Attachment_1_Performance_Work_Statement_(PWS).docx

1. INTRODUCTION

0. Background The Defense Legal Service Agency Office of Military Commissions (DLSA/ OMC) is responsible for conducting enemy combatant trials at U.S. Naval Station Guantanamo Bay, Cuba. As a result, OMC requires contractor support for all phases of the courtroom technical operations to include official and unofficial transcription, auxiliary location support, and current and future localized Closed Circuit Television (CCTV) infrastructure support. This support includes, but is not limited to conception, design, engineering, installation and transmission services, quality service checks, and routine maintenance.

0. Scope OMC requires qualified courtroom technician staff and expert consulting services to operate, maintain, and make possible upgrades to the courtroom technology installed at the OMC courtrooms at U.S. Naval Station Guantanamo Bay, Cuba, and possibly other future Continental United States (CONUS) locations. OMC requires Contractor support that can readily and rapidly accommodate the Government requests for services or alterations to the courtroom systems, in addition to keep OMC abreast on new and emerging courtroom technologies and provide advice, engineering services, and installation of equipment to implement such changes.

The Contractor shall provide non-personal services in the form of personnel, equipment, tools, materials, supervision, and other items necessary to perform research, review and analysis as defined in this Performance Work Statement (PWS). The Contractor shall coordinate all activities here/in this PWS with the Contracting Officer’s Representative (COR) and Project Manager (PM).

The Contractor is responsible for the programming of all of the courtroom technology. This includes, but is not limited to Crestron or other control panels, and any BIAMP or other audio changes to the system needed for acoustic adjustments. All programming codes, in addition to designs, equipment, and drawings, will be turned over to the Government and become property of OMC. Programming will be provided onsite at the courtroom locations, whether in Guantanamo Bay, Cuba or other future CONUS locations and supplemented, as necessary by the Audio/Video Operator/Installers onsite or remotely by the Contractor.

The Contractor may recommend and purchase, at the approval of the COR, equipment to ensure adequate maintenance and operability of all courtroom technology and CCTV receive sites located on Guantanamo Bay. All equipment purchased by the contractor either in operational or backup status, once configured and tested, is immediately considered Government Furnished Equipment (GFE) and must be accounted for.

The Contractor shall provide two (2) full-time Audio/Video Operator/Installers onsite at U.S. Naval Station Guantanamo Bay, Cuba for the duration of the contract. During simultaneous commissions proceedings the Contractor may be required to provide under Surge Support Services CLIN, up to four (4) additional Audio/Video Operator/Installers and a Broadcast Audio/Video Engineer at U.S. Naval Station Guantanamo Bay, Cuba. Additionally, the Contractor shall provide, under Surge Support Services CLIN, Remote Help Desk support personnel to support all aspects of OMC’s courtroom operational mission. Personnel assigned to work at Guantanamo Bay shall have and maintain an active Top Secret Sensitive Compartmented Information (TS/SCI) clearance to operate independently in the TS/SCI Sensitive Compartmented Information Facility (SCIF) courtroom.

1. TASKS

1. TASK 1 –The contractor shall provide daily operational and maintenance support in the courtroom.

1. TASK 2 – The contractor shall provide technology assistance to the Judge and assist the court reporters/stenographers with audio/video issues during court-sessions.

1. TASK 3 – The contractor shall conduct the programming of all courtroom technology.

1. APPLICABLE REGULATIONS

Performance shall comply with DoD Instruction 5025.01 (series), DoD Instruction 5220.22 (series), DoD Directive 8100.04 (series), DoD Directive 8500.2 (series), DoD Directive 8510.01 (series), and CJCSI- 6510.01(series). http://www.dtic.mil/whs/directives/corres/dir.html. The aforementioned directives may be subject to regulatory or policy changes as appropriate for existing and future systems.

1. KEY PERSONNEL

4.1 Audio/Video Operator and Installer (Permanent Support Services):

The Contractor shall provide two (2) full-time Audio/Video Operator and Installers onsite at U.S. Naval Station Guantanamo Bay, Cuba for the duration of the contract. Audio/Video Operator and Installers shall provide setup assistance to trial counsel, trial judiciary, and other technical staff during court sessions, in addition to providing direct assistance to the Judge in the area of technology assistance and assist court reporters/stenographers in audio/video issues that arise during court sessions. The Audio/Video Operator and Installers shall provide troubleshooting support in the absence of the Broadcast Audio/Video Engineer; therefore, the Audio/Video Operator and Installers shall understand the technical issues and language necessary to provide effective customer support.

