SmarTracks Draft PWS.pdf
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- Attached to
- SmarTrack GPS Tracking System Service and Maintenance Federal contract opportunity
- Solicitation number
- H9223925Q0004
- Issued by
- United States Special Operations Command
About this file
This is a Performance Work Statement (PWS) for providing SmarTrack GPS tracking system service and maintenance at Camp Mackall, NC. The contractor shall provide airtime service and maintenance for 765 SmarTrack GPS tracking devices used by the Special Forces Assessment and Selection Course (SFAS), Special Forces Preparation and Conditioning Course (SFPC), and Survival Escape, Resistance and Evasion Course for tracking students during field training.
Key requirements include: providing a web-based platform with secure server for GPS tracking; ensuring devices can send/receive signals and provide user location updates every 2-4 minutes in the Camp Mackall and Hoffman training areas; maintaining 90% operational availability of devices; providing 24/7 help desk support with 2-hour response time during scheduled usage periods; repairing/replacing defective devices within 14 days; and submitting monthly usage reports. The tracking system must enable minute-by-minute tracking, centralized monitoring of all units, two-way communication capability, and emergency beacon functionality. The contractor must provide all personnel, equipment, supplies, and materials except for government-furnished workspace and utilities. This contract was initiated in 2021 to enhance safety posture for troops conducting field training in austere environments.
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Text version
PERFORMANCE WORK STATEMENT
SmarTracks GPS Tracking System Service and Maintenance E Co, 1/1 SWTG(A), Camp Mackall, NC 28363
Part I
General Information
1. GENERAL: This is a non-personal services contract to provide SmarTrack service and airtime for 765 SmarTrack systems, charging racks, and device chargers. The Government will not exercise any supervision or control over the contract service providers performing the services herein. The Government will not assign tasks to, or prepare work schedules for, individual Contractor personnel.
Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.
1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform SmarTrack Maintenance and Service, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS.
1.1.1 Program Goals: Airtime support shall provide the location of the user, have an emergency beacon and two-way communication capability. Device shall provide minute-to-minute tracking, centralized and decentralized tracking capability (ability to see all units on a single screen from multiple devices) on a secure network, ability to remotely control a tracking device, custom emergency signal receipt verification, ability to track students Devices must have the ability to send or receive signals in the Camp Mackall and Hoffman training areas without interference or anomalies. The interface must be Web-based, use a secure, web-based platform, and require no additional equipment for purchase other than the tracking devices themselves.
1.2. Background: This contract was initiated in 2021 to enhance the safety posture for troops that conduct field training in austere environments. The Special Forces Assessment and Selection Course (SFAS), Special Forces Preparation and Conditioning Course (SFPC) and the Survival Escape, Resistance and Evasion Course are required to provide GPS tracking devices to course attendees during training periods where extensive, individual cross-country movement is required. These tracking devices are used as a risk mitigation control measure IAW the 1-1SWTG (A) Composite Risk Management (CRM).
1.3. Scope: The contractor shall provide a web-based platform, monthly airtime support, data maintenance service, and 24-hour help desk and technical support for 765 SmarTrack devices which are in direct support of SFAS, SFPC and SERE student training.
1.3.1. Services include: The contractor shall ensure the devices track via the airtime required for Soldier movements during remote training and allow two-way communication and location in emergency situations. The contractor shall perform maintenance when required to the extent possible for trackers in need of repair.
1.3.2. The Contractor shall accomplish:
1.3.2.1. Ensure tracking system web-based interface is updated and operational to support field operations.
1.3.2.2. Ensure devices can send and receive signals in the Camp Mackall and Hoffman training areas without interference or anomalies.
1.3.2.3. Devices will provide user location which is updated every 2 to 4 minutes tracking when in use.
1.3.2.4. Provide a secure website with a dedicated server.
1.4. Type of Contract Contemplated: This will be a Firm-Fixed-Price contract.
1.5. Objectives: The contractor provides airtime, interface, and maintenance for 765 1-1SWTG (A) owned devices that provides location, emergency notification, and voice-communication individuals assigned to SFAS, SFPC and SERE courses.
