Attch_1_-_PWS_Software_Maintenance_Agreement.docx

PERFORMANCE WORK STATEMENT

Software Maintenance Agreement Tinker AFB, OK

72 ABW/CE

Rev. 1, 18 Sept, 2019

TABLE OF CONTENTS

1. Description of Services:

1.1.1. The intent of this service agreement is to ensure the legacy AX BAS software is current with current cybersecurity standards, provide fixes, patches, and security enhancements. The work shall consist of furnishing all plant, labor, equipment, instruments, materials, transportation, and incidentals required to:

1.1.2. Provide a one (1) year AX BAS software maintenance agreement with four (4) option years. During this period the Contractor shall provide and install relevant cybersecurity updates to the existing Niagara AX server software and the AX JACE controller software as issued by Tridium Inc. twice per contract year at Tinker AFB.

1.1.3. This work will be performed from the AX server and requires access to that server for the Contractor’s technicians. This work shall include AX JACE’s that are online and available from the AX server only. The Contractor shall travel to work sites identified by the CE Information System Security Manager (ISSM) two (2) times per year to install relevant Tridium Inc. AX BAS JACE controller software updates and revisions.

2. SERVICE SUMMARY (SS)

Para Performance Threshold

Inclusive The documentation report/drawing shall be due No Later Than (NLT) five business days from discovering any software problems to the Government designated representative.

Inclusive The contractor shall submit the Safety Plan upon request by the Government.

Inclusive The contractor shall adhere to the guidelines in Part B of Appendix C for notification procedures.

3. Hours of Operation:

3.1 Contractor operating hours shall be consistent with normal core duty hours of Tinker AFB unless otherwise directed by the Contracting Officer (CO) or his designated representative. Normal core duty hours are 7:00 AM - 4:00 PM, Monday through Friday, excluding Government holidays. The Contractor can expect that a portion of the work may be performed outside of these core hours and on weekends or holidays.

3.2 Emergency Service Delivery. The Contractor may be required to respond to an emergency situation within 4 hours to include weekends. Contractor shall work continuously until services are complete. Prior to contract start, the Contractor shall provide the COR/CO with the contract manager’s complete contact information to include a 24-hour phone number.

4. Personnel:

4.1 For purposes of this contract, the terms "Contractor" or "Contractor Personnel" applies to all Contractor employees, subcontractor employees, or any other person(s) acting for, or on behalf of, the Contractor to perform work on this contract.

4.2 Project Manager: Project Manager. Prior to contract performance, the Contractor shall designate in writing, to the Contracting Officer, a Project Manager (PM), who shall be responsible for the overall management, coordination, and supervision of the work, performed under this contract. The PM shall be knowledgeable of the terms and conditions of the contract. This PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The PM shall be available, by phone, anytime Contractor personnel are performing services on TAFB.

General Employee Qualifications: General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified. The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record, data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

4.3 Employee Conduct: Contractor personnel shall be appropriately dressed, including any necessary individual protective clothing and equipment, for the work to be done. The Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances. Government rules, command policy, regulations, laws, directives and requirements which are in place or issued during the contract term relating to law and order, Installation administration, and security on the Installation will be applicable to all Contractor employees or representatives who enter the Installation. Violation of such rules, regulations, laws, directives, or requirements will be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently.

4.4 Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense 5500.7-R entitled "Joint Ethics Regulation (JER)", Dated August 30, 1993.

4.5 Restricted Personnel: The Contractor shall not employ persons for work on this contract if such employee is considered by the Garrison Commander or designated representative to be a potential threat to the health, safety, security, general well-being or operational mission of the Installation and its population.

4.6 Personnel Roster: The Contractor shall screen its employees prior to employment under this UNCLASSIFIED contract to ensure authorized access to the military installation/Government facility. If the Contractor obtains derogatory information concerning the Contractor employee, the Contractor employee will not be allowed to work under this contract. The Contractor shall assume all costs involved in this screening. The Contractor shall provide the Contracting Officer with a roster of all personnel working under this contract within ten working days after contract award. The Contractor’s personnel roster shall, as a minimum, provide the employee’s name; position to which assigned; primary and additional duties. The roster shall be updated as personnel changes occur and the Contracting Officer shall be notified of these changes within one working day of such change.