The Contractor shall be responsible for routing and maintaining courtroom and information technology signal support to include the servicing, installation, uninstallation and termination of copper (RG6, RG58, RG59, cat5e) and fiber (Single mode internal/external, multimode internal/external) cables and connectors. The support will include all equipment required to facilitate the transmission of the hearings/trials and press briefings signal to include switching equipment, transmission and receiving equipment, signal conversion equipment (i.e. media converters), microphone equipment, camera equipment, translation equipment, video teleconferencing equipment, and computer systems. The contractor shall be responsible for all CCTV signal support to OMC locations at U.S. Naval Station Guantanamo Bay, Cuba. This will include CCTV support to the satellite rack communication room.

The Audio/Video Operator and Installer shall be tasked with providing critical advice to the Broadcast Audio/Visual Engineer, OMC PM, and courtroom technology staff while implementing changes and installation(s) on all approved modifications from OMC. The contractor shall have technical expertise to repair computer systems that run the For The Record (FTR) software and when requested by the PM or COR, provide a plan on how to improve the FTR computer system and any other systems used in the court room environment (i.e. image capture software, Diamante transcription machines, and ability to network FTR systems). The Contractor shall provide Audio/Video Operator and Installers with the following minimum qualifications:

1. Five (5) years of experience in audio/video operation and installation.

1. Five (5) years of experience utilizing audio/video hardware and systems in a U.S. Federal, military, or state court.

(c) Three (3) years of experience working with the following vendors’ equipment:

· Crestron

· Biamp

· Extron

· Tandberg

· Kramer

In the event of simultaneous proceedings, the Contractor shall provide, under Surge Support Services CLIN, up to four (4) additional Audio/Video Operator and Installers on a temporary basis for up to eight (8) consecutive weeks. OMC will make every effort to provide the Contractor fourteen (14) days advance notice of upcoming commissions proceedings.

4.2 Broadcast Audio/Video Engineer (Surge Support Services):

On an as needed basis, the Contractor shall provide highly qualified broadcast and satellite engineers capable of integrating multi-platform networking and system capabilities critical to the insurance of courtroom and courtroom broadcasting mission success. Broadcast Audio/Video Engineers shall be required to develop the best possible technical and engineering design capable of addressing audio, data and video communications systems issues and/or concerns, review designs, plans and reports; assess the impact of recommended changes on systems development; and performance. Broadcast Audio/Video Engineer shall possess a thorough knowledge of the existing courtroom and CCTV system(s) operational components and infrastructure.

Additionally, the Broadcast Audio/Video Engineer shall be capable of providing system engineering, components and subsystems; and ensure the interoperability of proposed systems to existing systems, which includes the development of test plans for, and perform review and test of, software and hardware residing in various communications systems. The specific position of the Broadcast Audio/Video Engineer will provide emergency assistance to the courtroom operators during court sessions, either in person or via phone support. The onsite support sessions will be determined by the OMC PM and the COR in conjunction with the contractor prior to any possible court session. The Broadcast Audio/Video Engineer will provide immediate attention to problems the court technicians are unable to resolve within one (1) hour.

The Broadcast Audio/Video Engineer shall provide training to the Government courtroom staff when requested. This training will include any new features/equipment to the current or future courtroom technology. The Contractor shall provide Broadcast Audio/Video Engineer with the following minimum qualifications:

1. Five (5) years of experience Broadcast Audio/Video Engineer in implementing commercial audio/video hardware.

1. Five (5) years of experience in implementing commercial audio/video hardware and systems in a U.S. Federal, military, or state court.

1. Three (3) years of experience working with the following vendors’ equipment:

· Crestron

· Biamp

· Extron

· Kramer

· Tandberg

4.3 Remote Help Desk Support:

Remote Help Desk Support is defined as direct support through various avenues to include, but not limited to phone support or web-based support. Remote Help Desk Support will also include direct original equipment manufacturer (OEM) support obtained through service support contracts for Extron, Meridian, Crestron, BI-AMP, Doremi, and any other existing courtroom and related systems equipment.