1.6. General Information:
1.6.1. Quality Assurance. The Contracting Officer’s Representative (COR) will 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 COR must do to ensure that the Contractor has performed IAW the performance standards and contract quality requirements are being met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the Contractor, to ensure they are providing products or services that conform to the contractual requirements. It defines how the performance standards will be enforced, the frequency of surveillance, the minimum acceptable defect rate(s), and deductions applied, if applicable. When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor acknowledges that they have been made aware of the defective performance.
1.6.1.1. Quality Control Plan (QCP). Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services and supplies to the Government. The Contractor shall develop, implement, and maintain a QCP to provide delivery of high-quality service and products IAW the requirements of the contract, applicable laws, and regulations, and at or above the standards defined in the Performance Requirements Summary (PRS).
1.6.1.1.1. The Contractor shall submit their QCP to the Contracting Officer (KO) and COR for review within 15 workdays after contract award. The KO and COR will review the Contractor’s QCP and either notify the Contractor in writing of acceptance of the plan or return, with their comments, to the Contractor within 10 workdays. If the Government has provided comments, the Contractor shall then have 20 workdays to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the KOs acceptance in writing. Any proposed changes to the initially accepted QCP are required to be resubmitted for acceptance by the KO no later than (NLT) 20 workdays prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. The basic intent of this plan is that the Contractor is responsible for quality. At a minimum, the QCP shall include and answer all the following to be acceptable:
1.6.1.1.2. How the Contractor will monitor work to ensure their performance complies with all specifications, contract requirements, and all deliverables to include timelines, deadlines, and goals.
1.6.1.1.3. Details how continuous quality improvement will be a sustaining focus throughout the QCP and report monthly via a Process Improvements Tracker (PIT) ongoing initiatives to streamline processes, improve service, and benefits to the Government.
1.6.1.1.4. Contractor’s method of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, analysis of process deficiencies, and problem resolution.
1.6.1.1.5. Deficiency Identification, Prevention and Correction. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.
1.6.1.1.6. Include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS, without dependence upon Government direction. The Contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable and before they are provided to the Government.
1.6.1.1.7. Address process control and continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification; procedures for root cause analysis; corrective and preventive action procedures to include procedures for addressing Government discovered non-conformances; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.
1.6.1.1.8. How the Contractor will document and enforce quality control operations of both prime Contractor and/or subcontractor work, including inspection and testing. Address the specific tasks or areas to be inspected or tested on a scheduled or unscheduled basis, the manner of which inspections or testing are to be conducted, the titles of the individuals who will perform the inspections and testing, and the percentage of the work that will be inspected or tested on a recurring basis. In developing this inspection and testing program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.
1.6.1.1.9. How the Contractor will monitor and ensure their staff qualifications, licenses, permits, certifications, and training requirements remain current and valid throughout contract performance.
1.6.1.1.13. Disaster Contingency Plan. The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.
1.6.1.1.14. An Analysis of Quality Control and Timeliness of Submittals shall be provided to the KO and COR within 30 days upon completion of each option period or Period of Performance, whichever comes first.
1.6.1.1.15. How the Contractor will document, file, and save all Quality Control related documents for the life of the contract plus five years.
1.6.2. Inspection Files. The Contractor shall keep records on-site of all inspections conducted by the Contractor and necessary corrective action taken. Upon request from the KO or COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.
1.6.3. COR/Alternate COR (ACOR): The COR and ACOR monitor all technical aspects of the contract and assists in contract administration. As determined by the KO, a COR and ACOR will be identified and appointed by letter of designation, a copy of which will be provided to the Contractor by the KO. The designation letter states the responsibilities and limitations of the COR and ACOR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The ACOR’s authority shall only be in effect during the absence of the COR.
