Draft PWS Tower Inspection and Maintenance.pdf

Performance Work Statement (PWS)

Tower Inspection and Maintenance

Part 1

General Information

1.1 General: This is a non-personal services contract to provide tower inspection and maintenance at Tobyhanna

Army Depot (TYAD). 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.

1.2 Description of Services/Introduction: This will be a hybrid contract consisting of a One-time Repair for known structural deficiencies, Firm Fixed Price (FFP) for regularly scheduled inspections, and Time and Material (T&M) for unscheduled remedial on call repair work. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform tower inspection and maintenance 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. The number of towers/platforms specified in this PWS is subject to change any time during the period of performance. The contract may be modified through mutual agreement to change the total number of towers/platforms and adjust price accordingly.

1.3 Objectives: The objective of this Performance Work Statement (PWS) is to define the requirements for the performance of Safety Inspections and On Call Repair Work of multiple towers / structures located at Tobyhanna Army Depot (TYAD), Tobyhanna, (Monroe County), PA. The words “tower” and “structure” may be used interchangeably at occurrences in this SOW based on the context of the sentence/paragraph. (See Part 5).

330 FT Tower:

LMR Tower:

Building 32 Platform:

Building 31 Platform:

Tower Track Tower:

1.4 Scope: The Contractor shall perform full tower maintenance services on five (5) towers / structures in compliance with Telecommunications Industry Association (TIA) 222-H code requirements, manufacturer’s recommendations, and all other applicable laws, regulations, rules, ordinances, codes, etc.

1.5 Site Visit: This requirement will have a site visit for which attendance is highly encouraged. Date and time will be provided within the Solicitation. Also, use of cameras is prohibited without prior approval. Please arrive 15-30 minutes prior to start time to allow time for Security check.

1.6 Period of Performance (PoP): The period of performance shall be for one (1) Base Year of twelve (12) months and two (4) 12-month option years. The period of performance reads as follows:

Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4

1.7 Quality Control: The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s Quality Control Program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall provide their QCP along with their bid submission to the Contract Specialist for review. If the Government requires changes to the QCP, the Contractor must provide a revision within five (5) business days.

1.8 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s) if applicable.

1.9 Recognized Holidays: The Contractor IS NOT required to work on the following recognized holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Juneteenth Thanksgiving Day Independence Day

Christmas Day

1.10 Hours of Operation: The contractor is responsible for conducting business, between the hours of 07:00 through 16:30 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. At all times, the Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.11 Place of Performance: The work to be performed under this contract will be throughout Tobyhanna Army Depot, Tobyhanna, PA 18466.

1.12 Type of Contract: The government will award a hybrid contract. Regularly scheduled safety inspections will be a firm fixed price and on call remedial repair work will be time and material.

1.13 Security Requirements: Contractor personnel performing work under this contract must have a completed background check prior to start of any work to be performed and must maintain the level of security required for the life of the contract. The Contractor or Subcontractor must maintain unescorted access to the Installation.

1.13.01 See the attached pdf, Part 8, titled “Security Operations (SECOPS) Requirements”.

1.14 Safety Requirements: See the attached pdf, Part 9, titled “SERVICE or EQUIPMENT INSTALLATION

CONTRACTOR SAFETY STANDARDS FOR TYAD”.

1.15 Environmental Requirements: See the attached pdf, Part 10, titled “Standard Specifications for Projects Under the National Environmental Policy Act in Accordance with 32 CFR 651 Proponent ELTY-ISP-N”.

Part 2

Definitions & Acronyms

Definitions:

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

CONTRACTING OFFICER (KO): 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.

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.

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

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

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.

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

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

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

QUALITY CONTROL PLAN (QCP): Written set of procedures and activities aimed at delivering products or services that meet quality objectives for a project as stated in contract documents and other procedures, manuals and guidance.

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

WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK: Monday through Friday, unless specified otherwise.

Acronyms:

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

Part 3

Government Furnished Property, Equipment and Services

3.1 Facilities: The Government will provide access to facilities as needed to complete the requirements of the contract.

3.2 Utilities: The Government will provide water and electricity. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the necessary amount to accomplish cleaning vehicles and equipment.

Part 4

Contractor Furnished Items, Services and Responsibilities

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

4.2. Materials: The Contractor shall provide all materials necessary to meet the requirements under this Performance Work Statement. This includes but is not limited to oils, greases, cleaners, paints and any other parts needed to maintain and repair all towers according to the manufacturer’s recommendations.

