions or tasks that are “closely associated with inherently governmental functions”. Furthermore, as proscribed by FAR Part 37.104, the Contracted employees must not perform functions or tasks that are personal services or perform authorized functions or tasks in a manner that would be construed to be performance of personal services. Specifically, the Contracted employees must not perform functions or tasks that require relatively continuous supervision, direction and control of a government officer thereby creating the appearance of an employer-employee relationship. The Contractor workforce will work with and provide reports/information to Government employees, but under no circumstances will the Contractor allow themselves to be under the supervision and control of a government official or employee. Requests or desires of the Users or Using

Agency made directly to the Contractor will be immediately brought to the attention of the COR. Any changes to the project scope or other provisions of this PWS must be authorized in writing by the Contracting Officer. The COE technical POC for this work is Jennifer Merry 938-210-9601, Jennifer.l.merry@usace.army.mil.

2.0 DESCRIPTION.

2.1 Background: The Defense Health Agency (DHA) Facilities Enterprise is responsible for developing all requirements planning efforts for all military construction (MILCON) for DHA in support of the three Service Medical

Departments. Major capital investment requirements are presented through local and regional medical treatment facility (MTF) staffs through the Defense Health Networks (DHN). DHA Facilities Division receives enterprise-wide operation demand signals in coordination with the DHA Healthcare Operations Directorate, DHN and seeks input from the senior DHA leadership and appropriate consultants.

2.2 Objective: The DHA FE Health Facilities Planning Support requires programming, planning, operational, and project development support. This contract aims to provide DHA FE with a comprehensive team of contracted staff to represent FE project development by offering extensive technical expertise, administrative services, and facility planning experience. These efforts support development for data-driven projects for senior leadership decision-making for facility capitalization. The objective focuses on the assessment of facilities (building and operational) project development for replacement and recapitalization, site evaluations, and project coordination. The objective of this task order is for the contractor to provide services to successfully conduct service support assistance for the

Defense Health Agency (DHA) in Falls Church, VA.

2.3 Period of Performance (POP): This PWS is for a 12-month base period with 4 (four) 12-month option periods available to be exercised under the Federal Acquisition Regulation (FAR) 52.217-8 at the discretion of the Contracting

Officer and as deemed necessary based on requirements.

3.0 Travel. (See attachment 7 with additional SOFA requirements)

3.1 Travel:

• Travel within the local area or place of performance to attend meetings, conferences, seminars or perform work shall be considered a cost of doing business and shall not be separately invoiced as a travel expense. Local area travel is defined as within the metropolitan area of normal duty location.

• Contractor employees may be required to travel to various locations in performance of the contract. Contractor personnel who have the potential of being required to travel

OCONUS shall have a valid passport. If needed, Travel outside the local area shall be performed using official Letters of Identification (LOIs). LOIs shall be provided by the

DHA Program Manager through the Contract Office.

• Travel will be in accordance with the Joint Federal Travel Regulation (JFTR). Arrange transportation and other travel-related requirements to ensure attendance by appropriate contractor personnel at the best value for the government and in accordance with FAR

31.205-46, Travel Costs. Lodging and meals shall be invoiced in accordance with the standard per diem rates in the DoD Joint Travel Regulation. All travel costs shall be invoiced on actual costs only. The contractor should maintain all documentation and receipts in an audit-ready state. The travel costs shall not be burdened with fee, profit, or overhead.

3.1.1 Defense Base Act (DBA) Insurance: The PSS contractor shall provide DBA Insurance, if/when necessary, in accordance with FAR 52.228-3 when required for OCONUS TRAVEL.

