PWS - USAISR Tech Transfer Support.docx

PERFORMANCE WORK STATEMENT (PWS)

Title: Technology Transfer Support Services for USAISR Office of Research and Technology Applications

Agency/Activity: U.S. Army Institute of Surgical Research (USAISR)

1.0 INTRODUCTION

1.1 Background

The USAISR Office of Research and Technology Applications (ORTA) is responsible for Technology Transfer involving a broad range of technologies within the U.S. Army Medical Research and Development Command (USAMRDC) and the Defense Health Agency (DHA). These technologies reflect the breadth of the military medical mission, which includes medical research, development, and acquisition. The ORTA negotiates all license agreements, Cooperative Research and Development Agreements (CRADAs) and attendant agreements. The ORTA also conducts all patent licensing for the USAISR in coordination with the USAMRDC and DHA. Additionally, the ORTA conducts Technology Transfer analysis and agreement formation support functions.

Technology transfer (T2) activities are an integral element of the Department of Defense (DoD) national security mission and are to be given a high-priority role in all DoD acquisition programs per DoD Instruction 5535.8 and DoD Directive 5535.3. Through effective use of T2 agreements, technological advancements can be fielded at a cost savings to the government and often faster than conventional procurement means by leveraging the value of the government’s Intellectual Property (IP). The U.S. industrial base, and by extension the U.S. economy, also benefit from these T2 collaborations given the access to valuable IP and other government resources made available to industry through such collaborations. The economic catalyst of T2 was the topic of a 2011 Presidential Memorandum challenging federal agencies to improve T2 programs to spur economic development in the United States while advancing agency missions.

Marketing is a critical function of the USAISR ORTA’s T2 activities. Marketing includes a broad range of activities that disseminate information on DHA and USAMRDC biomedical research programs. Opportunities to license federally owned inventions and to engage in research collaborations are marketed to prospective business partners. Invention abstracts are written and disseminated via multiple media outlets to attract such partners. USAISR success stories are written and published in the popular press. USAISR inventors are recognized with award nominations in the federal technology transfer and science arenas. Marketing opens technology to further development by the private sector, which is the primary means for Army biomedical technologies and inventions to be fully developed into commercial products.

Finally, the license agreements, CRADAs, and attendant agreements establish partnerships that enable the development of commercial products by the private sector from early-stage inventions. The sale of such products provides revenue back to the inventing laboratory. Developing and maintaining these agreements by the USAISR/ORTA requires a broad range of specialized skills to include budget management and license agreement compliance.

1.2 Objective

The USAISR ORTA develops technology transfer agreements to enable new medical products to be developed for the warfighter and provides research proposal support to USAISR scientists which enables advancement of military medical technologies. ORTA offices are mandated at each Federal laboratory with 200 or more technical staff to facilitate technology transfer by the Stevenson-Wydler Technology Innovation Act of 1980 (Pub. L. No. 96-480), that recognizes “many new discoveries and advances in science occur in universities and federal laboratories” and encourages “cooperation among academia, federal laboratories, labor, and industry” through such mechanisms as “technology transfer, personnel exchange, joint research projects, and others” (Pub. L. No. 96-480). The Contractor should be capable of working independently, must be able to balance legal and business considerations, USAISR mission, and government regulations and policies regarding technology transfer.

The overall objective of this effort is to provide the USAISR ORTA with services in support of its mission. The major task area for which the Contractor shall provide support to the ORTA is Technology Transfer and Research Management Support.

1.3 Organizational Conflict of Interest (OCI): Federal Acquisition Register (FAR) subpart 9.5 prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving Organizational Conflict of Interest (OCI), provides examples to assist Contracting Officers in applying these rules and procedures to individual contracting situations; and implements section 8141 of the 1989 Department of Defense Appropriation Act. The two (2) underlying principles which the FAR seeks to avoid are preventing the existence of conflicting roles that might bias a Contractor's judgment and preventing unfair competitive advantage. An unfair competitive advantage exists where a Contractor competing for award of any Federal contract possesses --

(1) Proprietary information that was obtained from a government official without proper authorization; or

(2) Source selection information (as defined in FAR 2.101) that is relevant to the contract but is not available to all competitors, and such information would assist that Contractor in obtaining the contract.