4.4 Surge Support Services:

Surge Support Services is defined as support services detailed in the Performance Work Statement section 4.2 (Broadcast Audio/Video Engineer), F.5 (Surge) and additional support services provided in sections 4.1 (Audio/Video Operator and Installer) and 4-3 (Remote Help Desk Support). The contractor must have prior approval in writing from the Contracting Officer or Contracting Officer’s Representative (COR).

4.5 Overtime - is defined as courtroom technology support services provided in excess of a 40 hour workweek.

1. DELIVERABLES

Deliverables shall be submitted to the COR designated in the COR Appointment letter. All deliverables shall be submitted using Microsoft Office suite of tools (for example, MS Word, MS Excel, MS PowerPoint), or Adobe PDF format, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

The COR has the right to reject or require correction of any deficiencies found in the deliverables. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection.

The following table specifies the deliverables for this requirement:

1. PERFORMANCE REQUIREMENTS SUMMARY

Provide support personnel to meet PWS requirements

The Contractor's work products are suitable to support the full range of analysis as specified in the PWS.

COR/OMC PM review

Hours of Work/Workload Management

The contractor shall ensure that sufficient staff is available on-site at all times during the designated working hours to support the requirements specified in the PWS.

The contractor shall ensure its personnel accomplish the assigned tasks within agreed upon schedules, and at an acceptable level of quality.

Services and Deliverables

Deliverables are factual, well-written, 99% free of grammatical errors or misspellings, and free from political conclusions drawn by the analyst or any judgment of individual journalists. Writing meets college Baccalaureate degree standards for English grammar, spelling, and composition.

Deliverables are accomplished by the due date/time specified in Sections 5 of the PWS.

Random review of work products by the COR no less than once a month and feedback from appropriate Government sources.

F.1 Recognized Holidays: The following Government holidays are normally observed by Government personnel and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc.) Presidential funerals or any other unexpected government closures.

Thanksgiving Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S. Government Agencies.

When the Government grants administrative leave or early dismissal to Government personnel, or is closed as a result of inclement weather, potentially hazardous conditions, or other special circumstances, Contractor personnel may be granted administrative leave or early dismissal at the discretion of the On-site Manager provided that contract performance is not adversely impacted. Contractor is not required to perform service on holidays.

Occasionally, the Contractor may be required to perform and/or provide services outside the normal hours of duty. These occasions will be infrequent and require services be performed after normal working hours in the evening and/or weekends (Saturday and Sunday). The COR and the contractor will mutually agree upon any/all deviations to the schedule.

The amounts in schedule of the contract include an allowance for holidays to be observed. The Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday.

F.2 Hours of Operation: Normal workdays and business hours are Monday through Friday between 8am to 5pm, but may include weekends and Federal holidays, except when the Government facility is closed. Based on the needs of OMC, contractor employees may be required to work shifts. The contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this performance work statement; therefore, the contractor shall keep in mind that the stability and continuity of the work force are essential.

F.3 Place of Performance: The contractor will perform work at government facilities, includes government leased facilities, located in the Continental United States (CONUS) and Outside the Continental United States (OCONUS). The following are examples of frequently used locations may be:

1. National Capital Region;

1. U.S. Naval Station Guantanamo Bay, Cuba; and/or

1. Possible future CONUS locations

F.4 Period of Performance The period of performance for this requirement is as follows:

F.5. Surge

1. Surge support for additional courtroom technician support labor to include Audio/Video Operator and Installer, Broadcast Audio/Video Engineer and Remote Help Desk in accordance with sections 4.1, 4.2 and 4.3 of the PWS. The contractor must have prior approval in writing from the COR.

1. The Contractor shall assure:

1. The Contractor personnel must obtain and maintain a Common Access Card (CAC) to access to all Information Technology (IT) systems prior to conducting work on this contract. Contractor personnel must also read and familiarize themselves with all organizational mission statements and charters, organizational structures, operating instructions, Standard Operating Procedures (SOP) and policy.

1. The contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this performance work statement; therefore, the contractor shall keep in mind that the stability and continuity of the work force are essential.