4.0 Tasks and Contract Key Personnel.

4.1 Health Facility Planning Support: The Contractor shall assist in medical facility planning for all Defense

Health Programs (DHP). The DHP responsible functions include market population and workload data analyses and projections, existing facility assessments, facility planning functional program (FPFP) development, facility capability gap analysis based on identified requirements/capabilities/capacity, evaluation on non-facility and facility alternatives, space planning program for design (PFD) development using DOD SEPS format and initial preparation of DOD Form 1391 project estimates. The Contractor shall assist in the development of management tools, track critical information, organize materials, develop information briefings/papers, facilitate workflow, organize/lead meetings, and advise the DHA Facilities leadership on the status of key issues related to assigned

CONIUS/OCONUS sites. The Contractor shall assist in training team members on military health facility planning processes.

4.2 Health Facility Clinical Planning Support: The Contractor shall assist in medical facility planning for all

Defense Health Programs (DHP). The DHP responsible functions include providing clinical expertise to the facility planning development through early design, market population and workload data analyses and projections, existing facility assessments, facility planning functional program (FPFP) development, facility capability gap analysis based on identified requirements/capabilities/capacity, evaluation of non-facility and facility alternatives, space planning program for design (PFD) development using DoD SEPS format and support preparation of DoD Form DD1391 project estimates. The Contractor shall assist in coordinating/facilitating diverse planning and project development teams, participate in DD Form 1391 charrettes, conduct data collection and project development site visits, act as the clinical DHA Facilities Enterprise point of contact for master planning and project development teams at assigned

CONUS/OCONUS sites. The Contractor shall assist in the development of management tools, track critical information, organize materials, develop information briefings/papers, facilitate workflow, organize/lead meetings, and advise the DHA Facilities leadership on the status of key issues related to assigned CONUS/OCONUS sites. The

Contractor shall assist in training team members related to military health facility planning processes.

Contractor Key Personnel: The key personnel positions for this contract are listed below. The position description with preferred skills, roles, duties and minimum requirements for all personnel are listed in Attachment 1.

• Health Facility Planning Support

• Health Facility Clinical Planning Support

5.0 STAFFING.

5.1 Full Time Equivalent (FTE) Personnel: A Full Time Equivalent (FTE) position is based on guidance whereby

1,880-1,992 is the average number of work hours in a calendar year. This accounts for eleven (11) federal holidays.

5.2 Staffing: This PWS requires five (5) FTEs and one (1) Part Time Equivalent (PTE) to meet the base requirements for this contract for the entire period of performance to include all exercised option periods.

• Each FTE and PTE is proposed and staffed independently of each other. If the requirement is not fully staffed within 30 days of initial award, notification must be sent to the COR and KO for review. Weekly notification is required on the status until fully staffed with all 5 FTEs and 1 PTE.

• If a position is vacated, notification shall be made to the COR and KO within five working (5) days. If not backfilled within 30 days from when it is vacated, notification must be sent to the COR and KO for review.

Weekly notification is required on the status of the vacancy until filled with an approved candidate.

5.2.1 Resumes: Resumes shall be submitted and reviewed by the COR and KO for all positions required on this contract to ensure they meet the minimum requirements per Attachment 1 of the PWS. This includes any FTEs/PTE for a key personnel position that was not required with the contractor’s proposal, any positions that were approved but vacated after award but prior to the start of the contract, any positions vacated and need to be backfilled during the life of the contract.

• Each position and resume will be reviewed independently on an acceptable timeline for recruiting by the

COR and KO.

• Notification of approval/non-approval shall be provided to the contractor by the COR or KO.

5.2.2 Listing of Staff. The contractor shall maintain a current listing of staff. The list shall include employee name, position title, and assigned shift if applicable. This list shall be validated by the contractor and provided to the COR within thirty (30) calendar days after award of contract. An updated listing shall be provided monthly on the COR

Monthly Report (defined as task Attachment 2).

5.2.3 Staffing on multiple PSS Contracts. If the proposed individual is currently supporting a PSS Contract to perform a full-time service, then the same individual cannot also be used on another Contract for additional services if these contracts overlap in time and the combined support is more than a single FTE equivalent. If the offeror intends to remove this individual from a current PSS Contract in order for the individual to serve in the new position, then you are to provide a transition plan addressing how you plan to fill the position that will be vacated by the proposed individual.