The following subsections prescribe certain limitations on contracting as the means of avoiding, neutralizing, or mitigating organizational conflicts of interest.

It is the Contractor’s responsibility to notify the Contracting Officer (KO) of any potential OCI. If an OCI exists the Contractor shall propose a Mitigation Plan that shall be reviewed and accepted by the Contracting Officer prior to continuance of the work that presents an OCI. Should the proposed Mitigation Plan not be accepted by the Contracting Officer, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by the law or this contract.

If, under this contract, the Contractor will provide systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly, checkout or production, the Contractor shall not be awarded a subsequent contract to supply the system or any of its major components, or to act as consultant to a supplier of any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and technical direction. The term of this prohibition shall endure for the entire period of this contract and for two (2) years thereafter.

If, under this contract, the Contractor will prepare and furnish complete specifications covering non-developmental items, to be used in a competitive acquisition, the Contractor shall not be permitted to furnish these items, either as a prime or subcontractor. The term of this prohibition shall endure for the entire period of this contract performance and for either two (2) years thereafter or the duration of the initial production contract whichever is longer. This rule shall not apply to Contractors who furnish specifications or data at Government request or to situations in which Contractors act as Government representatives to help Government agencies prepare, refine or coordinate specifications, provided this assistance is supervised and controlled by Government representatives.

If, under this contract, the Contractor will prepare or assist in preparing a work statement to be used in competitively acquiring a system or services, the Contractor shall not supply the system, its major components, or the service unless the Contractor is the sole source, the Contractor has participated in the development and design work, or more than one Contractor has been involved in preparing the work statement. The term of this prohibition shall endure for the length of this contract.

If, under this contract, the Contractor will provide technical evaluation of products or advisory and assistance services, the Contractor shall not provide such services if the services relate to the Contractor's own or a competitor's products or services unless proper safeguards are established to ensure objectivity.

If, under this contract, the Contractor gains access to proprietary or source selection information of other companies in performing advisory assistance services for the Government, the Contractor agrees to protect this information from unauthorized use or disclosure and to refrain from using the information for any purpose other than that for which it was furnished. A separate agreement shall be entered into between the Contractor and the company whose proprietary information is the subject of this restriction. A copy of this agreement shall be provided to the KO.

The KO has significant discretion as to the acceptability of any mitigation plan offered.

Contractors are encouraged to present their best strategy for mitigation of any potential OCI under this contract. Contractors shall submit a mitigation plan at the Contract level and update it as often as necessary throughout the life of the Contract.

The KO, and when applicable the appropriate program office, acquisition manager, and legal counsel, will review the comparative analysis and, if provided, the Avoidance or Mitigation Plan, in accordance with the requirements of FAR subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that Offeror would be consistent with those requirements and review as necessary throughout the life of the contract. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined eligible for award. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or avoidance/mitigation plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification with its proposal and any later award, if the Offeror is awarded the resultant contract. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

Prior to a contract modification involving a change to the Performance Work Statement (PWS), or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

2.0 GENERAL INFORMATION

2.1 Non-Personal Services: This requirement identifies services that are strictly non-personal in nature. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the KO immediately.

2.1.1. Personnel Conduct. The Contracting Officer Representative (COR), with the approval of the KO, may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct or security, or found or suspected to be under the influence of alcohol, drugs, or other incapacitating agents. Contract employees will be subject to dismissal from the premises upon determination by the COR and the KO that such action is in the best interests of the Government.

2.1.2. Employment Termination Procedures. In the event that the Contractor needs to terminate the employment of their personnel, the Contractor must make accommodation to provide notification of the termination at an offsite location and not within the Government worksite. Personnel who have had their employment terminated shall not return to the Government worksite and the Contractor should make arrangement to have other personnel retrieve any personal effects and turn in badges, access cards, etc.

2.1.3. Attendance at Meetings. Contractor personnel may be required to attend meetings or otherwise communicate with Government and/or other contract representatives to meet the requirements of this contract. Contractor personnel shall make their Contractor status known during introductions.