1.6.3.1. In no event will the COR or ACOR, by virtue of their designation as such, be empowered to execute or agree to any contract changes thereof or authorized to obligate the Government. If the work is not written in the contract, neither the COR nor ACOR are authorized to request new work. The KO retains the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR or ACOR shall be addressed, in writing, to the KO.
1.6.3.2. The COR and ACOR are authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; and maintain written and oral communications with the Contractor concerning technical aspects of the contract. The COR and ACOR can also issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor Contractor's performance; notify both the KO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel.
1.6.3.3. Performance Issues. The Contractor shall inform the COR of issues or potential issues that might affect the performance within 5 days of identifying those issues. Verbal reports shall be followed up by written reports within 5 workdays.
1.6.4. Nonconformance Report (NCR). Nonconformance occurs when a Contractor fails to meet Contract or Task Order terms, conditions and/or specifications; the Contractor’s quality control system is found to be inadequate; or the Contractor’s noncompliance has led to substandard performance requiring corrective action. All instances of nonconformance will be documented via a Nonconformance Report.
The Contractor shall reply to the KO and COR in writing within five (5) workdays from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence. An NCR will not normally be issued if the Contractor has self-identified a nonconforming condition and has implemented effective corrective actions. However, this does not apply in cases where a Contractor has issued an internal corrective action based on a nonconformance previously identified by the Government.
1.6.5. Property Management System (PMS). The Contractor shall establish a system of internal controls to manage in its possession. The PMS must be adequate to satisfy the requirements of the contract and compliance with FAR Clause 52.245-1. The Contractor shall use the SmarTracks Global Warehouse Management System to manage property.
1.6.6. Incidental Property. Not Applicable
1.6.7. Recognized Federal Holidays. The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements.
1.6.8. Hours of Operation. The Contractor shall provide a 24-hour help desk or technical support that can be reached via telephone, MS Teams, or Skype for scheduled usage times. The Government shall provide the Contractor with a device usage forecast NLT 30 days after contract award.
1.6.8.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.
1.6.8.2. During Force Protection Condition (FPCON) Charlie and Delta, the COR will notify the contractor if the contractor is scheduled to be at Rowe Training Facility to reschedule.
1.6.9. Place of Performance. The contractor does not need to have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at contractor facilities for service, but in the event updates, repair or replacement is necessary, the contractor will have access to Rowe Training Facility and the off-site training areas. The work to be performed under this contract shall be accomplished at Rowe Training Facility, Camp Mackall, Hoffman and Fort Liberty, North Carolina.
1.6.9.1.1. Continuity of Operations During Emergency Situations. Contractor may be expected to telework for the duration of an emergency pursuant to component policy; a pandemic; or when the regular worksite is closed or closed to the public due to natural or manmade emergency situations (e.g., snowstorm, hurricane, act of terrorism, etc.).
1.6.9.1.2. Not Applicable.
1.6.9.1.3. The Contractor shall perform and ensure that all customers, whether in the defined service area, teleworking, working remotely, or at another duty location receive the same high-quality service and support.
1.6.9.1.4. Not Applicable.
1.6.9.1.5. The Contractor will not be reimbursed for telework expenses (e.g., installation of broadband or telephone lines) incurred while conducting business for the Government.
1.7. Security Requirements: The Contractor shall be responsible for the security of Contractor furnished supplies, equipment, and vehicles. Access to Government Information Systems is not required. AT Level I training. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall complete AT Level I Awareness Training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contract employee and subcontract employee to the COR (or to the contracting officer if a COR is not assigned) within 60 calendar days after completion of the training by all employees and subcontractor personnel. This is an annual training requirement. AT Level I training is available at https://atlevel1.dtic.mil/at.
1.7.1. Personnel Security Clearance Requirements. Security Clearances are not required. Access to Government Information Systems is not required. CAC Cards are not required.
