Attachment-1-Performance-Work-Statement.pdf

FOR OFFICIAL USE ONLY – SOURCE SELECTION INFORMATION SEE FAR 3.104

PERFORMANCE WORK STATEMENT (PWS)

For

Contract Field Team Program at

Tinker AFB, Oklahoma

PREPARATION DATE: 14 Nov 14

REVISION NUMBER: 1

DATE: 17 Dec 14

PREPARING ORGANIZATION: AFSC/PZIY

1.0 INTRODUCTION

This performance work statement (PWS) establishes the requirement for Contractor services in support of the Contract Field Teams (CFT) Program. CFT supports multiple customers to provide timely and high quality augmentation for fielded active weapon system maintenance worldwide.

2.0 SCOPE

The CFT Program Management Office (PMO) is responsible for supporting requirements generated by the Department of Defense and other federal agencies to provide a flexible rapid deployment capability and to field supplemental skilled technicians to resolve issues and discrepancies on site anywhere in the world in support of the Government's war readiness and posture planning needs. These contract field teams perform modification, maintenance, inspection and repair of active systems in the US Government inventory, such as aircraft;

vehicles; aerospace equipment; missile systems; subsystems such as engines, communications and cryptologic equipment; and ground support equipment. Efforts will include on-site Organizational, Intermediate/Field, and Depot/Sustainment level maintenance support at customer locations both in the continental United States (CONUS), and outside the continental United States (OCONUS). This effort may include approved foreign military sales (FMS) support [with an approved FMS case number and Letter of Agreement (LOA) between countries]. All weapon systems supported under this contract will be non-commercial and must have Government-owned technical data. These requirements will not include personal services or inherently governmental functions. The objectives and requirements identified within this PWS are described in general terms. Each task order will specifically address applicable task order requirements, scheduling, task order options, and performance criteria.

3.0 GENERAL REQUIREMENTS

3.1 The Contractor shall adhere to the latest versions of the following documents as reference in accordance with the Performance Requirements and Special Requirements sections of this PWS:

TECHNICAL REFERENCES TITLE

AFMCI 21-141, Chapters 5, 6 & 7 Contract Field Team Program AFI 33-322 Records Management Program AFMAN 33-363 Management of Records AFI 33-364 Records Disposition – Procedures and Responsibilities DCMAI 8210.1C Contractor’s Flight and Ground Operations (if applicable) NAVAIR 3710.1 Contractor’s Flight and Ground Operations (if applicable) AR 95-20 Contractor’s Flight and Ground Operations (if applicable) COMDTINST M13020.3 Contractor’s Flight and Ground Operations (if applicable) Public Law 91-596 Occupational Safety Health Act (OSHA) DoD 5220.22-M National Industrial Security Program DoD 5200.22-R Industrial Security Regulation

AE Regulation 715-9 Contractor Personnel in Germany – Technical Expert, Troop Care, and Analytical Support Personnel

AFMCI 21-185 Depot Maintenance Workload Management AFI 21-101 Aircraft and Equipment Maintenance Management AFI 21-102 Depot Maintenance Management

Note: This list is not meant to be exhaustive or inclusive of all that may be required, referenced, or otherwise identified within a given task order.

4.0 PERFORMANCE REQUIREMENTS

4.1 Program Management & Reporting: The contractor shall provide a management structure that enables contractor personnel to effectively perform the roles and responsibilities associated with the execution of task order requirements. The contractor shall provide a management structure that ensures employees are present and engaged in appropriate tasks as identified in each individual task order PWS.

4.1.1 The Contractor shall effectively track, monitor, manage, and report individual task order costs down to the contract line item number (CLIN) level. The contractor shall submit a Contract Funds Status Report (CFSR) IAW Contract Data Requirements List (CDRL) A006 and PWS paragraph 6.5.

4.2 Contractor Personnel: The Contractor shall provide all qualified personnel and common hand tools required for maintenance at all sites within CONUS or OCONUS as specified in individual task orders. The Contractor shall be responsible for the selection, recruitment, hiring, assignment of duties, and reassignment of duties, transfer, supervision, management, control, and termination of Contractor employees in performance of CFT requirements. Contractor personnel are employees of the Contractor and under its administrative control and supervision. The Contractor, through its personnel, shall perform the tasks prescribed herein, or in task orders issued hereunder, IAW the basic contract PWS and task order PWS, technical manuals, technical orders, drawings, work orders, or other technical data contained in or referenced by the contract, task order, contract modifications, and addendums. The Contractor shall accommodate rapid response and deployment to any operational Government location worldwide. The response shall include, but may not be limited to, passports, visas, immunizations, and security/country clearances as required by the individual task order PWS. The Contractor and its employees shall not supervise, direct or control the activities of Government personnel or the employees of any other contractor. The Government will not exercise any supervision or control over the Contractor’s employees in their performance of contractual services under this contract. The Contractor shall minimize the impact of turnover for each skill on every task order and shall backfill any vacancy that occurs after task order award within 30 calendar days or as specified in task order PWS.