6.0 ADDITIONAL REQUIREMENTS.

6.1 Post Award Meeting: Not later than ten 10 working days after award, a kickoff meeting will be held. The intent is to initiate the communication process between the Government and

Contractor by introducing key task participants and explaining their roles, reviewing communication ground rules, and assuring a common understanding of subtask requirements and objectives. Anything stated or discussed at this meeting is not contractually binding on either party unless documented by modification to the contract by the ordering officer. The date, time, and location will be mutually agreed upon by both parties.

6.2 Records Management: In the execution of the tasks described throughout this contract the contractor shall be responsible for associated records management. The Contractor shall provide a full range of functional expertise to include all activities related to information management as defined in individual contracts associated with this contract. These activities shall include, but not be limited to creating, capturing, registering, classifying, indexing, storing, retrieving, disposal of records, development of strategies to manage records.

6.3 Information Security:

• Disclosure of Information. In the performance of this contract, the Contractor may have access to data and information proprietary to a Government agency or to another

Government Contractor, or of such nature that its dissemination or use, other than as specified in this contract, would be illegal or otherwise adverse to the interests of the

Government or others. The Contractor and its personnel shall not divulge or release data or information developed or obtained under performance of this contract, except to authorize Government personnel or upon written approval of the KO. The Contractor and its Contractor personnel shall not use, disclose, or reproduce proprietary information bearing a restrictive legend, other than as specified in the contract.

• Non-Disclosure Agreement (NDA). Each Contractor employee, including Contractor program management staff, shall sign a NDA (Attachment 1), which certifies that the individual has read the non- disclosure agreement, is familiar with the directives and policies governing the disclosure of procurement sensitive information, and that the individual agrees to fully and completely observe these directives and shall not disclose such information to any unauthorized person, to include the company or affiliates under which the individual is employed, or use any information obtained for private use or gain.

The Contractor shall provide the KO or Government designated representative a copy of the signed NDA within 5 workdays of the Contractor employee’s start date.

• Disclosure of information regarding operations and services of the activity to persons not authorized to receive it, or failure to safeguard any classified information that may come to the Contractor (or any persons under the Contractor’s control) in connection with work under this contract, may subject the Contractor, Contractor’s agent, or employees to criminal liability under Title 18, Sections 793 and 798 of the United States

Code. Neither the Contractor nor the Contractor’s employees shall disclose or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activities’ security or interrupt the continuity of operations.

• The Contractor shall not release any information (including contact lists, photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract, or any phase of any program hereunder, without the prior written approval of the CO. Any documentation showing individuals’ names or other personal information shall be controlled and protected.

• Contractor personnel are prohibited from releasing any personal or medical/patient information to include patient/person-level content with personal health information during the course of this contract. Information shall be treated in accordance with the following: Other Military Health Services, DHA-FE, federal, and state laws shall also be applicable.

6.4 Installation Access and Physical Security: The contractor shall ensure the following pass and identification items required for contract performance are obtained for employees:

• Common Access Card (CAC). Each contractor employee requires a CAC and shall have it in his/her possession at all times while working on any government installation and shall surrender the CAC at the end of his/her employment under this contract or when the CAC expires, whichever occurs first. All contractor employees shall have/obtain an active favorable Tier1/ NACI or meet the requirements of DoDM 1000.13-M-VI, January 23, 2014. As a condition of employment, contractor personnel must be able to obtain a CAC within 120 days of hire. The COR shall be kept abreast of issues dealing with the NACI.

The contractor’s security officer shall ensure timely notification of all hires to the COR and provide necessary documentation to the respective security office.

• The loss of any pass and identification items shall be reported as soon thereafter as possible to the issuing activity and the COR.

• The contractor shall retrieve all identification media from employees who depart for any reason before the contract expires (e. g., terminated for cause, retirement) and return such media to Pass and Identification section for proper disposition.