1.7.1.1. Contractor personnel do not require a security clearance for this contract.
1.7.1.1.1. Contractor personnel shall comply with FAR Clause 52.204-2, Security Requirements, when the employee requires handling or has access to information classified “Confidential”, “Secret”, or “Top Secret”. Additionally, they are required to comply with (1) the Department of Defense Security Agreement Form 441 (DD441), including the National Industrial Security Program Operating Manual (NISPOM) (32 CFR Part 117). Not Applicable.
1.7.2. Security clearances are not required.
1.7.2.1. National Industrial Security Program (NISP) (32 CFR Part 2004). (See DD254; FAR Clause 52.204-2; and DFARS 204.404-70(a) and (b)).
1.7.2.1.1. The Contractor shall comply with the DD441 and the National Industrial Security Program Operating Manual (NISPOM) (32 CFR Part 117). The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records, in accordance with DFARS Clause 252.204-7003.
1.7.2.1.2. Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with Army Regulation (AR) 25-400-2 Army Records Management Program;
Department of Defense Manual (DoDM) 5200.01 Volumes 1-3, and other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government.
1.7.3. Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use.
1.7.3.1. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than authorized Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.
1.7.3.1.1. Lock Combinations. The Contractor shall include in the physical security section of the Contractor’s security program, and in the Contractor’s Quality Control Plan, methods of ensuring that lock combinations are not revealed to unauthorized persons. The Contractor shall change lock combinations when personnel having access to the combinations no longer have a need to know such combinations.
1.7.4. Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.
1.8. Installation and Facility Access: Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, Headquarters Department of Army (HQDA) and/or local policy.
1.8.1. Contractor personnel shall have a valid form of Government issued identification which satisfies the requirements to gain entry onto Fort Liberty or Rowe Training Facility. This requirement shall be met for the life of the contract.
1.8.2. Contractor personnel shall comply with applicable installation, facility, area commander installation and facility access, and local security policies and procedures. U.S. Army Fort Liberty – Physical Security Access Control. Personnel shall be aware of and comply with the requirements associated with Installation Access Control (IAC) at Rowe Training Facility. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.
1.8.3. The Vendor will coordinate with the COR and/or the facility security office for access when required. updated as employees are added or removed; submitted within five (5) days after any changes occur; and available at any time upon request by the KO or COR.
1.8.3.1. No Installation passes will be issued to contractor personnel. Contractor personnel will be escorted into, to the place of duty and off the Rowe Training Facility installation.
1.8.3.2. Not Applicable.
1.8.3.3. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.9. Background Checks: The contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshal Office, Director of Emergency Services, or Rowe Training Facility Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy.
1.9.1. Access and general protection/security policy and procedures. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be https://home.army.mil/bragg/index.php/about/garrison/directorate-emergency-services/physical-security/physical-security-department-army-security-guards/access-control#:%7E:text=The%20application%20request%20form%20%28DES%20Form%20118%29%20for,mailbox%20using%20the%20approving%20authority%E2%80%99s%20government%20email%20account.
https://home.army.mil/bragg/index.php/about/garrison/directorate-emergency-services/physical-security/physical-security-department-army-security-guards/access-control#:%7E:text=The%20application%20request%20form%20%28DES%20Form%20118%29%20for,mailbox%20using%20the%20approving%20authority%E2%80%99s%20government%20email%20account.
accomplished by installation Provost Marshall Office (PMO), Director of Emergency Services (DES), or Security Office (SO). Contractor workforce shall comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clauses of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.9.2. Contractor shall verify the employment eligibility of personnel assigned to this contract. Contractor personnel shall comply with vetting requirements per AR 525-13 Antiterrorism.
1.9.2.1 Eligibility Verification for Employment. E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S.
Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem. All U.S. employers shall complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes U.S. citizens and noncitizens. On the form, the employer shall examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. E-Verify is mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause 52.222-54.
