H92240-14-R-0013_Att9_PWS.docx

FA5000-09-R-0033

H92240-14-R-0013 Attachment 9

14 JUN 2014

Logisitcs, Instruction, and Engineering Support Services Performance Work Statement

1. DESCRIPTION OF SERVICES

1.1. General Overview. This is a non-personnel services contract to provide Logistics, Instruction and Engineer Support Services at Naval Special Warfare Command (NSWC). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the Government.

1.2. The contractor shall provide all management, personnel supervision, and other items and non-personal services necessary to perform as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract.

1.3. Background. This contract is designed to ensure the sustainment and operations of services accomplishment by NSWC command. It will support and train forces to deploy rapidly in support of combat operations and other endeavors worldwide. Services covered under this requirement may include a range of logistic, instruction and engineering support functions.

1.4. Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.5. Tasks Descriptions. The contractor shall provide services for both sustainment and operation. Services covered under this requirement are planning, programming, administration, supervision, quality control, and management necessary to provide services IAW the Task Orders, and the ability to perform Over and Above (O&A) work. The contractor's work shall include all applicable Federal, State and local laws, policies, procedures, regulations, codes, and directives. The contractor shall perform all administrative services necessary to maintain and provide accurate supply, quality control, financial control, and maintain records, files and libraries of documents. The contractor shall format data for input into and maintain appropriate databases, prepare and provide required reports, compile historical data, perform administrative activities, and submit necessary information as specified in this PWS. The contractor shall coordinate directives, job priorities, suspense dates, and schedules as required by each TO. The functions may include:

1.5.1. Training and Training Support

1.5.2. Curriculum Development

1.5.3. Instruction and Instructor management

2. Communication and Documentation. Contract personnel shall be required to attend various Government meetings to communicate information directly related to the contract. The contractor shall compile historical data, prepare required reports, and submit information as specified in the provisions of this contract.

2.1. Attendance at Government Meetings. The contractor shall attend, participate in, and furnish input to both on-site and off-site, scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services included in this contract and as required by the Government to provide effective communication and necessary information.

2.2. Documentation. The contractor shall prepare, maintain, and submit, as well as make accessible to the CO, COR or other authorized Government representative, within the contractor's on-site office, various document logs, records, reports, and submittals, to include all correspondence (including messages) associated with the work requirements of each service area. The contractor shall maintain copies of inspections, findings, and follow-up actions.

2.3. Manpower Reporting. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year.

3. Management Plan. The Management Plan shall include mechanisms for monitoring and reporting on internal management controls to the CO/COR. This plan shall address, as a minimum, the contractor's project office autonomy, e.g., show how the contractor plans to provide on-site decision authority and independence from the contractor's corporate headquarters commensurate with project office responsibility. The plan shall also show how the contractor plans to support the on-site office and provide expertise from the contractor's corporate headquarters for the contractor's on-site management, operations, planning, production control, personnel, finances, contract administration, and work performance areas. The plan shall detail methods the contractor intends to employ to ensure changes in mission shall be met. The Management Plan shall address how contractor personnel are trained and kept current on state of the art processes, techniques, and equipment to ensure results can be monitored and achieved.

4. Quality Control Plan. The contractor shall establish and maintain a complete Quality Control Program (QCP) to ensure the requirements of this contract are provided as specified. The contractor's QCP shall address productivity measurement, cost control and work control, including work scheduling, timeliness of actions, workflow, and achievement of established performance standards. The QCP shall address how continuous quality improvement shall be a sustaining focus for the duration of the contract. The program shall also address how the contractor intends to record the results of all corrective actions taken throughout the life of the contract. The program shall be implemented and be in effect prior to start of full operations after phase-in and turnover from the incumbent is complete. The basic tenet of the program is that the contractor is responsible for quality. All methods, procedures, and forms shall support this concept. The contractor's QCP shall emphasize deficiency prevention over deficiency detection.

5. Security Programs. The Physical Security Program, Information Security Program, and Information Systems Security Program shall form the basis of the contractor's Security Program. The contractor shall implement the Security Program at full contract operations start date.

5.1. Physical Security Program. The contractor shall develop and implement a Physical Security Program. This program shall address physical security aspects associated with contract performance. The Physical Security Program shall describe how the contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward contractor controlled facilities and GFP. The Physical Security Program shall also provide for internal safeguards for the security of GFP.

5.2. Information Security Program. The contractor shall develop and implement an Information Security Program for the control of Personally Identifiable Information (PII) or classified information.

5.3. Information Systems Security Program. The contractor shall implement and maintain an Information Systems Security Program for control of all computer security and communications security utilized within the scope of this contract.