4.2.1 Transition: Fully executed Contractor Transition Plan for all Task Orders:

Transition is defined as the time in days from task order award until the last date prior to the start of the specified start date in the task order period of performance (PoP). Task order PoP start is defined as the first day of hands-on labor performance and the day after the transition period ends. To achieve the required team complement as specified in the individual task order PWS by day 1 of task order PoP start, the Contractor shall provide a time-phased transition plan, CDRL A007, IAW PWS paragraph 6.6 and the applicable task order PWS. The Contractor shall provide a transition execution status report, CDRL A008, as specified in PWS paragraph 6.7.

The contractor shall execute each transition within the contractor specified timelines and goals as indicated in CDRL A007. Qualified personnel shall be determined qualified by the Contractor prior to the start of their labor performance. The contractor shall be able to meet a transition timeframe of no less than seven (7) calendar days while minimizing disruption during the transition period and maintaining cost and schedule.

4.2.1.1 In order to meet the minimum standard for transition at the basic contract level, the contractor must fully execute all transitions within the contractor specified goals identified in each task order CDRL A007. The metric will be measured on the contractor’s ability to meet all contractor specified timelines as reported in each task order CDRL A008 IAW PWS paragraph 6.7.

4.2.2 Firm-Fixed-Price Minimum Team Complement (FFP MTC): Firm-Fixed- Price (FFP) Minimum Team Complement (MTC) consistently met for all applicable Task Orders: The FFP MTC is defined as the required minimum amount of staffing necessary for effective performance on each task order. The government will solely determine the FFP MTC as stated in clause H-1 of the basic contract. The Contractor shall ensure the FFP MTC specified in any applicable task order PWS is maintained throughout each task order PoP. The FFP MTC will be measured against the TOTAL number of skills reported on the contractor monthly performance evaluation, CFT Form 104, for that task order, not against any particular full time equivalent (FTE) discrepancy. If backfill happens for any FFP MTC FTE skill that is reported vacant at any time during the reported month, it will not be counted against the Contractor unless it affects the billable FFP MTC total required per the task order PWS.

4.2.2.1 The minimum standard for FFP MTC measured against the basic contract shall be met when the FFP MTCs for all task orders are fully manned on day 1 of task order PoP and when no task order with a FFP MTC discrepancy in any given month has a repeated discrepancy for the same task order in consecutive months. Measurements of the FFP MTC being met by day 1 of task order PoP will only apply when the award is made 30 calendar days prior to PoP start OR if the task order PWS requires a set required transition time.

4.2.3 Site Supervision: The contractor shall staff site supervision at each site IAW each task order PWS and basic contract clause H-1.

4.2.3.1 The minimum standard for site supervision measured against the basic contract shall be met when site supervision for all task orders is on-site on day 1 of task order PoP and when no task order has a supervisory absence/vacancy of longer than 30 calendar days.

4.3 Quality: The Contractor shall develop and utilize a quality management system (QMS) that complies with the requirements of the latest version of Aerospace Standard (AS) 9100 at the time of basic contract award. The contractor shall utilize this system in the performance of the contract.

4.3.1 Acceptable Quality Control Plan (QCP) for all Task Orders: The Contractor shall ensure quality service is maintained throughout the life of the contract, and shall prepare and implement a quality control plan (QCP), CDRL A009, Quality Control Plan, as required for each individual task order and IAW PWS paragraph 6.8. The QCP shall reflect the Contractor’s overall approach to quality, internal controls and establishment of procedures for evaluating each of the major service areas (who, method, how often), reporting to the Government, resolving deficiencies, identifying potential improvements, documenting quality control inspections and any corrective actions taken, and maintaining quality control documentation.

4.3.1.1 In order to meet the minimum standard for submission of QCPs at the basic contract level, the contractor shall ensure all task order QCPs submitted to the government Quality Assurance Representative (QAR) are deemed compliant within 30 calendar days after the start of each task order PoP.

4.3.2 The Contractor shall produce AS9100 compliant procedures written to address corporate level and task order requirements, as well as provisions for the addition of local operating instructions (LOIs) to meet site-specific requirements of task order PWSs. In order to achieve consistent and predictable quality performance, the Contractor shall utilize the following:

4.3.2.1 Standard Operating Procedures (SOPs) and Local Operating Instructions (LOIs): Acceptable Local Operating Instructions (LOIs) for all Task Orders:

SOPs are the Contractor’s internal policies and detailed procedures, to include quality procedures, which provide the guidance and instructions for CFT activities. These procedures will be reviewed by the Defense Contract Management Agency (DCMA) Contract Management Office (CMO) for compliance against the basic contract, and by the contracting officer representative (COR) or QAR for any applicable task order. The development/maintenance of these procedures are independent from the requirements for flight operating procedures (FOPs) and ground operating procedures (GOPs, see PWS paragraph 4.4). DFARS clause 252.228-7001 shall govern in case of any conflict with these operational procedures. The Contractor shall ensure the SOP includes the relationship between job descriptions to those skill classifications contained in the proposal/contract. After basic contract award, the Contractor shall submit SOPs, CDRL A001, to DCMA CMO IAW PWS paragraph 6.2. In addition, for each task order awarded, the Contractor shall submit SOPs, CDRL A001, to the COR/QAR IAW PWS paragraph 6.9. When required the Contractor’s site supervisor/lead person will need to develop LOIs to supplement SOPs that do not specifically describe the process being performed at the site. If applicable, the contractor shall submit LOIs, CDRL A010, IAW PWS paragraph 6.10.