1.9.3. Sponsoring organizations or activities will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Visitors Control Center (VCC) or Rowe Training Facility detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one (1) to three (3) years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American VCC or Rowe Training Facility. Renewed short term passes shall be re-processed at the All American VCC or Rowe Training Facility.
1.10.1.4. Contractor personnel that do not require a CAC but require access to a DoD facility or installation. Contractor personnel shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III), the Terrorist Screening Database (TSDB); Army Directive 2014-05 and AR 190-13), applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by government representative).
1.10.2. Badges. Not Applicable.
1.10.2.1. Government Issued Identification Badges. Not Applicable.
1.10.2.2. Contractor Issued Identification Badges. Not Required.
1.10.3. The Contractor shall comply with FAR Clause 52.204-9, Homeland Security Presidential Directive- 12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Personal Identify Verification (PIV) of Federal Employees and Contractors (FIPS PUB) Number 201-3 (or their updated versions).
1.11. Occupational Safety and Health Act (OSHA) and Environment:
1.11.1. The Contractor shall perform work in a safe manner as required by Occupational Safety and Health Act (OSHA) and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact.
1.11.2. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state, and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and COR for final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected.
The Contractor shall take due caution not to endanger personnel during performance of this contract.
Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the COR.
1.12. Contractor Personnel.
1.12.1. Requirements Applicable to all Contractor Personnel.
1.12.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.
1.12.1.2. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 380-5 have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.
1.12.1.3. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (i.e., telephone or Email) with co-workers, customers, and the general public.
1.12.1.4. Appearance and Performance. It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. Contractor personnel shall not perform work under the influence of alcohol, illegal prescribed drugs, or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to always present a professional appearance.
1.12.1.5. Conduct of Personnel. The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor personnel shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.
1.12.2. Key Personnel. Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted, in writing, to the KO and COR within ten (10) workdays of the proposed change. The Contractor shall promptly replace key personnel with personnel who possess qualifications equal to or better than that of the original employee if, for any reason, any of the key personnel become, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays. The Contractor shall replace all key personnel that are terminated or released from employment under this contract within ten (10) workdays of the termination.
1.12.2.1. The following employees are considered as key personnel by the Government. The PM, and Alternate PM (APM) who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 7:30 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.
1.12.2.2. Qualifications for all Key Personnel
1.12.2.2.1. Program Manager (PM) and Alternate PM (APM): The PM shall meet or exceed the following minimum qualifications: The PM and the APM shall be capable to troubleshoot, repair and program tracking software and devices.
1.13. Identification of Contractor Personnel:
1.13.1. Contractor personnel shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting, or attending meetings and seminars, or working in other situations where their Contractor status is not obvious to third parties.
1.13.2. All Contractor correspondence, to include all documents or reports they produce, shall be suitably marked with their company name and as a Contractor product. Documents and reports of which the Contractor contributed to shall be appropriately disclosed.
1.14. Required Training:
1.14.1. Anti-Terrorism (AT) Level I Training. Contractor personnel requiring access Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at Joint Knowledge Online.
1.14.1.1. AT Awareness Training for Contractor Personnel Travelling Overseas. U.S. based Contractor personnel to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.
1.14.2. Locally Developed iWATCH Army Training. Contractor personnel shall be briefed on the local iWATCH program (training standards provided by the Requiring Activity (RA) Antiterrorism Office (ATO).
This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within five (5) calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.
1.14.2.1. iWatch is simply common awareness. Contract employees can be good sources of information.
iWatch training will include organization instructions on “things to look for” and a phone number to call in case Contractor personnel have information regarding possible terrorist or criminal activities. Providing Contractor personnel with awareness materials such as the iWatch brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include the COR in the reporting procedures. Samples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://www.army.mil/e2/c/downloads/287489.pdf
1.14.3. Army Training Certification Tracking System (ATCTS) registration for Contractor personnel who require access to Government information systems. Contractor personnel with access to a government information system shall be registered in the ATCTS at commencement of services and shall successfully complete the DoD Information Assurance Awareness training prior to accessing the information system and then annually thereafter.