POINTS OF CONTACT

1. This contract will be procured by:

Contracting Officer Washington Headquarters Services Acquisition Directorate 1225 South Clark Street, Suite 910 Arlington, VA 22202

1. This contract will be administered by:

Contracting Specialist/Contracting Officer Washington Headquarters Services Acquisition Directorate 1225 South Clark Street, Suite 910 Arlington, VA 22202 Phone: 703-545-1632; Email: wanda.j.wright1.civ@mail.mil

SPECIAL CONTRACT REQUIREMENTS

H.1 IDENTIFICATION OF EMPLOYEES

All Contractor 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 such to avoid creating an impression that they are Government officials. All documents or reports produced by the Contractor shall be marked as contractor products or otherwise indicate that contractor participation is disclosed.

H.2 LOCAL INSURANCE

1. In accordance with the contract clause entitled “Insurance-Work on a Government Installation,” FAR 52.228-5, the Contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Bodily injury or death

Property Damage $20,000 per occurrence

Worker’s Compensation and Employer’s Liability $100,000 per person*

*Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so co-mingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

1. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

1. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(End of Clause)

H.3 DOD BUILDING PASS ISSUANCE

1. All personnel employed by a civilian commercial firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DOD) Building Pass/Access Card.

1. The Contractor shall be responsible for having each employee requiring a Temporary DoD Building Pass/Access Card prepare the necessary applications, advising personnel of their obligations, filing the applications with the Contracting Officer, maintaining personnel files and re-filing application for personnel in the event that clearances must later be extended. Personnel requiring a Temporary DoD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

1. The Government will issue DoD building passes to eligible persons upon the completion of a National Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies. Processing of completed applications for initial pass issuance or renewal of existing passes will require three to five working days.

(End of Clause)

H.4 QUALITY CONTROL PLAN

The Contractor shall prepare and adhere to a Quality Control Plan (QCP). The QCP shall document how the Contractor will meet and comply with the quality standards specified in the PWS. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this PWS.

H.5 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

Basic facilities such as work space and its associated operating requirements (i.e., phones, desks, utilities, information technology, and consumable and general purpose office supplies) will be provided while working in Government facilities. Additionally, the tasks in this PWS require a physical presence in order to ensure successful performance. The Government will provide information, material and forms unique to the Government for supporting the task. All Government unique information related to this requirement, which is necessary for Contractor performance, will be made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.

The Contractor shall provide purchase of courtroom technology equipment and software that will be used to support the courtroom technology and CCTV infrastructure. This would include but not limited to hardware (fiber cards, monitors, audio and video servers, hard drives, network cards, network switches, and cabling/termination). The software/hardware shall be purchased and will become the property of the government. The Contractor shall be responsible for providing a mechanism or procedure for transferring these items into and out of the custody as the requirement is deployed and maintained. This mechanism or procedure must be first approved by the government.

H.6 SECURITY REQUIREMENTS (CLASSIFIED CONTRACTS)

1. Security Classification Guidance All Security Classification Guidance is provided on DD Form 254, Department of Defense Contract Security Classification Specification (hereafter referred to as the DD Form 254). Any changes or additional security classification guidance shall be provided to the Contractor in writing, through updates and modifications to the DD Form 254. At no time will the Government issue classification guidance in any other form (verbal, e-mail, etc.).

The contractor must have an active facilities clearance at the Top Secret (TS) level. Overarching security requirements and Contractor access to classified information is specified in the basic DD Form 254. All contractor personnel must possess and maintain an active Top Secret Sensitive Compartmented Information (TS/SCI) security clearance.

1. Facility Security Clearance (FCL)

1. The request shall be submitted at the level (Confidential, Secret, Top Secret) identified in block 1 a, and if classified storage is required, block b of the DD Form 254. It is the responsibility of the Contractor to coordinate with Defense Security Services (DSS) to ensure that the FCL (interim is acceptable) is in place not later than 30 days after award, with verification in writing to the Contracting Officer or Contracting Officer’s Representative (COR).

1. The Contractor’s Facility Security Officer (FSO) shall report, in writing, to the Contracting Officer any changes in the Contractor’s security status throughout the contract period of performance.

1. Personnel Security Clearance (PCL)

1. Contractor employees assigned to this project require a PCL at the level (Confidential, Secret or Top Secret) identified in block 1.a of the DD Form 254. Prior to assignment of Contractor employees to this project, the Contractor’s FSO shall submit PCL validation through use of a Visit Authorization Request (VAR) for each employee, in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) to the designated security representative.

1. Changes in PCL status of Contractor employees shall be forwarded in writing to the Contracting Officer and the designated security representative.