After development, the site QAR will be responsible for reviewing all LOIs relative to quality for compliance IAW the standards of AS9100. Any quality related LOIs are separate and distinct from aviation LOIs listed at PWS paragraph 4.4.

4.3.2.1.1 In order to meet the minimum standard for submission of LOIs at the basic contract level, the contractor shall ensure all task order LOIs submitted to the government QAR are deemed compliant within 30 calendar days after the start of each task order PoP.

4.3.2.2 Workbook/Maintenance Forms: When applicable to the work tasks, the Contractor shall develop a workbook that will contain specific “step-by-step” instructions for accomplishing the work in accordance with all technical data. It shall include detailed instructions for component removal, in-process inspections, and reinstallation, as well as all appropriate warning/caution notes. When applicable, workbooks shall be submitted to the QAR for a compliance review and should be developed during the transition period. Workbooks shall be presented to the QAR at least 7 calendar days prior to the start of task order PoP to allow time for review. The Contractor shall provide plan for implementation of workbooks and status of the development for any required workbooks in the transition plan and transition execution report required at 4.2.1. When a workbook is not applicable, the Contractor shall document the tasks IAW referenced technical publications, SOPs and/or locally required maintenance forms.

4.3.2.3 Inspection: The Contractor shall be required to physically inspect and evaluate all work tasks accomplished to assure they conform to applicable work orders, technical orders, drawings, or other technical data as provided by the government and required by the task order PWS prior to presentation to the Government for acceptance. When a publication provided by the Government is subsequently revised, supplemented, replaced or rescinded, the Contractor, upon notification or receipt of it, shall comply. The Contractor shall maintain inspection records documenting inspection results. These shall be traceable to the specific work task and inspection process used as well as providing evidence that the work task being inspected conforms to all technical requirements. Defects discovered by the Contractor shall be documented, and corrective action shall be taken through their corrective action system. All Contractor corrective action shall include location, nature of defects, and the specific characteristics of the defect and corrective actions taken. Records shall also include the inspector’s acceptance of corrected deficiencies. The Contractor’s final inspection stamp/signature shall constitute their acceptance of the task/item and must be completed prior to submission to the Government for final inspection and acceptance.

4.4 Aviation Maintenance: When the scope of work involves the repair, maintenance, modification, or overhaul of aircraft, the Contractor shall develop specific written flight operations procedures (FOPs, if applicable) and ground operations procedures (GOPs) for all flight/ground operations, as well as aviation-specific LOIs if referenced in, or included as part of the FOP/GOP, IAW DCMAI 8210.1C, Contractor’s Flight and Ground Operations, and submit to the Ground/Government Flight Representative (G/GFR) [or government flight representative (GFR), if assigned] IAW CDRL A011 at PWS paragraph 6.11 and each individual task order PWS. Contractors shall not begin flight or ground operations until the procedures have been approved in writing by the G/GFR. FOPs/GOPs/aviation LOIs are separate and distinct from all other procedures/LOIs required by this contract.

4.4.1 Acceptable FOPs/GOPs for all aviation Task Orders: In order to meet the minimum standard for submission of FOPs/GOPs at the basic contract level, the contractor shall ensure all task order FOPs/GOPs submitted to the government G/GFR are approved in writing no later than day 1 of the start of each task order PoP.

4.5 Voucher Submission: The Contractor shall submit public vouchers for cost efforts to the Defense Contract Audit Agency (DCAA). Vouchers shall be submitted in Wide Area Workflow (WAWF). Invoices for fixed price efforts, after acceptance by the Government, shall be submitted in WAWF to Defense Finance and Accounting Service (DFAS) for payment with a copy to DCMA.

4.6 SB reporting/measurement: The contractor shall submit a Small Business Participation Report to support their Subcontracting Plan IAW CDRL A002 at PWS paragraph 6.3.

4.7 Task Order Performance and Schedule Metrics: The Contractor shall perform tasks that will be measured IAW performance and schedule metric criteria specified in individual task order PWSs. Performance and schedule metrics will have criteria assigned for “meets standard” or “0”, “exceeds standard” or “+1”, and “does not meet standard” or “-1”. A performance metric is any type of metric that doesn’t measure the time it takes to get a task done. Schedule metric requirements will be specific to the time it takes to complete the associated tasks and may be measured as Turn Around Time (TAT), man-hours, Time Compliance Technical Order (TCTO) hours, job standard or any other method to gage timeliness of completed tasks in a specified amount of time. Once measured, these metrics will be used to arrive at a monthly score for the Contractor based on whether they did not meet, met, or exceeded the stated goals. The performance and schedule metric scores for all of a Contractor’s task orders will be rolled up into an overall performance score and schedule score for the basic contract, which will be used in the evaluation of performance against the basic contract. Task order metrics shall include, but may not be limited to: timeliness, quality, safety, management responsiveness, inspection reject rates, turnover/backfill ratios, and other areas as cited on the individual task order PWS.