4.3. Equipment: The Contractor shall furnish all equipment necessary to meet the requirements under this Performance Work Statement.

Part 5

Specific Tasks

5. Specific Tasks:

5.1. One Time Base Year Repair Clin: These tasks shall be completed within ninety (90) days of award.

5.1.1. LMR Tower (Building 50 Radio Tower)

5.1.1.1. Furnish and install RF Radiation warning and/or high voltage broadcast equipment signs

5.1.1.2. Apply one coat of white elastomeric to the tower foundation

5.1.1.3. Wire brush and cold galvanize the rusting climbing pegs

5.1.1.4. Furnish and install a down conductor for the lightning rod

5.1.1.5. Mobilization

5.1.2. Building 32 Platform

5.1.2.1. Replace the structural bolts as needed

5.1.2.2. Furnish and install RF Radiation warning and/or high voltage broadcast equipment signs

5.1.2.3. Apply one coat of white elastomeric to the tower foundation

5.1.2.4. Furnish and install new grounding for the waveguide/ice bridge.

5.1.2.5. Mobilization

5.1.3. Building 31 Platform

5.1.3.1. Apply one coat of white elastomeric to the tower foundation

5.1.3.2. Mobilization

5.1.4. 100 Ft Tower Track Tower

5.1.4.1. Install turnbuckle safeties in a figure 8 formation

5.1.4.2. Furnish and install new thimbles as needed

5.1.4.3. Furnish and install RF Radiation warning and/or high voltage broadcast equipment signs

5.1.4.4. Furnish and install yellow guy wire markers to the bottom guy wire at each anchor

5.1.4.5. Apply one coat of white elastomeric to the tower foundation

5.1.4.6. Slip the guy wires as needed including replacement of preforms along with shank adjustment

5.1.4.7. Mobilization

5.1.5. 330 Ft Tower

5.1.5.1. Furnish and install safety wire on shackles at anchors head and/or pull off points

5.1.5.2. Furnish and install RF Radiation warning and/or high voltage broadcast equipment signs

5.1.5.3. Furnish and install cathodic protection on the anchors

5.1.5.4. Wire brush and cold galvanize the rusting turnbuckles

5.1.5.5. Furnish and install new stainless steel cotter pins

5.1.5.6. Apply one coat of white elastomeric to the tower foundation

5.1.5.7. Wire brush and cold galvanize the rusting antenna mounting hardware

5.1.5.8. Furnish and install hanger for the coax

5.1.5.9. Furnish and install new guy wire grounding

5.1.5.10. Furnish and install anchor head grounding

5.1.5.11. Furnish and install anchor shaft grounding

5.1.5.12. Furnish and install grounding for the perimeter fence

5.1.5.13. Remove unused antennas along with unused coax and mounts

5.1.5.14. Wire Brush and cold galvanize the lighting conduit as needed

5.2. Regularly Scheduled Yearly Safety Inspections:

5.2.1. The Contractor shall perform annual safety inspections on all towers / structures listed in Section 1.3.

The inspection schedule is as follows:

Base Year: Climbing Inspection Option Year 1: Visual Inspection

Option Year 2: Visual Inspection Option Year 3: Climbing Inspection Option Year 4: Visual Inspection

5.2.2. The Contractor shall check in (in person) with the COR on all days they are on site prior to commencement of work. If COR is unavailable, an alternate POC will be made available.

5.2.3. Upon completion of the safety inspections, the contractor shall provide a detailed inspection report within two (2) weeks.

5.2.3.1. The report shall include any critical findings and required repairs that need to be performed under the on-call time and material clause of this contract.

5.3. On Call Repairs (Time & Material):

5.3.1. Repairs to towers / structures (see equipment in sections 1.3) will be done at additional cost to the Government.

5.3.2. All work shall be performed during normal operating hours, 07:00 – 16:30, Monday through Friday.

This excludes federal holidays and regular days off (RDO).

5.3.3. The contractor shall respond on site within 72 hours for unscheduled remedial on call repairs.

5.3.4. On Call repairs are as defined in this PWS and as directed by the Contracting Officer Representative (COR). Includes the labor and materials to perform On Call Remedial Repairs to towers / structures listed in Sections 1.3 and other work as directed by the Contracting Officer Representative (COR).