1. Sub-Contractors Subcontractors shall comply with the same security requirements as the Contractor. The Contractor shall issue DD Form 254s to each subcontractor reflecting the same security requirements applicable to the prime contract. The contractor shall also sponsor subcontractor(s) for an FCL and associated PCL(s) required in accordance with the DD Form 254.

Clause usage: All WHS contracts when performance will be on the Pentagon Reservation or other DoD facilities. Check paragraph 4 only when a Pentagon badge is not required for contract performance.

H.7 SECTION 508 REGULATORY REQUIREMENTS

Not Applicable to this task.

H.8 DOCUMENTATION

Programming, documents, data files, reports, correspondence, and all other documents and writings, together with any charts, graphs, tables, illustrations, photographs, images, and other illustrative, explanatory, historical documents related thereto or independent thereof, regardless of the medium (or media) by which they were produced, preserved, stored, or created in connection with or for purpose(s) of work performed under this PWS and contract, are property of the Government and shall be delivered to the COR promptly, upon request.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which is not considered public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for purposes and to the extent authorized herein. The Contractor shall not release any information related to this contract to the public, media or other unauthorized persons or organizations unless the government has conducted the appropriate security review and granted written approval (e.g. posting information to a public website).

H.8.1 Monthly Report:

The Contractor shall provide a status report which shall include the following: (1) status of the order; (2) discussion of activities that map back to the tasks and deliverables identified in the task order, including a summary of briefings, conducted training meetings, or visits and accomplishments during the reporting period; (3) milestones achieved; (4) purchased equipment; (5) anticipated activity for the next reporting period; (6) problems encountered or anticipated; (7) financial information, including the amount of award by Contract Line Item Number (CLIN), invoiced costs for period submitted, amount invoiced to date, amount remaining, and % remaining. The contractor shall provide all data deliverables in a hard copy format, in English, with an editable electronic version. Electronic versions will be provided in standard Microsoft formats (MS Word, MS Excel, MS PowerPoint, Etc.) on a CD-ROM or DVD.

H.8.2 Programming Codes:

The Contractor shall provide all programming codes, in addition to designs and drawings to the COR/Government Project Manager

H.8.3 Operator Status Report:

Provide a report listing duties performed, including time, issues, and operational status.

H.8.4 Final Report:

The contractor shall provide all data deliverables in a hard copy format, in English, with an editable electronic version. Electronic versions will be provided in standard Microsoft formats (MS Word, MS Excel, MS PowerPoint, Etc.) on a CD-ROM or DVD.

H.9 CONTRACT 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 data shall be reported on a task order level. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The Contractor shall completely fill in all required data fields. The Contractor shall enter initial data into the appropriate ECMRA tool to establish the basic contract record no later than fifteen (15) business days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the Contracting Officer when the basic contract record has been established in the appropriate ECMRA tool. Contractors may direct technical questions to the help desk at: http://www.ecrma.mil.

H.10 TRAVEL

Travel outside the National Capital Region (NCR) may be required. All travel within 100 miles of the NCR is included in the price of this contract. When movement of contractor personnel is required locally (i.e., Metro) costs will be borne by the contractor. The Government will reimburse the Contractor for all other travel outside the 100 mile limitation that was authorized in advance by the Contracting Officer or Contracting Officer’s Representative, for reasonable travel related expenses.

Surge support personnel are required to travel under this contract to U.S. Naval Station Guantanamo Bay (GTMO), Cuba for periods up to 120 days. Contractors shall have a valid Government passport and all travel requires prior approval by the Contracting Officer’s Representative and must be in accordance with the Joint Travel Federal Regulation (JTFR) and Joint Travel Regulations (JTR).

If travel is to U.S. Naval Station Guantanamo Bay, Cuba, contractors are required to stay in Government-furnished housing which will consist of a Cuzco trailer or tent. In the event Government housing is unavailable, with the COR's approval, contractors may be authorized to stay at Navy transient housing. Contractors will not be reimbursed for the cost of transient housing not previously approved by the COR.

Contractors permanently assigned to GTMO are authorized leased housing. The Contractor is responsible for providing housing through the Housing Service Center (HSC). The HSC website can be accessed at the following website: http://www.cnic.navy.mil/regions/cnrse/installations/ns_guantanamo_bay/ffr/housing_and_lodging/housing-quick-reference.html .