5.4. Key Control Program. The contractor shall develop and implement a Key Control Program. The contractor shall implement the program at full contract operations start date. The contractor is entrusted with keys for access and shall prohibit the use of Government keys by any person other than authorized contractor personnel. The contractor shall provide authorized Government personnel access 24 hours a day, seven (7) days a week, including holidays, to all Government-Owned, Contractor-Operated (GOCO) facilities.

6. Safety Program. The Safety Program shall be implemented at contract start date. The Safety Program shall delineate the processes and procedures the contractor shall use to prevent accidents and preserve the life and health of contractor and Government personnel. The contractor's Safety Program shall be implemented for the purpose of preventing accidents and preserving the life and health of contractor personnel and Government personnel involved in performance of the contract or receiving services provided under the contract. The contractor's Safety Program shall fully comply with all applicable Federal OSHA and State workplace safety regulations and directives. In cases where standards conflict, the most stringent requirement shall apply. The contractor shall provide and document initial and quarterly instructions to enable contractor personnel to conduct their work in a safe manner and to recognize and report hazardous conditions. Initial safety instruction shall be conducted as a part of new employee in-processing. Instruction shall include: safe work practices; proper use, care, and maintenance of tools and equipment; and known hazards in work areas. The contractor's Safety Program shall, as a minimum, include provisions for:

6.1. Ensuring employees have access to and wear required protective boots, clothing, and items such as hearing, eye, and face protection. The plan shall specify how the contractor intends to provide protective equipment to employees and identify that articles provided are equal to or better than the minimum specified by the applicable regulations. The plan shall address all items furnished and how these items shall be used IAW 29 CFR 1910, Subpart I: Personal Protection, 29 CFR 1910, Subpart G: Occupational Health and Environmental Control.

6.2. Reporting contractor personnel accidents and injuries to the contractor's Site Management Staff and the Government

6.3. Workman’s compensation requirements

6.4. Maintaining reports and records on accidents, safety inspections, and investigations

6.5. Inspecting and surveying contractor's work areas for potential safety hazards and abatement of identified hazards

6.6. Developing procedures and practices that minimize accident risk

6.7. Submitting to the CO/COR of any contractor internal safety directives, Standard Operating Procedures (SOP)s, and Safety Meeting minutes

7. Contractor Phase-In and Phase-Out Transition. May be required at the TO level to minimize any decreases in productivity and to prevent possible negative impacts on services.

7.1. The outgoing contractor shall allow the incoming contractor to interview for employment the outgoing contractor’s personnel, provided that work interruption time is reasonable.

8. GENERAL INFORMATION

8.1. Scheduling Concerns

Recognized Federal Holidays*

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday. Good Friday is observed by the Service Contract Act but not recognized as a Federal holiday.

8.2. Hours of Operation. The majority of routine are expected to be performed during normal business hours which are 0730 to 1630 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Deployments, mobilizations, or natural disasters may require expanded operating hours. In the event regular service schedules fall on a Federal holiday, services shall be performed on the next work day or as scheduled by CO/COR.

9. Contractor Personnel. All contractor personnel shall abide by all rules, regulations, and guidelines of the applicable installation.

9.1. Contractor Employees. The contractor shall be responsible for the performance and conduct of contractor and sub-contractor personnel at all times. All personnel shall be legal residents of the United States or legally authorized to work in the United States. The contractor shall not employ any foreign citizen who is not lawfully employable in the United States. Personnel absences at any time shall not constitute an excuse for non-performance under this contract.

9.2. Personnel Roster. The contractor shall be required to provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

9.3. Alcohol/ Drug Use/Smoking. The consumption of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. The contractor shall immediately remove any employee who is under the influence of alcohol or illegal drugs. Smoking shall be allowed in designated areas only. Smokers shall follow all rules/procedures/guidelines of the installation.

9.4. The Government will be responsible for the key security system and, as needed, provide keys to the contractor. The contractor shall safeguard and maintain control over assigned keys. The contractor shall return keys to the Site Director and/or Course Supervisor that are not needed or upon contractor personnel termination of work under this contract.

9.5. Personnel roster shall consist of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

9.6. Employee training and experience records shall be maintained for each employee during the period of this contract.

9.7. Common Access Card (CAC)

9.7.1. The Government Contractor CAC card serves as the primary method of identification for the contractor employees, as well as providing the basis of Public Key Infrastructure (PKI) access to the Navy/ Marine Corps Intranet (NMCI), and numerous Navy web sites, which may also require PKI access. Navy Information Assurance (IA) policies require that a background investigation be completed on each contractor prior to granting access to government computer systems. Accordingly, the background investigation requirements specified in section 9-5 are applicable to the issuance of a CAC card. In the event that the investigation has been initiated, but not completed, an Advanced Fingerprint Check must be successfully accomplished prior to the issuance of an interim CAC card. The final CAC cannot be issued until the full investigation has been completed. The Site Director or Course Supervisor will assist in providing the contractor the appropriate documentation for obtaining CAC cards.