2.1.4. Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timelines, completeness, and quality of problem identification. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.1.5. The Contractor shall not supervise, direct, or control the activities of Government personnel or the employee of any other Contractor under the contract and the Government will not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel. The Contractor shall ensure that all its employees, including subcontractor employees, working under this contract are informed of the substance of this Section. If the Contractor believes any action or communication has been given that would create a personal services relationship between the Government and any Contractor employee or any other potential supervision or duty violation, the Contractor must notify the KO immediately of this communication or action.

2.2 Severable / Non-Severable Services: This requirement identifies services that are severable in nature.

2.3 Inherently Governmental Functions: This requirement has been reviewed and contains no services that are inherently governmental functions. The Contractor shall not engage in inherently Governmental activities to include, but not limited to, facilitating research collaborations, discussing with unauthorized persons any information obtained in the performance of work under this contract; conducting business not directly related to this contract on Government premises; using Government computer systems and/or other Government facilities for company or personal business; recruiting on Government premises; or otherwise acting to disrupt official Government business. The Contractor shall ensure that all of its employees, including subcontractor employees, working under this contract are informed of the substance of this Section. If the Contractor believes any action or communication has been given that would create a business ethic or conduct violation, the Contractor must notify the KO immediately of this communication or action.

2.4 Non-Disclosure Statement

2.4.1. Performance under this contract may require the Contractor 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 work statement would be harmful to the interests of the Government or others. The Contractor and 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. The Contractor shall not use, disclose, or reproduce proprietary data 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, 5 United States Code (U.S.C.) Section 552a.

2.4.2. The Contractor shall sign the Non-Disclosure Agreement (NDA) [Attachment #1 / Deliverable #2] during in-processing at the USAISR. The Contractor shall ensure that all staff, including all employees, subcontractors, and consultants, assigned to or performing under the contract execute, sign, and adhere to the terms of the NDA. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

2.5 Recognized Holidays: Contractor is not required to perform services on the below Federal holidays. Any of the below listed Federal holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed below.

New Year’s Day, 1 January Martin Luther King’s Birthday, 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, last Monday in May Juneteenth National Independence Day, 19 June Independence Day, 4 July Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veteran’s Day, 11 November Thanksgiving Day, 4th Thursday in November Christmas Day, 25 December

2.6 Work Performance

2.6.1. Hours of Work: Core labor coverage will be from 8:00 a.m. to 5:00 p.m. Monday through Friday or some variant agreed upon at the kick-off meeting. Contractors shall typically work eight (8) hours per day, forty (40) hours per week. Lunch periods are a fixed duration (30, 45, 60 minutes) between 11:00 a.m. to 1:00 p.m. Some mission requirements may require work before or after established core hours. Official travel may require travel during hours and days outside of the norm e.g. long-distance Continental United States (CONUS) travel to attend the annual tradeshows/conferences listed under Task 3.2 within this PWS.

2.6.2. Contractor employees shall not report to work on the days the Government or installation is closed due to holidays, safety conditions, inclement weather conditions, national emergencies, energy conservation or by direction of the Installation Commander (or by USAISR Commander’s reporting official chain of command) for any other reason. During periods of closure, the Contractor employees not designated as mission essential shall not report for work. In the event the Government grants administrative leave to its Government employees at the Government site, on-site Contractor personnel shall also be dismissed if the on-site location is being closed. In each instance when the on-site location is closed to Contractor personnel because of inclement weather, potentially hazardous conditions, or other special circumstances; the Contractor shall direct its staff and Contractor employees as necessary to take actions such as reporting to an off-site(s) location or taking appropriate leave consistent with Contractor’s management plan and policies.

2.6.3. Place of Performance: Work will be performed primarily at the Government location located at U.S. Army Institute of Surgical Research, 3698 Chambers Pass, Bldg. 3611, Joint Base San Antonio (JBSA) – Fort Sam Houston, TX 78234. Certain tasks, with the prior approval of the COR will be performed at industry trade shows.

2.6.4. The Contractor employee is responsible for maintaining the workplace and the equipment assigned to them by the USAISR for the completion of assigned tasks in a safe, secure, and orderly manner.