• Contractor personnel shall report to the COR and DHA Program Manager any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, and resources. Contractor employees shall be briefed by security manager upon initial on- base assignment and as required thereafter.

6.4.1 Contractor shall comply with DoD 8570.1M, Information Assurance Workforce Improvement

Program, dated December 19, 2005, Change 4 November 10, 2015 DoDI 8500.2, Information

Assurance (IA)

• Implementation dated February 6, 2003, DFARS 252.204-7012 and DoDD 5200.2 DoD

Personnel Security Program dated April 3, 2017.

• The Contractor shall arrange for entry into restricted areas, base entry, vehicle passes, and other requirements in conjunction with notification of the Government security activity.

• All Contractor employees requiring access to the Government unclassified computer network shall have a valid Tier 1/ National Agency Check with Inquiries (NACI) verified through Joint

Personnel Adjudication System (JPAS). No Contractor employee will be provided access to unclassified computer network or its inherent capabilities (i.e., internet access, electronic mail, file and print services, etc.) without a valid NACI.

• The Contractor shall be aware of and abide by all Government regulations concerning the authorized use of the Government’s computer network including the restriction against using the network to recruit Government personnel or advertise job openings.

6.5 Personnel Appearance and Conduct:

• Personnel Conduct. The KO or designated Government representative may require the

Contractor to remove from the job site any Contractor employee working under this contract for reasons of misconduct, security violations, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. The Installation

Commander has the authority to bar individuals from the installation. Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the contract requirements.

• Personal Appearance. Contractor employees shall practice high standards of personal hygiene and maintain a clean, neat appearance while on duty.

6.6 Government’s Liability: The government shall not be liable for any injury to the contractor’s personnel or damage to the contractor’s property unless such injury or damage is due to negligence on the part of the government and is recoverable under the Federal Torts Claims Act, or pursuant to other federal statutory authority.

6.7 Section 508 Compliance: The industry partner shall support the government in its compliance with Section 508 throughout the development and implementation of the work to be performed.

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S. Code. 794d) and implemented by 36 Code of Federal Regulations (CFR) 1194, requires that when federal agencies develop, procure, maintain, or use electronic information technology, federal employees with disabilities have access to and use of information and data that is comparable to the access and use by federal employees who do not have disabilities, unless an undue burden would be imposed on the agency.

Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. For additional Section 508 information, the industry partner should review the following websites:

http://www.section508.gov http://www.accessboard.gov/508.htm http://www.w3.org/WAI/Resource

6.8 Data Rights: All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Engineering support contractors shall file all work assignment information in the organizational structure defined by the engineering government staff. In addition to this information being shared, the organization file structures are being optimized and contractors will need to make sure their information is aligned appropriately. Contractors will be expected to share, update, and contributed to the engineering team resources library at a level commensurate to the experience and role on the team.

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

6.10 Deficiencies: A deficiency is any Government-identified non-compliance with the SS or other contract requirements that specifies that an activity or action did not take place or did not take place to the standards of timeliness or quality required.

6.11 Deficiency Resolution: The Contractor shall take immediate action to correct all

Government reported deficiencies and to prevent recurrence of the deficiency.

6.12 Corrective Action Report (CAR): A CAR or electronic equivalent will be initiated by the

DHA Program Manager, COR or KO when contract requirement deficiencies are found, and subsequent corrective action are to be taken.

6.13 Quality Control Plan:

• Quality Control Plan (QCP). The contractor shall submit a QCP ten (10) business days after contract award by the DHA Program Manager.

• Quality Assurance. Work and documentation produced by the Contractor personnel will be reviewed. Only the COR, with agreement of the DHA PM/POC may accept or reject deliverables provided by the Contractor.

• Customer Complaint Record. This form may be utilized by the contractor and/or the

Government to provide feedback on issues affecting the performance of this contract.

See attachment 9.