1.14.4. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.
1.14.4.1. OPSEC Training. Per AR 530-1, Operations Security, Contractor personnel shall complete Level I OPSEC Awareness Training. New employees shall be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness training is available at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf
1.14.5. Cyber Awareness (formerly Information Assurance / Information Technology (IA/IT)) Training and Certification.
1.14.5.1. For IA/IT Training. Contractor personnel shall complete the DoD Cyber Awareness training, and annually thereafter, before issuance of network access. Contractor personnel working in IA/IT functions shall comply with DoD and Army training and certification requirements in DoDD 5144.02, DoDD 8140.01, DoDM 8140.03, DFARS 252.239.7001, and AR 25-2. DoD Cyber Awareness Challenge Training is available at the following website: https://ia.signal.army.mil/DoDIAA/.
1.14.5.2. For IA/IT Certification. Contractor personnel supporting IA/IT functions shall be appropriately certified upon contract award IAW DoD Directive 8140, DFARS 252.239.7001 and AR 25‐2.
1.14.5.2.1. Certificates shall be submitted to the COR upon request. Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions.
1.14.6. Threat Awareness Reporting Program. Per 2-4b of AR 381-12 Threat Awareness and Reporting Program (TARP), Contractor personnel shall receive live TARP training by a Counterintelligence (CI) agent or other trainer and annually thereafter as specified in 1-10b and 1-10l of AR 381-12.
1.14.7. Privacy Training. Contractor personnel having access to systems of records; create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or design, develop maintain, or operate a system of record shall complete Privacy Training prior to commencing with work on the contract and annually thereafter. (Privacy Act of 1974 - Public Law 93-579; 5 U.S.C. Section 552a (Privacy Act); DoDI 5400.11; AR 380-5). See PWS (1.17) Non-Disclosure Requirements.
1.14.7.1. The Contractor may provide its own training or use the training of another agency. Training shall comply with FAR 24.301(b) minimum requirements.
1.14.7.2. Suspected or Confirmed Breach. Not Applicable.
1.15. Other Direct Costs (ODC): Not Applicable.
1.15.1. ODCs Other Than Travel: Not Applicable.
1.16. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.17. Non-Disclosure Requirements: Performance under this contract may require the Contractor personnel to access data and information proprietary to a government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this PWS would be averse to the interests of the Government or others. Contractor personnel shall not divulge, or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the KO. Contractor personnel shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974 (Public Law 93-579).
1.17.1. Advertisement and Social Media. The Contractor shall not post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc., before, during or after the contract period of performance without express consent of the Government. The use of propaganda violates DoD Commercial Use of Imagery Guidelines. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.,) obtained through this contract on any marketing tool to include its company website, commercial broadcasts, online forums, and social media including the posting of content on accounts owned by friends, family, or associates.
1.17.2. Non-Disclosure Statements: The Contractor shall complete Privacy Training IAW PWS (1.14.7) and provide a signed non-disclosure agreement (NDA) to the COR 15 days prior to commencement of work under the contract. The Contractor shall execute NDAs for all Contractor personnel. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.
1.18. Organizational Conflict of Interest: The Contractor and subcontractor(s) shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the Contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5. Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever Contractor becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.19. Post Award Orientation/Periodic Progress Meetings:
1.19.1. Post Award Orientation. The Contractor, and any major subcontractor, shall attend the post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The post award conference will be coordinated by the KO and shall be at no additional cost to the Government.
1.19.2. Periodic Progress Meetings. To provide effective communication and impart necessary information, the Contractor shall attend, participate in, and furnish input to scheduled and unscheduled progress meetings, conferences, and briefings. Meetings will relate to the functions and services herein
(AR 70-13 Para 4-4.b.(1)) to include issues, progress of the contract, and Contractor performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced.