Identification: Contractor personnel shall wear a distinctive Contractor furnished security (ID) badge readily identifying the individual as a Contractor employee. The badge shall be worn in a conspicuous place at all times when performing work under the contract.

4.7 Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable federal, state, local, and TAFB laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations. Except as otherwise stated in the contract, if the Contractor encounters material on the project site reasonably believed to be hazardous (such as ammunitions), the Contractor shall immediately stop work in the affected area and give notice of the condition to the Contracting Officer.

5. Incident Reporting:

5.1 The Contractor (to include subcontractors) shall report all serious incidents or accidents and incidents encountered while performing work under this contract. Prepare and provide an accident report to the Contracting Officer/Technical Representative not more than one hour following the incident or accident. The Contracting Officer shall forward the report to the Command Safety Office upon confirmation that incident or accident was reportable. Serious accidents and incidents include, but are not limited to, those defined in AR 385-40 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, five or more persons hospitalized due to one incident, property damage estimated to exceed $2,000.00, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

5.2 Emergency Medical Service. Fire Emergency and Routine Services. The Government will provide general on-base fire protection services. The Contractor shall comply with fire prevention rules and regulations enforced by the TAFB Fire Prevention Branch. Call 911 for emergencies. For routine fire prevention matters call 405-734-3981 or 405-734-3982 and 405-734-7964 for after hours and weekends. For routine calls to dispatch call 405- 734-7964

6. Claims Liability:

6.1 The Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of and injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation.

7. Environmental Compliance:

7.1 The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor noncompliance with any environmental law or regulation, the Contractor will indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the Contracting Officer will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract. The Contractor will fully comply with current and future TAFB regulations, plans and changes.

7.2 Non-Hazardous Products: In all instances where a product containing non-hazardous components can be substituted for a product with hazardous components, the Contractor shall use the product containing non-hazardous components. Provide information on substitutions to the Contracting Officer.

7.3 TAFB has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. TAFB uses the ISO 14001:2004 as the standard for its EMS. The Contractor is also responsible to ensure that all goods and services used by the Contractor or any of its subcontractors do not deviate from the installation Environmental Policy, and objectives and targets of the EMS.

7.4 The Contractor shall not store chemicals or hazardous material (HAZMAT) on Tinker AFB. Contractors shall be compliant with HAZMAT management procedures per Oklahoma City Air Logistics Complex (OC- ALC) Supplement to AFI 32-7086, “Hazardous Materials Management”. The Contractor shall maintain a log of all HAZMAT that is used on base. This usage log shall be provided to the COR monthly, the last business day of each month, or when the required work is completed. The COR will forward the records to the Unit Environmental Coordinator (UEC) no later than the fourth (4th) day of the following month or the first (1st) subsequent business day.

8. Installation Access and Control:

8.1 Installation Access Contractor/Employee Base Pass and Identification, Common Access Cards, Special Clearance and Vehicle Passes: The Contractor shall comply with all requirements and procedures IAW AFFARS 5352.242-9000, Contractor Access to Air Force Installations. All documentation shall be submitted at the pre- performance conference.

8.2 Contractor shall complete AFMC Form 496, Application for AFMC Identification Card for each employee and sub-contractor employee of Contractor requiring access to TAFB. The requests shall be submitted to Pass and Registration, commonly known as Pass and ID, (Building 6611 located at the Tinker Gate on Air Depot Blvd).

8.3 Contractor/Employee Base Pass and Identification, Special Clearance and Vehicle Passes: Contractor employees shall be required to obtain and display identification badges. Anticipate delays in getting commercial vehicles on base and allow time for commercial vehicles to reach their destination. Drive designated routes at posted speed limits throughout the base. Procedures for commercial vehicle access to the base are subject to change without prior notice.

8.4 The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor- furnished, contractor identification badges while visiting or performing work on the installation.