6.14 Government Furnished Support: A GFE is necessary to accomplish the duties and requirements of this contract. The mission cannot be met without issuance of GFE for FOB contractors. All materials will remain the property of the Government and will be returned to the

COR or other designated representative upon request at the end of the period of performance. All electronic data obtained or used as part of this contract shall be performed on government owned systems. Access to DHA information systems requires a CAC and GFE.

6.15 Non-Personal Services: The Government will neither supervise contractor employees nor http://www.section508.gov/ http://www.accessboard.gov/508.htm http://www.w3.org/WAI/Resource control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the contracting officer immediately.

The contractor shall not be used for the performance of inherently governmental functions as stated in FAR 7.503. All decisions relative to programs supported by the contractor shall be the sole responsibility of the Government.

6.16 Contractor Identification / Requirements:

• Contractor personnel shall be required to wear company identification badges so as to easily distinguish themselves from Government employees (e.g., corporate identification badges, Government issued identification that reflects Contractor status, etc.). These badges must be conspicuously displayed at all times when working with Government personnel. Identification badges must be displayed above the waist to allow for easy identification as a Contractor employee or authorized subcontractor performing work for the Contractor. Badges shall be worn at all times when Contractor employees are co-located on a Government installation or when on temporary duty (TDY) working with other Government personnel. Subcontractor employees’ identification badges shall identify their respective prime Contractor.

• When conversing with Government personnel during business meetings, over the telephone or via electronic mail, support Contractor personnel shall identify themselves as such to avoid any perception that they may be Government employees and to avoid situations arising where sensitive topics might be better discussed solely between

Government employees. Electronic mail signature blocks and business cards shall identify

Contractor/company affiliation. Documents or reports produced by Contractors shall be suitably marked as Contractor products or Contractor participation appropriately disclosed.

• Contractor personnel shall be occupying co-located space at the Gatehouse Building in

Falls Church, VA (up to 6 cubicles). Each cubicle must be clearly identified with

Contractor supplied signs, name plates or other identification, indicating that these work areas are occupied by Contractor personnel. Contractor personnel working in San

Antonio, TX shall be provided up to 8 offices/cubicles for use at the Lincoln Center. All other San Antonio staff shall be located at or near the Lincoln Center. Remote support may be authorized on a case-by-case basis with approval from appropriate Gov’t officials.

• Contractors, including subcontractors at all tiers, shall provide for a clear distinction from

Government personnel. Contractor employees shall not act, advertise, or presume to be

Government employees, agents, or representatives. Contractor employees are required to appropriately identify themselves as contractor employees at all times, including in telephone conversations, formal and informal written correspondence, paper and electronic; and in any other situation where their actions could be construed as acts of

Government officials unless, in the judgment of the Government, no harm can come from failing to identify themselves. Contractor employees shall be introduced as contractor personnel and display distinguishing visible identification at all times whether in conversations, meetings, and other forms of communication with Government personnel.

• The contractor shall ensure that all transportation methods to and from the work location, required by its employees in the performance of this contract are made available. Parking permits, passes, tolls and fees for privately owned vehicles are responsibility of the contractor. The contractor shall provide computer (laptop) and cell phone.

6.17 Duty Hours:

• The Government work hours under this contract shall coincide with the local operating hours of each facility.

• Contractor employees' work may be interrupted or delayed due to safety or security drills, exercise participation, special events, training or actual emergencies. Contractor employees shall participate in all safety and security training or drills.

• The Contractor will maintain a staff fill rate of 95% or greater and will notify the

DHA Program Manager and COR five days prior to vacancies.

• The Contractor will provide appropriate equipment for the Government to communicate with the contractor during duty hours and emergencies. Contractor also needs to provide their employees the ability to be monitor their email when they are not present at their government assigned duty stations.