***NOTE: Any effort to be performed under these T & M CLINS must be approved by the COR prior to the initiation of any work.

Part 6

Applicable Publications

6. The Contractor shall abide by all applicable publications, regulations, manuals, local policies and procedures for repairs and installations. The manufacturer’s specifications and methods are priority. If conflicts arise, the more stringent shall be required. The following documents shall be adhered to during the life of this contract.

6.1. ”Security Operations (SECOPS) Requirements (Updated July 2024)

6.2. “SERVICE or EQUIPMENT INSTALLATION CONTRACTOR SAFETY STANDARDS FOR TYAD”

6.3. “Standard Specifications for Projects Under the National Environmental Policy Act in Accordance with 32 CFR 651 Proponent ELTY-ISP-N”

Part 7

Attachment/Technical Exhibit Listing

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule Technical Exhibit 1

Performance Requirements Summary

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

Performance Objective

Standard

Performance Threshold Surveillance Method

The Contractor shall perform yearly safety inspections at Tobyhanna Army Depot for the towers / structures identified in Section

1.3 Reference Section 5.1 for inspection

requirements.

All structures / towers shall be inspected yearly.

Zero deviation from the standard.

100% Inspection.

The Contractor shall perform remedial on-call repair services to the towers / structures identified in Section 1.3.

Reference Section 5.2 for on call requirements

The Contractor shall respond within 72 hours for unscheduled remedial/on call repairs.

Zero deviation from the standard.

100% Inspection

Technical Exhibit 2

Deliverables Schedule

Deliverable Frequency Number of Copies Medium/Format Submit To

Invoice with comprehensive data including dates of inspections, inspection reports, critical findings and recommended corrective actions.

At the conclusion of every safety inspection.

One (1) copy due within 14 days of completion of safety inspection.

Email and PDF signed by technician(s) who performed safety inspections.

Email to COR

Invoice with comprehensive data including: dates of repair(s), type(s) of repair(s), repaired equipment serial numbers, and findings.

Within thirty (30) calendar days upon completion of on call repair work.

One (1) copy.

Email AND attachment (pdf) included in Wide Area Work Flow

(WAWF)

Email to COR

Part 8

Security Operations (SECOPS) Requirements (Updated July 2024) All Tobyhanna Army Depot (TYAD) contracts and other acquisition-related documents must ensure privacy and security controls follow this information, and that contractors and service providers protect Privacy Act information in the same way the organization adhering to the Federal Acquisition Regulations (FAR) Privacy Act provisions (Subparts

24.1 and 24.2) and include the specified contract clauses (Parts 52.224-1 and 52.224- 2), as appropriate, to ensure that personal information is protected as mandated.

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

FPCON impact on work levels.

FPCON Charlie: Applies when a hostile incident occurs within the CDR’s area of interest (AOI), or intel is received indicating a hostile act or targeting against DoD elements, PAX, or facilities is likely.

FPCON Delta: Applies when a terrorist attack or hostile act has occurred or is anticipated against specific installations or operating areas.

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

Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays.

Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

The contractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety and security regulations while on the installation.

Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

(If Required) The contractor shall provide support during contingencies, exercises, heightened operations, and adverse weather or security closures in the accomplishment of performance requirements. From time to time, the Base Commander may decide to close all or part of a base in response to an unforeseen emergency or similar occurrence. Such emergencies include adverse weather such as snow, or ice, "an act of God,” such as tornado or earthquake, or a base disaster such as a gas leak or fire.

Emergency Communications and Services.

If assigned to TYAD for seven-days or longer, contractors will enroll in the ALERT!

Mass Warning Notification System (MWNS) at https://alertservices.csd.disa.mil/.

https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Falertservices.csd.disa.mil%2F&data=05%7C02%7Claura.l.mulrooney.civ%40army.mil%7C73b946e509c9422bb19c08dc2d608869%7Cfae6d70f954b481192b60530d6f84c43%7C0%7C0%7C638435139818984692%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=PJ4RKmcoiR9WhaAPRYf0PSx61qOIYMxQF2NUrxa53dM%3D&reserved=0

Alert! MWNS is NOT optional - it is a Headquarters Department of the Army (HQDA) requirement to be a registered user.