9.7.2. Section 6-3.3 Return of CAC cards. In the event that contract employees resign, are dismissed, or laid off, the contractor is responsible for obtaining any Government issued identification cards from the former employee and to turn over those items to the Site Director or designated TA within five (5) days of the termination of employment.

9.8. Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as contractor employees to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

9.9. Appearance. Due to potential interaction with Distinguished Visitors (DV), contractor personnel shall present a neat appearance. Contractor’s identification must be easily recognized. This shall be accomplished by wearing distinctive clothing bearing the name of the company and/or by wearing badges that contain the company name and employee name.

9.10. Contractor Qualifications/Certifications. The contractor shall utilize employees possessing adequate training, skills, knowledge, and certifications to perform the requirements of this contract. All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the contractor's expense. The contractor shall provide a minimum number of journeyman level positions in each trade as needed to accomplish work performed in this contract.

9.11. Employee Training. The Contractor shall give all training required to meet requirements of the PWS unless otherwise specified within the PWS or as otherwise approved by the CO. The contractor shall maintain training and experience records for each employee during the period of this contract that reflect sufficient personnel are qualified to accomplish all tasks required by this contract and provide status of employee training upon Government request.

9.12. English Language. Employees who deal directly with customers will be required to effectively communicate with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

9.13. Instructors shall maintain professional currency within their field of expertise. The contractor shall ensure that all instructor personnel are ready to teach the content assigned to them and can pass any tests associated with that content consistent with the standards of the contractor’s internal quality assurance plan. All instructors must be familiar with all presentation, delivery method, testing and remediation procedures, curriculum, training aids, devices, electronic podiums, and equipment operation and maintenance procedures associated with the course or section of the course they will instruct. In all cases, the Instructor Evaluation and Certification Process shall be completed prior to the instructor teaching students.

9.13.1. Urinalysis Screening may be required by positions under the TO’s as delineated by DoD Directive 1010.9 (DoD Civilian Employees Drug Abuse Testing Program.

9.14. Maintenance of Drug Free Environment. In order to ensure a safe training environment, the Government requires that contract instructors remain drug-free at all times. Therefore, the contractor is responsible for establishing internal procedures as needed to provide this assurance. The contractor is responsible for informing the Site Director when a contract instructor has been prescribed medications or controlled substances. This notification shall include the potential consequences of the medication and the anticipated duration of treatment. Over the counter medications which adversely affect the focus of attention, or present any other potential safety hazard must also be reported. If appropriate, the Site Director may relieve that instructor from any High Risk training evolutions until such time as a medical official certifies the individual as fit for duty as outlined in BUMEDINST 6120.20B (Competence for Duty Examinations, Evaluations of Sobriety, and Other Bodily Views and Intrusions by Medical Personnel) .

9.15. Alcohol Policy. Navy policy prohibits the consumption of alcohol by instructor personnel 12 hours prior to training delivery as directed per OPNAVINST 3591.1F. The Government reserves the right to require the contractor to relieve an instructor from his/her duties in the event that they appear to be in violation of this policy.

9.16. Labor Disruptions. The Government reserves the right to take over performance of this contract in the event of a labor strike, bankruptcy, default or period of non-performance by the contractor’s employees. In such events, the services will be performed exclusively by Government personnel and not a mix of Government and non-striking contractor employees. At the direction of the CO, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with Government performance. The contractor further agrees, under such circumstances, to permit the Government to use any essential contractor-furnished property. The Government will not compensate the contractor for performance during this period.

9.17. Use of Government Employees. The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

9.18. Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of the Navy or Department of Navy employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

9.19. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

9.20. Organizational Conflict of Interest (OCI)/Personal Conflict of Interest (PCI). 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, etc.) or perform evaluation services which may create a current or subsequent OCI/PCI as defined in FAR Part 9.5. In the case of any potential OCI or PCI, the contractor shall immediately notify the CO and consult FAR Part 9.5 for more information.

10. Security Requirements. The contractor shall abide by installation security requirements.

10.1. Computer Security (COMPUSEC). The Government will provide limited access to the existing Local Area Network (LAN) to include email capability. The contractor shall not use the LAN for purposes other than for work required under this contract. All contractors shall receive documented Information Assurance (IA) training prior to receiving access to the LAN. Authorized users will receive initial IA orientation and annual (every 12 months) awareness training to ensure they know, understand, and apply the IA requirements of USSOCOM. The minimum orientation and awareness requirements for users are outlined in DoD 8570.01-M. IA Program. The contractor shall comply with the established C4 Systems IA program to integrate security education, training, and awareness covering the COMSEC, COMPUSEC, and Emissions Security (EMSEC) disciplines.