4.8 Performance Summary: Contractor performance on the basic contract will be measured by a combination of the thresholds identified in the service summary below, as well as individual performance requirements specified on the task order PWSs. This performance data will be collected from the CFT Form 104, as well as from DCMA and the CDRLs specified in PWS paragraph 6.0. Circumstances or external influences beyond the control of the Contractor that impact the ability of the Contractor to meet performance standards will not affect Contractor performance measurements. The Government will determine which circumstances or external influences are beyond the Contractor’s control.

4.9 Services Summary: The absence of any contract requirement from the service summary below shall not detract from its enforceability nor limit the rights or remedies of the government under any other provision of the contract.

PWS

Reference

Desired Outcome (Performance Objective)

Performance Standard (Performance Threshold)

Para 4.2.1 Transition: Fully executed Contractor Transition Plan for all

Task Orders

In order to meet the minimum standard for transition at the basic contract level, the contractor must fully execute all transitions within the contractor specified goals identified in each task order

CDRL A007. The metric will be measured on the contractor’s ability to meet all contractor specified timelines as reported in each task order CDRL A008 PWS paragraph 6.7.

Para 4.2.2

Firm-Fixed-Price Minimum Team

Complement (FFP MTC): Firm-Fixed-Price (FFP) Minimum Team Complement (MTC) consistently met for all applicable Task Orders

The minimum standard for FFP MTC measured against the basic contract shall be met when the FFP MTCs for all task orders are fully manned on day 1 of task order PoP and when no task order with a FFP MTC discrepancy in any given month has a repeated discrepancy for the same task order in consecutive months.

Measurements of the FFP MTC being met by day 1 of task order PoP will only apply when the award is made 30 calendar days prior to PoP start OR if the task order PWS requires a set required transition time.

Para 4.2.3

Site Supervision. The contractor shall staff site supervision at each site IAW each Task Order

PWS and basic contract clause H-1.

The minimum standard for site supervision measured against the basic contract shall be met when site supervision for all task orders is on-site on day 1 of task order PoP and when no task order has a supervisory absence/vacancy of longer than 30 calendar days.

Para 4.3.1 Acceptable Quality

Control Plan (QCP) for all Task Orders

In order to meet the minimum standard for submission of QCPs at the basic contract level, the contractor shall ensure all task order QCPs submitted to the government Quality Assurance Representative

(QAR) are deemed compliant within 30 calendar days after the start of each task order PoP.

* This services summary is not inclusive of individual task order performance and schedule metrics (see PWS paragraph 4.8). The contractor shall also be measured against the services summary for each individual task order PWS. The government reserves the right to inspect all services required by the contract, basic and task order PWS, to the maximum extent practicable, at all times and places, during the term of the contract IAW the contract inspection clauses.

5.0 SPECIAL REQUIREMENTS

5.1 Safety: The Contractor shall comply with safety provisions as directed by the individual task order PWS and IAW the safety appendix, Appendix C. The Contractor shall be responsible for the safety and accountability of all its employees. The Contractor shall complete all work tasks IAW contract terms and conditions while complying with the safety program, host base safety requirements, Environmental Protective Agency (EPA) instructions and Occupational Safety and Health Administration (OSHA) Public Law 91-596.

5.1.1 Emergency Procedures: Contractor employees shall follow the direction of government employees in regards to emergency procedures, i.e. fire, tornado, active shooter, bomb threats. It shall be the responsibility of the contractor to provide guidance and establish procedures for responding to emergencies for their employees. The contractor shall account for their contractor employees following an emergency situation. Contractor employees shall participate with government personnel in all fire and tornado drills.

5.1.2 The Contractor shall ensure each employee assigned to a program as the result of task orders issued in accordance with basic contract clause H-1 has portable tool kits, small instruments/tools (excludes calibrated items), and Personal Protective Equipment (PPE) common to the specialty of work (individual task order PWS will further clarify specialty of work) they

Para 4.3.2.1

Standard Operating Procedures (SOPs) and

Local Operating Instructions (LOIs):

Acceptable Local Operating Instructions

(LOIs) for all Task Orders

In order to meet the minimum standard for submission of LOIs at the basic contract level, the contractor shall ensure all task order LOIs submitted to the government QAR are deemed compliant within 30 calendar days after the start of each task order PoP.