2.6.5. Period of Performance: Period of performance detail is contained within the contract line items (CLINs).

2.6.6. Government-directed training: Contractors are expected to have the skills to perform their contractual duties. If they must train to maintain the required skills, it is not to be done on Government time. Changes in technical requirements and Command determination for total team training are conditions that permit Contractor training at Government time and/or expense.

2.6.7. Telecommuting: In accordance with FAR 7.108, telecommuting is not permitted on a regular basis because the Government will be adversely impacted due to mission readiness, Operations Security (OPSEC), and sensitive and privacy information protection requirements. However, the Contracting Officer (KO) and COR may grant approval, in writing, for telecommuting if both determine it to be appropriate and necessary. If approved by the COR, the Contractor will ensure all contracted personnel assigned to this contract sign a telework agreement. Telework will be on a situational basis rather than on a regular occurring basis. All alternate work locations, to include Contractor provided facilities or telework, must be approved by the COR.

2.6.8. Vacancy: Contractor should ensure that all required support service tasks and deliverables continue uninterrupted, regardless of Contractor employee departures. Contractor should replace departed personnel within 21 days from official notification of a vacancy unless an exception is provided by the KO. Contractor shall maintain no lower than a 95% overall personnel fill rate during the period of performance. Identification on a Government Installation.

2.6.9. Contractor Identification. When Contractor personnel perform the services required in this contract on a Government Installation they are required to possess and wear an identification badge that displays their name and the name of the Company. The Contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

While performing in a Contractor capacity, Contractor personnel shall refrain from using retired or reserve component military rank or title in all written or verbal communications.

2.6.10. Contractor shall abide by the rules, laws and regulations governing animal research in a government facility: the Institute Animal Care and Use Committee (IACUC), and the American Association for Laboratory Animal Science (AALAS).

2.7 Sexual Assault and Sexual Harassment Reporting

2.7.1. The Contractor shall comply with Office of the Surgeon General/U.S. Army Medical Command (OTSG/MEDCOM) Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP). The SHARP reporting requirements apply only to knowledge obtained by Contractor personnel while performing services under this contract.

2.7.2. The Contractor shall require all Contractor personnel with knowledge of an incident of sexual assault or sexual harassment occurring on a Government facility, to include a Government leased facility, where the Contractor is providing services under this contract, to report the incident to the Contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR or KO. All incidents shall be reported whether they involve Contractor personnel or Government personnel, or other individuals.

2.8 Security Requirements: Contractor personnel performing work shall follow the USAISR personnel security policy for gaining clearances and Common Access Cards (CACs).

2.8.1. Anti-Terrorism (AT) Level I training.

All Contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. 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 10 calendar days after completion of training by all employees and subcontractor personnel. AT Level 1 Training is required for the COR, prime contractor, and anyone supporting the contract who require recurring access onto the installation to perform their duties. AT Level 1 training is web based and can be found at https://jkosupport.jten.mil/html/COI.xhtml?course_prefix=JS&course_number=-US007.

2.8.2. Access and general protection/security policy and procedures.

Contractor, Contractor employees, and all associated subcontractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by Department of Defense (DOD), Headquarters, Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause 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. AT Level 1 and iWATCH Awareness training assist the contractor in understanding the Random Anti-terrorism Measures (RAM) when in effect may require vehicles to be searched, ID cards validated, security checks done by COR and the installation police. Gate operations could be affected based on the FPCON or RAM. The COR is responsible for designating and registering one (1) contractor point-of-contact supporting this contract for ALERT messages to receive weather or incident alerts. The designated contractor point-of-contact shall be responsible for notifying other contractors by telephone or other means of the ALERT messages received.

2.8.3. Contractors requiring Common Access Card (CAC).

Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated Tier 1 (T1) investigation or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non- DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled National Agency Check with Investigations (NACI) at the Office of Personnel Management.

For Contractor employees requiring a CAC, contractor should provide a list of such employees and notify those employees that certain personal information must be provided to the government to obtain a CAC. For example, full names, address, citizenship, and social security numbers must be provided immediately upon award to the Office of the Staff Judge Advocate (OSJA) IP Division so the approval process can be initiated. The approval process may be lengthy.