10.2. Physical Security. The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

11. Continuation of Essential DoD Contractor Services During Crisis. Services under a TO may be designated as essential services for performance during crisis IAW DFARs 252.237-7023, “Continuation of Essential Functions”. Accordingly, the contractor shall prepare a plan for performing these services in accordance with DFARs 252.237-7023 if required at the TO level.

11.1. Within 30 days after award of an applicable TO, the contractor shall provide a written list of all “Mission Essential Contractor Personnel” to the CO or designee. The list shall identify names and country(ies) where each employee will perform work under this contract. The contractor shall develop contingency plans for tasks designated as essential no later than 30 days after the start of the contract to provide reasonable assurance of continuation of services during crisis conditions.

12. Military Personnel. The Government retains the option to assign military representatives at all contracted sites as deemed necessary for reasons, such as, to receive training, to assist in contingency efforts at site, or to evaluate site performance (not inclusive). The presence of military personnel shall in no way diminish the contractor’s responsibility to provide the services specified in this PWS.

13. Quality Control. The contractor shall develop and maintain an effective quality control plan (QCP) to ensure services are performed IAW this PWS, applicable laws and regulations and IAW best commercial practices. The QCP shall be submitted to the CO no later than 30 days after date of initial TO award. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services with special emphasis placed on those services listed in Section 2 of this PWS.

13.1. Performance Measurement. The contractor's QCP shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide methods for evaluation of the selected characteristics. The QCP shall contain process control and process performance measurement procedures to include how the contractor plans to effect preventive actions and corrective actions, as opposed to reliance on Government or customer identification of deficiencies prior to resolving the problem.

13.2. Customer Feedback. The QCP shall contain a customer comments processing and feedback system for identification and correction of validated complaints and to provide feedback to the CO and to the customer of corrective action(s) taken. The QCP shall describe how customers or other interested parties may identify problem areas or situations and what processes shall be used to resolve or remedy the situation. The QCP shall address the compatibility of the customer comment program with the reporting and communications systems of the QCP. The QCP shall also address how the method for customer comment chosen by the contractor is to be easily accessed by the CO/COR.

13.3. Inspection System. The contractor's QCP shall establish an inspection system covering all services required under this contract. The QCP shall specify areas to be inspected on both a recurring or unscheduled basis and the title of the individual who will do the inspection. It shall contain specific Quality Control (QC) techniques for contract services identified in the PWS. The QC methods shall be comprehensive and adaptable to the reporting systems of the QCP. The contractor’s QCP shall address documentation of all contractor QC, process control, process measurement and output indicator checks, contract QC inspections and corrective actions taken by the contractor.

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

14. Contracting Officer Representative (COR). The COR will be appointed by the CO and identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

15. Contractor Furnished Property and Services. Except for those items or services specifically stated to be Government-furnished in Section III and any appendixes, the contractor shall furnish everything required to perform this contract IAW all of its terms. All CFP shall be marked clearly and permanently with the contractor's name or company logo for ready identification. Contractor vehicles shall be clearly identified with the contractor’s name, telephone number, and the vehicle identification number on both sides. The contractor shall be responsible for ensuring that all contractor owned vehicles are properly licensed and registered IAW state, local and installation regulations. Facilities required by the contractor to supplement those provided as Government furnished shall be obtained at the contractor’s expense. The contractor shall not place, construct, or otherwise provide additional facilities on the Installation without prior written CO approval.

16. Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. 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.

17. Environmental Protection. The contractor shall comply with all applicable Federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

18. Failure to Insist On Compliance. The failure of Government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of Government's right to the future performance of any such terms, covenants or conditions and the contractor's obligations in respect to such future performance shall continue in full force and effect.

19. Past Performance Information (PPI) / Contractor Performance Assessment Report (CPARS). The Government will formally assess and report on the contractor’s performance annually. CPARS assesses a contractor’s performance, both positive and negative, and provides a record on a given contract during a specified period of time. The contractor will be provided a copy of their annual assessment at the end of each performance period. The contractor shall have 30 days to review and submit comments for the evaluation activity’s consideration before the assessment is made final. Past Performance assessment reports will be protected by all parties and treated by Government personnel as “For Official Use Only/Source Selection Information in accordance with FAR 2.101 and 3.104”.

20. Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the Government.

21. Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

22. Subcontracting. The contractor shall ensure that any subcontractor providing services on behalf of the contractor has been approved by the CO prior to any such performance. The subcontractor shall not have a negative performance history or be suspended or otherwise prohibited from doing business with the Government.

23. Insurance. IAW FAR 52.228-5, the Contractor shall, at its own expense, obtain and maintain insurance during the entire performance of this contract, at least the kinds and minimum amounts of insurance required by FAR part 28.3 . Before commencing work the contractor shall notify the CO in writing that the required insurance has been obtained.

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