Appropriate action shall be taken to resolve outstanding issues. These periodic progress meetings will be held at a minimum on a quarterly basis, coordinated by the KO or COR, held at a mutually agreed location or telephonically, and shall be at no additional cost to the Government. Meetings are typically held during normal duty hours; however, under special circumstances, meetings may start or end outside of regular duty hours.
1.19.3. Contractor’s Contract Manager (or designated representative) shall attend all meetings. At times the Contractor’s managerial, supervisory, and other contractor personnel knowledgeable of the subject matter shall be requested by the Government and required to attend meetings.
1.19.4. IAW the COR Designation Letter, the COR will document the minutes of the meetings and distribute them to the KO, Contractor, and other personnel on a need-to-know basis. The Contractor shall follow-up with the COR on any due outs.
1.20. Phase-In/Phase-Out Periods (PIPO):
1.20.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impacts on services, the succeeding Contractor shall have all key personnel on board, during the 30-day phase-in period. During the phase-in period, the succeeding Contractor’s personnel shall become familiar with performance requirements, to commence full performance of services on the start of the base period of performance.
1.20.2. Phase-Out: Prior to the completion of this contract, an observation period shall occur, at which time team management personnel of the succeeding Contractor may observe operations. This will allow for orderly turnover of facilities, equipment, and records that will help to provide continuity of services. The incumbent Contractor is ultimately responsible for performing full contracted services during the phase-out period and shall not defer any requirements to the succeeding Contractor for the purpose of avoiding responsibility or of transferring such responsibility to the succeeding Contractor. The incumbent Contractor shall fully cooperate with the succeeding Contractor and the Government, so as not to interfere with their work or duties.
1.20.2.1. To minimize any decreases in productivity and to prevent possible negative impacts on services, the incumbent Contractor shall have all personnel on board during the phase-out period. The incumbent Contractor shall be prepared to transition the workload to the succeeding Contractor during the 30-day phase-out period, which will occur at the end of the period of performance of the contractual effort.
1.20.2.2. Phase-Out Plan. The succeeding Contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibility to their successor. The plan shall fully describe the Contractor’s approach to the following issues, at a minimum: Inventories and turn-over of government property; removal of Contractor property; reconciliation of all property accounts; turn-in of excess property; data and information transfer; and any other actions required to provide continuity of operations.
The succeeding Contractor shall provide the plan to the COR 30-days prior to commencement of the phase-out period.
1.22. Addendum to FAR Clause 52.228-5 - Insurance Requirements: The following kinds and minimum amount of insurance coverage is required in accordance with Para (a) of FAR Clause 52.228-5 Insurance-Work on a Government Installation:
KIND AMOUNT
Workers’ Compensation Amount required by the State in which this contract is performed; at least $100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers
Employer’s Liability $100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers
Comprehensive General Liability $500,000 per occurrence for Bodily Injury
Comprehensive Automobile Liability
$200,000 per person $500,000 per occurrence for Bodily Injury $20,000 per occurrence for Property Damage
1.23. Limitations on Subcontracting (FAR Clause) 52.219-14: Not Applicable
1.24. Service Contract Reporting (SCR). Not Applicable.
1.24.1. Contractors shall enter the total dollar amount invoiced for services performed and the number of direct labor hours expended, to include first-tier subcontractor(s) under the contract, if applicable, during the previous Government FY. The direct labor hours expended are automatically converted into full time equivalent values. Note that under an indefinite delivery contract, reports are completed at the TO level and not at the contract level. The KO and COR will review the data for reasonableness and consistency.
The KO will inform the Contractor if changes are necessary.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. Definitions:
2.1.1. CONFLICTING DIRECTIVES. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved.
The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but NLT one (1) workday of the discovery of a conflict.
2.1.2. 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.
2.1.3. CONTRACTING OFFICER (KO). Individual with the authority to enter, administer, and/or terminate contracts and make related determinations and findings.
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