Para 4.4.1 Acceptable FOPs/GOPs for all aviation Task Orders

In order to meet the minimum standard for submission of FOPs/GOPs at the basic contract level, the contractor shall ensure all task order FOPs/GOPs submitted to the government

G/GFR are approved in writing no later than day 1 of the start of each task order PoP.

are expected to perform (e.g. safety shoes, work boots, safety glasses, ear plugs, goggles, welding gloves, chemical resistant gloves, cut gloves, face shields, hard hats, jackets, booties, coveralls and foul weather gear). All of the items listed above, where applicable, shall be required to be a part of employees required tool list in Contractor’s SOPs.

5.1.2.1 If applicable, specialized PPE (not considered common as detailed in PWS paragraph 5.1.2 above will be provided by the Government via the CAP/CAS or Mat/Non-Mat CLINs .

5.1.3 The Contractor shall ensure each employee assigned to a program as the result of task orders issued in accordance with basic contract clause H-1, if applicable, has the required respirators (and associated respirator fit training) and cartridges. These items, where applicable, shall be required to be a part of employees required tool list in Contractor’s SOPs.

5.2 Security Requirements: The Contractor shall comply with all applicable security requirements, abide by direction given by Military Police or other security personnel, and adhere to installation traffic laws as defined in the individual task order PWS. Requirements may include a DD Form 254, DoD Contract Security Classification Specification. Examples of clearance levels include secret and top secret. Contract security shall be in accordance with the DoD 5220.22-M, National Industrial Security Program, and DoD 5200.22-R, Industrial Security Regulation, or latest guidance. All Contractors are required to have a Common Access Card (CAC) and shall be required to pass the equivalent of a trustworthy National Agency Check plus Written Inquiries with Credit Check (NACI), IAW DTM-08-003 “Next Generation Common Access Card (CAC) Implementation Guidance”, or latest guidance, at no additional cost to the government, prior to being allowed to work under any task order PWS. The Contractor shall be responsible for obtaining the necessary admittance privileges to the applicable base/place of performance. The Contractor shall be required to coordinate with the appropriate base security officials for issuance of employee identification badges, if applicable, prior to starting work.

5.2.1 Employee Protections: IAW individual task order PWS, personnel who are citizens of the United States and employed by the Contractor hereunder and sent to OCONUS locations shall be accredited to the United States Air Force (USAF), Army, Navy or Marines with a recognized status under the Hague regulations and the Geneva Convention. IAW the task order PWS, the Contractor shall be given proper credentials and identification cards, shall wear a uniform when prescribed by the Theater Commander, shall be subject to appropriate recognition under the rules of war, and shall be subject to such regulations as have been or may hereafter be issued by the USAF, Army, Navy or Marines in foreign theaters of operation. Upon termination of services of any employee, the Contractor shall immediately upon occurrence turn in all Government credentials issued to that employee to the specified government representative.

5.2.2 Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

5.3 Government Furnished Equipment, Facilities and Services: For every task order defined permanent location, the Government will provide necessary space, special tooling, all support equipment (to include Fall Protection IAW OSHA General Industry Standard 29 CFR Part 1910), office space, required office equipment and supplies, and access to telephone/fax machine for official business calls in addition to logistics support as outlined in logistics support clauses of the basic contract. Direct parts and materials shall be purchased using the appropriate reimbursable CLIN after approval from the DCMA administrative contracting officer (ACO) as outlined in the applicable basic contract clause.

5.3.1 Government Furnished Property (GFP): GFP will be provided to the Contractor as required by the individual task order PWS. Any GFP will be provided as an Appendix B to the task order. If an Appendix B is provided with the task order requirements, the Contractor, in conjunction with the COR and upon issuance of each individual task order awarded hereunder, shall conduct an initial inventory of all GFP. In addition, the Contractor shall conduct either a yearly inventory of all GFP or shall conduct an inventory of all GFP at the completion of each task order, whichever comes first. Data shall be submitted IAW CDRL A012 at PWS paragraph

6.12. Control of GFP shall be in accordance with FAR 52.245-1, 2 and 9.

5.3.2 Contractor Transportation: When contractor employees are on temporary duty (TDY) status, Government provided transportation may be authorized, provided it is specified on the individual task order PWS and approved by the contracting officer. Government transportation shall be limited to the duration of the TDY in accordance with the Joint Travel Regulations (JTR), for period of performance and location. Use of transportation will be restricted for the conduct of official business and transportation of team personnel to worksite from quarters and return. Costs incurred by contractor personnel on official company business are allowable, subject to the limitations contained in FAR 31.205-46 – Travel Costs. Costs for transportation may be based on mileage rates, actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge.

5.3.3 In CONUS, contractor’s personnel will not be furnished Government quarters, messing or other forms of logistic support except for emergency medical care (resuscitative and stabilization care only), unless specifically authorized in the task order or letter of identification.