The Government will reimburse the contractor’s leased housing, in addition to the shipment of household goods to and from GTMO, with prior approval from the COR. In the event the contractor resides in GTMO for a period of less than one (1) year, the return shipment costs of their household goods will be borne by the contractor, unless the contract is terminated early by the Government.

In accordance with the Joint Travel Regulation and the Federal Acquisition Regulation, the contracting agency must engage and work with the Contracting Officer to register in the Synchronized Pre-deployment and Operational Tracker (SPOT) to provide "Letters of Authorization" to their respective contractors to facilitate the travel and reimbursement of any and all OCONUS travel. Training and registration for SPOT can be accessed at https://spot.dmdc.mil/privacy.aspx.

H.11 TRANSITION

The Contractor shall follow its transition plan submitted as part of their proposal and keep the Government fully informed of status throughout the transition period. Throughout the phase-in/phase-out periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission. The Contractor must plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-in/phase-out periods.

0. Phase-in The Contractor shall submit a detailed phase-in plan to include start-up activities that may be required to transition to full operational capability upon conclusion of the transition period.

The Contractor shall:

1. Provide a detailed transition methodology in logical sequence to ensure a smooth transition of all tasks/subtasks of the contract without interruption or degradation of service levels;

1. Provide a timeline for completion; and

1. Identify associated risks and issues and risk mitigation strategies.

0. Phase-out The Contractor shall provide a phase-out plan no later than sixty (60) days prior to expiration of this contract. The Contractor shall maintain complete documentation that is totally assessable to the designated Government representatives via a web portal or some other portal as the Government directs. The Contractor shall overlap with incoming Contractor during transition for a nominal period of thirty (30) days and will work with Government personnel and the incoming contractor to transfer knowledge, information and documentation for all projects and tasks related to this contract. The type of information and documentation to be transferred includes but is not limited to:

1. Programming codes

1. Designs

1. Drawings

1. Prints

1. Reports Note: All automated data files in the possession of the contractor are the property of the Government and shall be turned over to the KO or the COR at the completion or termination of the contract. Additionally, all records related to the execution of the current contract shall be returned to the Government as electronic copies that are readable and accessible by the Government.

H.12 ORGANIZATIONAL CONFLICT OF INTEREST:

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 Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer 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.

All contractor employees who perform on this contract and are subject to organizational Conflict Of Interest (OCI) restrictions shall execute and sign a Non-Disclosure Agreement (NDA) provided as an attachment to this contract. A signed copy of this statement shall be provided to the Contracting Officer and to the COR.

H.13 DISCLOSURE AND AVOIDANCE OF INHERENTLY GOVERNMENTAL FUNCTIONS

The contractor shall not perform or give the appearance of performing inherently governmental functions as described in FAR Part 2 and Subpart 7.5, and applicable DoD policy. None of the services to be performed are inherently governmental functions. All contractor personnel shall identify themselves as Contractor Support in all forms of communication during the performance of their duties under this Agreement. In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Government, but rather shall identify themselves as being under contract to Government. The contractor shall:

H.13.1. Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contracted support.

H.13.2. Include a title block in all emails that states the fact that the person is contracted support.

H.13.3. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the Government understands that the person is contracted support.

H.14 SPECIAL REQUIREMENTS FOR SERVICE CONTRACTS

1. Inherently Governmental Functions - No inherently government functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

1. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

H.15 CONTRACTOR PERSONNEL, DISCIPLINES, AND SPECIALTIES

An integral part of successful performance under this contract is not only the production of quality products described in Section 2.0, but the responsiveness of contractor personnel in the day-to-day output of work products. While the end product or deliverable is vital to successful performance, day-to-day oversight also includes client interaction and responsiveness. Accordingly, the contractor is required to proactively maintain assigned tasks, and be responsive to all entities with professional business dealings related to the assigned tasks.

The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The work to be performed herein is considered bona fide professional labor and is exempt from the Fair Labor Standards Act (FLSA).

H.16 CONTRACT MANAGEMENT

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to this requirement. The contractor must maintain continuity between the support operations at OMC contractor's corporate offices.

The contractor shall establish processes and assign appropriate resources to effectively administer this contract. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact (the Contracting Officer’s Representative (COR)) between the Government and Contractor personnel assigned to support this contract. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on this requirement.

H.17 SUBCONTRACT MANAGEMENT

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Contracting Officer or Contracting Officer’s Representative (COR).