6.18 Holidays: Recognized holidays for employees covered by the Service Contract Act (SCA) are outlined in the applicable wage determination and will be provided at the contract level. Unless otherwise specified in the individual contracts/wage determinations, contractor employees will not be required to work on the following Holidays:

• New Year’s Day; Dr. Martin Luther King, Jr.’s Birthday; President’s Day; Memorial

Day; Juneteenth, Independence Day; Labor Day; Columbus Day; Veteran’s Day;

Thanksgiving Day; Christmas Day

6.19 Conflict of Interest:

• If outlined in the contract and in accordance with the terms and conditions, contractor employees may be required to have access to or participate in the development of proprietary information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.). The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential Organizational Conflict of Interest (OCI) and shall promptly submit a plan to the

KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the

KO may affect other remedies as necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

6.20 Contract Completion / Closeout Plan: The contractor shall complete a task closeout plan.

This shall include formal coordination with Government staff and management. It shall also include delivery of copies of existing policies and procedures, and delivery of required metrics and statistics. This transition plan shall include, but is not limited to:

• Coordination with Government representatives.

• Review, evaluation and transition of current support services.

• Transition of project data collected, analyzed or created.

• Applicable Government-approved training and certification process.

• Transfer of hardware warranties and software licenses.

• Transfer of all necessary business and/or technical documentation.

• Transfer of compiled and uncompiled source code, to include all versions, maintenance updates and patches.

• Training and orientation to introduce Government personnel, programs, and users to the Contractor's team, tools, methodologies, and business processes.

• Disposition of Contractor purchased Government owned assets, including facilities, equipment, furniture, phone lines, computer equipment, etc.

• Transfer of Government Furnished Equipment (GFE) and Government Furnished

Information (GFI), and GFE inventory management assistance.

• Debriefing and personnel out-processing procedures required.

• Turn-in of all government keys, ID/access cards, and security codes.

6.21 AT-OPSEC Requirements

1. AT Level I training. This standard language is for contractor employees with an area of performance within an DHA-controlled installation, facility, or area. All contractor employees, including subcontractor employees, requiring access to DHHQ, Direct

Reporting Markets (MTFs), Small Markets and Stand Alone (SSO) facilities and controlled access areas, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within a DHA controlled installation, facility, or area. Contractor and all associated subcontractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by 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, DHHQ 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.

2a. For contractors requiring 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 DHA-AI 5200.04.

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.

2b. For contractors that do not require CAC but require access to a DoD facility or installation. Contractor and all associated subcontractors’ employees shall comply with and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language requires U.S.-based contractor employees and associated subcontractor employees to make available and to receive Government-provided area of responsibility

(AOR) -specific AT awareness training as directed by DHA-AI 078. Specific AOR training content is directed by the combatant commander, with the unit ATO being the local point of contact.

4. iWATCH/Suspicious Activity Reporting Training. This standard language is for contractor employees with an area of performance within a DHA-controlled installation, facility, or area. The contractor and all associated subcontractors shall brief all employees on the local Suspicious Activity Training program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance, with the results reported to the COR NLT 30 calendar days after contract award.

http://jko.jten.mil/

5. Service Training Certification Tracking System (STCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a government information systems must be registered in the

STCTS at commencement of services, and must successfully complete the DOD

Information Assurance Awareness prior to access to the IS and then annually thereafter.

6. For contracts that require a formal OPSEC program. The contractor shall develop an

OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per DHA-AI 5200.03.

7. For contracts that require OPSEC Training. Per DHA-AI 5200.03, 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.

8. For Cyber Awareness (Information Assurance (IA)/information Technology (IT) training. All contractor employees and associated subcontractor employees must complete the DoD Cyber Awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD requirements DoD 8570.01 and DoD 8570.01-M within six months of appointment to

IA/IT functions. DoD Cyber Awareness Challenge Training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf?ORG=NAVSEA

DOD Course US1364-22 DOD Cyber Awareness Challenge 2022.

9. For Cyber (Information assurance (IA)/information technology (IT) certification. Per

DoD 8570.01M. DFARS 252.239.7001, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

10. For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the

United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

11. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS

Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors

Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingency and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives.