Due to the life-safety implications of the information being relayed and the requirement to provide immediate alerts and warnings, personnel assigned to TYAD must ensure that their personal contact information, including after-duty hours contact information, as appropriate (e.g., personal cellular phone numbers or landline phone numbers), e-mail addresses, home address, etc., are entered into the system and regularly updated or verified every 90 days to remain current and accurate.

• A Common Access Card (CAC) is required to register for ALERT!

• If a CAC has not been deemed necessary for the contractor (see below paragraph: Common Access Card (CAC), COR will send the following information to appropriate contact to manually input personnel data into ALERT!

• Full Name

• Cell Phone

• Is SMS ok for alerts? Yes or No

• Email

• Contractor: For what Cost Center

• Name of COR

• Expected length of contract

In the event of a life-threatening emergency or natural disaster, COR will account for assigned contractors. COR will send personnel accountability report to Emergency Operations Center (EOC).

Base closure announcements will be disseminated via ALERT! MWNS.

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

https://jko.jten.mil course# JS-US007 for their training. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record, or contractor equivalent. As applicable, contractor employees must complete annual AT awareness training as it pertains the length of the contract.

iWATCH Army Training. 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 30 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award. Contractors and all associated sub-contractors will be briefed by the TYAD https://jko.jten.mil/

Antiterrorism/Force Protection officer. It is recommended this training be conducted as part of an initial entry briefing or unit/organization newcomer’s briefings. The COR will provide the necessary point of contact for training registration upon contract award, completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

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

Contractor and all associated sub-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 the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

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

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

Common Access Card (CAC): [If applicable.] 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.

Contractors shall be identified with Government issued identification card (e.g., Common Access Card (CAC) or unit specified identification card). When required, contractor personnel shall comply with local security policies to wear their identification card in a standardized manner, clearly visible attached to the torso of the exterior garment above the belt and below the shoulders except when in use (i.e., inserted in a computer CAC reader) or when in controlled areas requiring other credentials as the primary method of identification. To access any Government base and certain facilities, the contractor shall present required identification card upon demand. Upon exit from Government facilities, the contractor shall conceal their credentials (CAC or other credentials) from plain view. The contractor and Contractor Security Manager/Officer shall coordinate with the COR for Government credential issues.

For contractors that do not require CAC, but require access to a DoD facility or installation: Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and 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.

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

1. When no longer needed for contract performance

2. Upon completion of the Contractor employee’s employment

3. Upon contract completion or termination

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

Security Clearances. [If applicable.] Performance of work will require access to classified information or equipment IAW the DD Form 254, Contract Security Classification Specification, provided as an attachment. 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. If subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

Contractor personnel performing IT sensitive duties are subject to investigative and assignment requirements IAW AR 25-2, AR 380-67, DoD 8570.0 and affiliated regulations. Army regulation available at www.apd.army.mil.

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

Insider Threat Program. The contractor will establish and maintain an insider threat program to gather, integrate, and report relevant and available information indicative of a potential or actual insider threat, consistent with E.O. 13587 and Presidential Memorandum “National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.”

COMSEC/IT Security. All communications with DoD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the

Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

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

Operations Security (OPSEC). OPSEC shall be considered across the entire spectrum of DoD missions, functions, programs, and activities. OPSEC is applicable to all personnel, missions, and supporting activities on a daily basis. For OPSEC to be effective, all Army personnel (Soldiers, Family members, DA civilians, and contractors) must be aware of OPSEC and understand how it compliments traditional security programs. OPSEC principles and tactics protect not just organizations, but also individuals, their families, and other loved ones.

Personnel who knowingly, willfully, or negligently fail to protect critical information from unauthorized disclosure may be subject to administrative, disciplinary, contractual, or criminal action.

OPSEC awareness and execution is crucial to Army Success. The risk of exposure to critical or classified information is mitigated by providing OPSEC training.

Contracts that Require an OPSEC Standing Operating Procedure/Plan.

[If applicable.] The contractor shall develop an OPSEC Standing Operating Procedure (SOP) or OPSEC Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the organization’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

The contractor will ensure this individual becomes OPSEC Level II certified as per AR 530-1.

Operations Security Training. In accordance with AR 530-1, Operations Security, (4- 2-a) OPSEC Level I certification training. The target audience for Level I is all personnel (which includes Soldiers, civilians, and contractors). Level I training is composed of both initial and continual (annual) awareness training and both shall be completed prior to contract report date.