8.5 The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

8.6 During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

8.7 When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management.

8.8 Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

8.9 Failure to comply with these requirements may result in withholding of final payment.

8.10 Security Police. The Government will provide general on-base security forces service. The security forces’ telephone numbers are 911 for emergencies, 405-734-2000 for crimes in progress and 405-734-3737 for non-emergency calls. The off-base 911 center receives 911 cell phone calls. Cell phone callers need to advise the 911 off-base center they are on TAFB in order to be connected with the on-base 911 center.

9. Non-Personal Services:

9.1 The services to be delivered by the Contractor to the Government are non-personal services, and no employer-employee relationship exists or will exist under the contract between the Government personnel and Contractor employees. Contractor personnel shall be responsible not to the Government, but solely to the Contractor, who shall be accountable to the Government. The services to be performed under this contract shall not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, Contractor personnel shall act and exercise personal judgment and discretion on behalf of the Contractor.

10. Government Furnished Property

10.1 None

11. Government Furnished Supplies

11.1 None

Appendix A: DEFINITIONS AND ACRONYMS

DEFINITIONS: The definitions set forth below are those unique to this contract. Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Tinker AFB’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Contracting Officer (CO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property: All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

Not Separately Priced (NSP): For the purpose of this contract any line item that may or may not have an associated cost to it that the Contractor feels the need to be reimbursed for the cost must be included in the cost of some other line item.

Performance Standard: A measurable output or result associated with the performance- based description of a requirement found in the PWS.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance.

APPENDIX "B"

PRE FILE NO: 72 ABW 14-017 PREPARED BY: 72 ABW/SEG

SECTION I - GENERAL REQUIREMENTS

· Safety Program Requirements. While performing work under this contract the contractor shall comply with all applicable federal, state, local and the specific Air Force regulations (in the absence of specific OSHA standards or Air Force unique requirements such as: Fire Prevention in government facilities, emergency evacuation and response procedure, flight line driving, FOD procedures etc.) regarding occupational safety and health addressed in the PWS/SOW or the Safety Appendix to this contract. The contractor will implement a safety program that ensures protection of Government personnel and property. The program will consist of, as a minimum: Mishap notification/reporting as defined in paragraph B. below.

· A Safety Program that addresses, as a minimum, the subjects listed in Safety Program Elements, Section II and to be used during performance of the work described in the contract.

· Mishap Notification.

· The contractor shall notify the Contracting Officer (CO), within eight (8) hours of any damage to government property where the dollar value exceeds $500,000.00 and within two workdays, for any damage to government property less than $500,000.00 during the execution of the contract. The contractor shall notify the (CO) within eight (8) hours of any injury to contract personnel which occur while on a government installation.

Mishap notifications shall contain, as a minimum, the following information:

(5) Contract, Contract Number, Name and Title of Person(s) Reporting

(6) Date, Time and exact location of accident/incident

(7) Brief Narrative of accident/incident (Events leading to accident/incident)

(8) Cause of accident/incident, if known

(9) Estimated cost of accident/incident (material and labor to repair/replace)

(10) Nomenclature of equipment and personnel involved in accident/incident

(11) Corrective actions (taken or proposed)

(12) Other pertinent information If requested by the designated CO, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records, until released by the Procuring Safety Office. Contractors will not dispose of contract data related to a mishap until notified to do so by the CO.

· The safety provisions of this contract, shall apply to any subcontracts/subcontractors.

SECTION II - SAFETY PROGRAM ELEMENTS

It is the Contractors responsibility to ensure: The contractor’s Safety Program shall clearly define procedures, personnel qualifications, facilities and required equipment necessary to fulfill the following elements as to the type of work being performed within the scope of the contract.

Element/Requirement Referenced Benchmark

OSHA Standards for General Industry 29 CFR 1910

OSHA Standards for Construction 29 CFR 1926

Control of Hazardous Energy 29 CFR 1910.147

SECTION III - BIBLIOGRAPHY OF PUBLICATIONS/DIRECTIVES

These publications/directives and all supplements/changes thereto apply to the extent required by the provisions of Sections I, and II.

29 CFR 1910

OSHA Standards for General Industry

29 CFR 1926

OSHA Standards for Construction

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