5.3.4 OCONUS Logistics Support: The Government may make available within the overseas theaters, subject to the individual capability limitations of the bases therein and the approval of the respective Theater/Base Commanders, the following items of logistics support to contractor personnel: quarters (adequate government quarters may be considered a tent), messing (including commissary), communications, banking, postal service, laundry, dry cleaning, on-base recreation, vehicle registration, base service station, base exchange, club privileges, medical and dental facilities. There may be specific limitations with regards to United States (US) Territories and possessions. Secretaries of the respective Military Department (for US territories and Possessions, the installation commander concerned if delegated) may grant deviations to specifically authorize limited commissary privileges to firms under contract to the Department of Defense (DoD) provided certain criteria are met. The contractor shall reference DoD 1330.17-R, "Armed Services Commissary Regulations, Enclosure 2;" DoD Instruction 1330.21, "Armed Services Exchange Regulations, Enclosure 6;" and DoD Instruction 1000.13, "Identification (ID)

Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals,'' for the latest guidance on access privileges. The task order PWS will specify any OCONUS logistics support that will be provided by the government. Additionally, PWS paragraph 5.15 will specify any country specific entry requirements that would be required in order to gain access to government bases/facilities.

5.3.4.1 The Contractor shall comply with, and shall ensure that its personnel and subcontractor personnel at all tiers obey all existing and future U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, USCENTCOM, Multi-National Force and Multi-National Corps fragmentary orders, instructions and directives. Contractor employees performing in the USCENTCOM Area of Operations are under the jurisdiction of the Uniform Code of Military Justice (UCMJ). Under the UCMJ, U.S. commanders may discipline Contractor employees for criminal offenses. Contractors shall advise the PCO if they suspect an employee has committed an offense. Contractors shall not permit an employee suspected of a serious offense or violating the Rules for the Use of Force to depart Iraq, Afghanistan, or other CFT country without approval from the senior U.S. commander in the country.

5.3.4.2 When Contractor employees are overseas, the Government shall provide transportation between work sites, when authorized by the ACO or PCO. Government provided transportation includes the use of Government furnished vehicles, vehicle rental, or mileage reimbursement on a privately owned vehicle.

5.3.4.3 All applicable FAR/DFARS Theatre Clauses will be applied at the task order level.

5.4 Timeline/Work Schedules: Individual task order requirements will be specified in the task order PWS. Normal Government workdays include Monday through Friday, except for Contractor sick leave and vacation days, and the following United States (US) federal holidays:

New Year’s Day Martin Luther King Jr’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Good Friday: Alaska only

5.4.1 From time to time, the Government may decide or be forced to close all or part of the Government installation in response to an unforeseen emergency or other occurrence such as a furlough. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, or a base disaster such as a natural gas leak or fire.

The contractor shall be officially dismissed upon notification of closure in accordance with PWS paragraph 5.4.1.2. below. The contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner.

5.4.1.1 With regard to work under the contract, the Government shall retain the following options:

(1) The Government may grant a time extension in each task order delayed by the closure equal to the time of the closure, subject to the availability of funds and period of performance limitations.

(2) The Government may forego the work. The contractor will not be paid (unless FFP) for work not performed.

(3) The Government may reschedule the work on any day satisfactory to both parties.

5.4.1.2 Government Installation Closure Notification Procedures:

(1) After an official decision to close the installation has been made by the responsible Government representative, the local radio and television stations will be notified of the closure.

(2) The contractor shall listen to or watch one of the local radio or television stations for notification of installation closures and delays. Unless otherwise notified by the PCO, the Contractor shall follow instructions intended for non-essential personal.

(3) The contractor may not receive any other form of notification of installation closure from the Government. The contractor shall be responsible for notification of his or her employees.

5.4.1.3 If the decision to close all or part of the installation is made during the duty day, and the installation Commanders' decision is transmitted through official notification channels, the contractor shall follow the instructions as given. Contractor personnel shall notify their task monitor and act in accordance with the task monitor's instruction.

Individual task order requirements will be specified in the task order PWS with regards to the following:

5.4.2 Down Days: When required the contractor shall work all local safety, family, and down days. There may be scheduled down days or safety days such as: days after holiday, goal days, and other similar events where the contractor doesn’t have access to base facilities. Every effort will be made to provide contractor access during down days; however access is not guaranteed.

5.4.3 Rescheduling: If there are lost hours for any reason, the COR may reschedule tasks to a later date. This will be coordinated through the contractor prior to being worked.

5.4.4 Surge/Emergency Operations: when required the Contractor shall provide maintenance services in support of natural disasters and other unique situations (e.g., stranded aircraft rescue, national security support, etc.). The Government will make every effort to provide advance notice of emergent requirements. Should the Contractor actually be required to support the function (i.e., if the Contractor is actually called to duty), the Contractor shall be reimbursed for such services when outside normal working hours and if they exceed expected workload.

5.4.5 Weekends/Holidays

5.4.6 Night Operations

5.4.7 Off-site operations: Maintenance performed at any locations other than those defined as the permanent locations in Section 2 of the task order PWS, will be considered TDY locations.