12. For contracts that require 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);

(2) any revisions to DOD 5220.22‐M, notice of which has been furnished to the contractor.

13. Controlled Unclassified Information (CUI). Include DFARS clause 252.204-7012, which requires the contractor to comply with NIST 800-171. Also include DFARS provision 252.204-2019 into solicitations. Acquisition officials should follow procedures https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf?ORG=NAVSEA outlined in DFARS 204.73 and verify vendors have an adequate NIST SP 800-171 summary assessment score within the Supplier Performance Risk System (within PIEE). If the score doesn't show a medium- or high-level assessment with a score of 110 or better (as described in the "NIST SP 800-171 DoD Assessment Methodology"), include clause

252.204-7020 and obtain the vendor's "system security plan" and "plan of action" for NIST

SP 800-171 verification and assurance by Army security officials.

14. Threat Awareness Reporting Program. For all contractors with security clearances. Per

DHA-AI 097, Insider Threat Program, contractor employees must receive annual Insider

Threat Awareness training within 30 days of initial employment, and refresher training annually either through instructor-led or computer-based.

6.22 Employee Annual Training Requirements: All contractors must complete designated annual General Military Training (GMT) to comply with DoD, Local installation and Local

Command Activity requirements/processes/ awareness. Required training are as follows, but are not limited to:

• DoD Cyber Awareness C6.4hallenge V3

• Anti-Terrorism Level 1

• Combating Trafficking In Persons (CTIP)

• HIPAA, PPI & Privacy Act

• Counter-Intelligence and Reporting

• Unauthorized Disclosure

The DHA-FE Program Manager or designated government representative(s) will inform contractor personnel of timeframe when training must be submitted for completion. Training shall be completed within 30 calendar days of contract award and within 30 calendar days of new personnel commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

6.23 Safety Requirements: The contractor shall be required to comply with all federal, state and local SOH requirements, to include OSHA standards and EM 385-1-1 (whichever is the most stringent) other measures as necessary. Also, the contractor is required to conform to installation safety requirements.

6.24 Citizenship Status: All proposed personnel to perform services under this requirement / contract, must be a current citizen of the United States of America.

6.25 Proprietary Information: Performance may require the contractor to access data and information proprietary to a Government agency or of such nature that its dissemination or use other than as specified in this PWS would be averse to the interests of the Government or others.

The contractor shall not divulge or release data or use information developed or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the COR. Contractor personnel shall not use, disclose, or reproduce proprietary data that bears a restrictive legend and individuals shall sign a non-disclosure agreement. The contractor shall turn over all generated artifacts, products and data other than are specified in this PWS to the COR at the completion of this contract and it shall become the property of the Government.

6.26 Contracting Officer Authority: The Contracting Officer (KO) is the only person authorized to direct changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the

KO. In the event that the contractor effects any such changes at the direction of any person other than the KO, the change will be considered to have been made without authority and is solely the risk of the contractor.

6.26.1 The Contracting Officer’s Representative (COR) is the Government employee tasked with the day-to-day operation of the contract but who is not authorized to make changes or issue funds.

6.27 Invoicing: All invoices shall be submitted using Form ENG93. They shall be submitted monthly with the Progress Report that shall include the status of the project expressed on a percentage basis of the total amount of work completed. All invoices shall be signed by DHA POC and submitted to the HNC COR for payment at CEHNC-PSS@usace.army.mil.

7.0 ATTACHMENTS

7.1 Attachment 1: Position Descriptions

7.2 Attachment 2: Deliverables

7.3 Attachment 3: Task Breakdown

7.4 Attachment 4: Acronyms

7.5 Attachment 5: DOD Installation Location

7.6 Attachment 6: CAC Instructions

7.7 Attachment 7: SOFA Requirements

7.8 Attachment 8: Non-Disclosure Agreement

7.9 Attachment 9: Customer Complaint Record

mailto:CEHNC-PSS@usace.army.mil