1. Initial OPSEC awareness training. All newly assigned personnel within the first 30 days of arrival in the organization (this includes accessions and initial entry programs) must receive initial training. It is recommended this training be conducted as part of an initial entry briefing or unit/organization newcomer’s briefings. This training is provided by TYADs OPSEC officer and can be conducted via distance learning, providing all necessary objectives are met.

Initial training focuses on TYAD-specific critical information and countermeasures.

Contractors must email TYADs OPSEC Officer to schedule OPSEC Level I Initial training (in person or via MS Teams). Initial training may not be “read and initial”.

2. Continuous (annual) OPSEC awareness training. OPSEC awareness training must be continually provided to the workforce, reemphasizing the importance of sound OPSEC practices.

OPSEC Level I Continuous (annual) training is available at the following website:

https://securityawareness.usalearning.gov/opsec/index.htm

The contractor shall submit OPSEC Level I Continual (annual) certificates of completion for each affected contractor employee and subcontractor employee, to the COR (before the contract report date) within 10 calendar days after completion of training. Completion of training may be documented on an ELTY 583, TYAD On-Post Training Record or contractor equivalent.

OPSEC Countermeasures. The specific OPSEC countermeasures that follow are intended to eliminate or mitigate vulnerabilities. Complying with established security policies and procedures also supports the overall OPSEC objective. All personnel (Soldiers, civilians, and contractors) at every level are required to protected critical information that could potentially be exploited by adversaries. The following OPSEC countermeasures support the protection of critical information identified in TYADs OPSEC Level I Initial training, TYADs Critical Information List, and they are required to be implemented by everyone in all day-to-day activities.

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

2. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official business and controlled unclassified information (CUI) may only be transmitted as directed in the SOW/PWS.

CUI must be marked and protected according to DoD and TYAD regulations. Do not take CUI off the installation.

3. Because observation of events, operations, physical changes, etc. may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. (Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC § 793.) Therefore, contractor personnel shall not disclose to unauthorized third parties, post to company websites, unofficial sites, publications, newsletters, or other media (including Social Networking sites) any images, data or information, or observed events that reveal critical/sensitive government information about operations, personnel, equipment, including, but not limited to: tactics, techniques and procedures, production or work schedules, any visible or concealed modifications, upgrades, additions to vessels, https://securityawareness.usalearning.gov/opsec/index.htm aircraft, or weapons or equipment; increases, change, or decreases in work/deployment frequency or government personnel, vehicle, vessel or aircraft movements; specialized equipment orders, deliveries, shipments, etc.,

a. A documented OPSEC reviews will be conducted of all information prior to being released to the public regardless of format. OPSEC Reviews must be completed and documented by an OPSEC Level II certified individual.

b. When in doubt, company press releases related to this contract should be coordinated through the Contracting Officer Representative (COR) or Technical Point of Contact, as applicable.

4. Unauthorized disclosures and attempts to solicit classified or critical information by unauthorized third parties or others not affiliated with this contract shall be reported to the TYADs Security Operations Branch, TYADs Law Enforcement Branch, contract point of contact, and your company Facility Security Officer and/or the Defense Security Service. Non-Disclosure requirements remain in effect during the duration of this contract and indefinitely thereafter.

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

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

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

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

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

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

Safeguarding Controlled Unclassified Information (CUI) CUI is Government-created or owned UNCLASSIFIED information that allows for or requires safeguarding and dissemination controls in accordance with laws, regulations, or Government-wide policies. It is sensitive or critical information that does not meet the criteria for classification but must still be protected. CUI policy provides a uniform marking system across the Federal Government that replaces a variety of agency-specific marking, such as FOUO, LES, SBU, etc. CUI markings alert recipients that special handling may be required to comply with law, regulation, or Government-wide policy. The DoD CUI Registry will give you information on every category to include a description of the category, required markings, authorities and DoD policies, and examples. Not every category or authority listed in the Registry will be applicable to DoD. More specific information about CUI can be found on the DoD CUI Program website: https://www.dodcui.mil/Home/Training/ The contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 CFR 2002.4(aa) as implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. Marked appropriately;

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

c. Protected in accordance with NIST SP 800-53, Rev. 4 Security and Privacy controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. Returned to TYAD control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

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

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

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

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

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

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

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

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

a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government’s direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers,…