5.4.8 Work Hours CONUS/OCONUS: Within the Continental United States (CONUS), Alaska and Hawaii, and where U.S. labor laws apply, a straight time work week will consist of forty (40) hours per week. In those overseas areas where there is no conflict with U.S.

federal labor laws and where it is required a straight time work week will consist of six (6) consecutive eight (8) hour days or four (4) ten (10) hour days and one (1) eight (8) hour day, forty-eight (48) hours per week. Each task order issued hereunder will set forth the required work week where performance is to be overseas. The overtime rates set forth in Section B hereof will apply only for those hours worked in excess of the foregoing pursuant to the “Payment under Time & Materials and Labor Hour contracts – (52.232-7)” or “Payments – (52.232-1)” clauses of the General Provisions. In some instances, part-time employees will be allowed if authorized by the Administrative Contracting Officer (ACO). “Part-time” is defined as any employee customarily working less than the straight time work weeks identified above.

Under no circumstances will “on-call” employees be allowed under this contract.

5.4.9 The Fair Labor Standards Act (FLSA): The FLSA includes in the regular rate of pay all remuneration for employment paid to, or on behalf of, the employee, except payments specifically excluded by FLSA section 7(e). The hours worked by an employee include all periods in which the employee is “suffered or permitted to work” whether or not required to do so, and all time during which the employee is required to be on duty, or to be on the employer's premises, or to be at a prescribed workplace. FLSA 7(e)(2) provides that the term “regular rate” shall not be deemed to include “payments made for occasional periods when no work is performed due to vacation, holiday . . . and other similar payments to an employee which are not made as compensation for his hours of employment.”

5.4.10 Holiday/Vacation Pay: As indicated in 29 C.F.R. § 778.219(a), when the employee foregoes a holiday or vacation but still receives the holiday or vacation pay it is not considered hours worked and shall not be included in the regular rate of pay for purposes of computing overtime. In addition, vacation, holiday and sick leave do not fall within the meaning “to suffer or permit to work" and shall not be considered as hours worked and compensable, and therefore, shall not be included in the regular rate of pay for purposes of computing overtime.

5.5 Travel: When required the Contractor shall travel. TDY shall be performed as required by individual task order requirements and will be specified in the task order PWS, only after coordination with the COR prior to approval and authorization by the ACO or PCO. The Contractor shall be responsible for making arrangements for all airfare, car rental, lodging, and subsistence required. If passports/work visas are required for travel, this will be specified in the task order PWS. The contractor shall be responsible for obtaining any passports or visas

5.6 Overtime, Surge and Over and above work: Overtime, surge and over & above work are defined in and shall be worked IAW basic contract clause H-5, “OVERTIME, SURGE, and OVER AND ABOVE PROCEDURES”. The Contractor is advised that a shortage of personnel which results in overtime or weekend work to accomplish tasks not considered a surge emergency requirement will NOT be entitled to overtime under the over and above CLIN. If manning levels must be decreased due to unanticipated workload reduction, the task order may be de-scoped as a result of government/Contractor negotiations.

5.7 Training: The Contractor shall provide all required training to its employees. Exceptions to this will be specified in the task order PWS. The Contractor shall provide copies of certification to the task order COR when requested IAW the individual task order PWS.

5.8 Physicals: The Contractor shall be responsible to pay for any and all physicals such as “fit-to-work” or “pre-employment” type physicals. Contractors shall be responsible for all annual flight physicals, if applicable. This includes all OSHA physicals and OSHA training requirements. This includes, but is not limited to, OSHA mandated physicals and trainings such as Cadmium, EXIT Cadmium, DOT Exam, Respirator (including all Fit Testing Procedures), Hazwoper, breathing tests, and Audiograms. Additionally, general physical for persons operating powered equipment or government motorized equipment, Class 1 & 2 flight physicals for personnel performing flight duties and fitness for duty physicals are the responsibility of the contractor. It is the contractor’s responsibility to estimate physical and training costs up-front based on the requirements defined in the task order PWS/FONs. Any and all physical costs shall be a part of the task order proposal. All OSHA required physicals, applicable to both FFP and T&M work, shall not be a direct cost to the Government and will not be reimbursed through the CAP/CAS or Mat/Non-Mat CLIN.

5.9 Data Rights: IAW the task order PWS, the Contractor shall be provided access to information required to accomplish assigned tasks commensurate with security clearance and on a need to know basis. During any task order PoP, all data pertaining to the task order shall be returned to the Government upon task order expiration. The Contractor shall not retain classified or unclassified material generated or received under this contract and any resultant task order after the task order ends without approval of the appropriate office of primary responsibility.

The Government has unlimited rights to all deliverables developed under this contract and any resultant task order. The Government will retain custody of all records associated with Contractor deliverables and will have exclusive control of all records associated in the distribution of all written deliverables.

5.9.1 Documentation: Documentation, in any media, provided by the Government shall remain the sole property of the U.S. Government. Documentation generated by the Contractor in support of this contract, in any media, shall remain the sole property of the U.S. Government.

The Contractor shall not use or disclose any documentation for any purpose or in any manner not specifically authorized or required by the CFT contract and the Individual task order PWS.

Documentation includes, but is not limited to: software, data, records, files, documents, work papers, logs, materials, products, and services.

Documentation also includes, but is not limited to, requirements information from customers, design specifications, notes, end-user manuals, flowcharts, diagrams, and prototypes. Products and services include, but are not limited to, those that are innovations, or were learned as part of normal operational processes, or those not listed as a requirement but the Contractor saw and filled a need based on Government contracting officer (CO) approval at no additional cost to the Government.

Documentation shall be maintained, inventoried, and disposed of in accordance with the applicable records management regulations AFI 33-322 “Records Management Program”, AFMAN 33-363 “Management of Records”, and AFI 33-364 “Records Disposition – Procedures and Responsibilities” (in their entirety) and written coordination with the Government COR.

All documentation returned to the Government COR during contract performance, at contract completion or termination shall be in the English language, readable, and in a readily retrievable format, which requires no additional software or tools to read and to retrieve beyond those already installed on the affected U.S. Government computers.

5.10 Mission Essential Services: The Contractor shall prepare for the continuation of essential DOD services during crisis IAW Defense Federal Acquisition Regulation Supplement (DFARS) SUBPART 252.237.7023 “Continuation of Essential Contractor Services.” In a state of emergency, if the Government deems necessary, the Contractor shall continue to provide all services necessary to ensure mission accomplishment. IAW the task order PWS, the Contractor shall provide a written plan IAW DFARS 252.237-7024, “Notice of Continuation of Essential Contractor Services”.

5.11 Green Procurement Program (GPP): In order to be compliant with E.O. 13423 and FAR 23.404(b), the Contractor shall purchase products and services (when CAP/CAS is authorized) that meet GPP guidelines unless they are not available:

1. Competitively within a reasonable period of time;

2. At reasonable prices, or;

3. To meet reasonable performance standards in specification. A written determination by technical or requirements personnel of the performance standard reasonableness must be included with the justification.

NOTE: The DOD GPP was established to implement Executive Order (E.O.) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management”, that requires federal agencies to use sustainable environmental practices in the acquisition of goods and services. The purpose of GPP is to enhance and sustain mission readiness through cost effective acquisition that achieves compliance and reduces resource consumption and solid and hazardous waste generation. Green procurement includes the acquisition of:

• Recycled content products

• Environmentally preferable products and services

• Bio-based products, energy- and water-efficient products,

• Alternate fuel vehicles and alternative fuels,

• Products using renewable energy, and

• Alternatives to hazardous or toxic chemicals

The GPP does not authorize the violation of Service Technical Order/Manual or Regulatory requirements to use specified materials. Useful information can be found at:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm

• USDA Bio-based product listings published at http://www.dm.usda.gov/procurement/programs/biopreferred.htm

• Energy Star® product listings published at www.energystar.gov/products

• FEMP Low Standby Power product listings published at http://oahu.lbl.gov

5.12 Strike Plan: The Contractor shall continue performance in the event of a labor strike, in accordance with FAR 22.101.2(b). If Contractor employees performing on a task order are covered under a collective bargaining agreement (CBA), the Contractor shall provide a Strike Plan IAW CDRL A013 and PWS paragraph 6.13. Individual task order requirements will be specified in the task order PWS. The Strike Plan shall address how the Contractor shall continue to provide contract services in the event of a strike or labor dispute by represented employees and address measures necessary to ensure the security of government property and communications. The plan shall also address any other criteria the Contractor believes to be critical to continuance of the contracted services.

The Contractor shall submit either a Strike Plan or a Contractor Labor Dispute Plan IAW the individual task order PWS.

5.13 Contractor Labor Dispute Plan/Unrepresented Employees: The Contractor is expected to continue performance in the event of a labor dispute involving Contractor employees that are not represented by a union, and therefore are not covered under a CBA. The Contractor shall provide a Labor Dispute Plan IAW the individual task order PWS, CDRL A014 and PWS paragraph 6.14. The Labor Dispute Plan shall address how the Contractor shall continue to provide contract services in the event of a labor dispute by unrepresented employees and address measures necessary to ensure the security of government property and communications. The plan shall also address any other criteria the Contractor believes to be critical to continuance of the contracted services. This plan shall be reviewed on an annual basis by the Contractor and the COR.

The Contractor shall submit either a Strike Plan or a Contractor Labor Dispute Plan IAW the individual task order PWS.

http://www.epa.gov/cpg/products.htm http://www.dm.usda.gov/procurement/programs/biopreferred.htm http://www.energystar.gov/products http://oahu.lbl.gov/

5.14 Nuclear Weapons Related Materiel (NWRM) Standard Contract Requirements: Individual task order requirements will be specified in the task order PWS.

5.15 Distinctive Requirements for OCONUS Task Orders: Individual task order requirements will be specified in the task order PWS [Technical Expert Status Accreditation (TESA), Status of Forces Agreement (SOFA), etc.].

5.16 Contractor Vehicle/Equipment Operation: Contractors shall comply with DOD 4500.36-R which states:

“Contracts and agreements will require that operators comply with licensing requirements of the State and local motor vehicle laws. DoD Contractor employees shall not be issued Optional Form (OF) 346, "U.S.