Contractor personnel without a CAC must be always escorted by a DoD military or civilian employee when inside a U.S. Government facility or in possession of used Government information storage devices.

2.8.4. iWATCH Training.

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local 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 10 calendar days of contract award and within 10 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 15 calendar days after contract award. The contractor and all associated subcontractors shall brief all employees on USAISR iWATCH program, AT Awareness Information: https://www.mepcom.army.mil/Home/Contractors/, See Something, Say Something: https://www.dhs.gov/see-something-say-something and iSalute: https://www.inscom.army.mil/isalute/.

2.8.5. Army Training Certification Tracking System (ATCTS).

ATCTS registration is needed for contractor employees who require access to government information systems. All contractor employees with access to a government information system must be registered in the ATCTS at commencement of services and must successfully complete the DOD Information Assurance Awareness prior to access to the information system and then annually thereafter.

2.8.6. Operations Security (OPSEC) Training.

Per Army Regulation (AR) 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. The training is available on-line via the Army Learning Management System (ALMS) website at https://www.lms.army.mil under the course name, Army OPSEC Level I (Newcomers and Refresher).

2.8.7. Information Assurance (IA)/Information Technology (IT) training.

All Contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working in IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. For information assurance (IA)/information technology (IT) training to (https://cs.signal.army.mil).

2.8.8. Threat Awareness and Reporting Program (TARP) Training.

All Contractor employees, regardless of whether they possess a security clearance, must complete TARP training on an annual basis per USAISR command directive. The training can be conducted face-to-face in a classroom setting. The supported military organization will coordinate all face-to-face training.

2.8.9. Initial Security Training and Annual Security Refresher Training.

In accordance with DoD Instruction 5200.48, Controlled Unclassified Information (CUI), all personnel within a DoD organization -- i.e., military members, DoD civilians, and on-site support contractors -- must complete CUI training initially within thirty (30) calendar days of reporting for duty and thereafter once every 365 calendar days. The training is located at https://securityhub.usalearning.gov/index.html.

2.8.10. Other training: Additional training may be required as the current environment changes or as USAMRDC or DHA headquarters dictates, as long as the training does not significantly hinder or negatively impact the tasks/deliverables. This training may include, but is not limited to, the following: Privacy and Civil Liberties Training - The course takes approximately one (1) hour to complete (https://www.lms.army.mil/learnerview/).

Any additional training or changes to required training will be reviewed by the KO in conjunction with the COR prior to the Contractor participation to ensure tasks/deliverables are not significantly hindered.

2.9 Non-Disclosure Statement

Performance under this contract may require the Contractor 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 work statement would be harmful to the interests of the Government or others. The Contractor and 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. The Contractor shall not use, disclose, or reproduce proprietary data 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, 5 United States Code (U.S.C.) Section 552a.

The Contractor shall sign the Non-Disclosure Agreement (NDA) [Deliverable #1] during in-processing at the USAISR. The Contractor shall ensure that all staff, including all employees, subcontractors, and consultants, assigned to or performing under the contract execute, sign, and adhere to the terms of the NDA. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

2.10 Applicable Documents: Work performed under this PWS including the deliverables provided must comply with Army Regulation 70-57, DoD Instruction 5535.8, DoD Directive 5535.3, Executive Order 12591, 15 United States Code (USC) Section 3710a, 35 USC Sections 207 and 209, and the Code of Federal Regulations (CFR) Title 37, Section 404.

2.11 Progress Reports: Written monthly status reports are to be presented to the COR / ORTA Staff throughout the period of performance at monthly USAISR ORTA staff meetings. Reports should include a bullet point summary furnished within 2 business days following each meeting [Deliverable #2].

2.12 Section 508 Requirement: The Contractor shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Specifically, the procurement, development, maintenance, or integration of Electronic and Information Technology (EIT) under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at CFR part 1194.

3.0 PERFORMANCE REQUIREMENTS

The Contractor shall provide sufficient management to ensure that all tasks are performed efficiently, accurately, on time, and in compliance with the requirements of this document. The Contractor shall provide support to the ORTA as follows:

3.1 Technology Transfer and Research Management Support

i. Review and evaluate USAISR intellectual property (IP) disclosure documentation for accuracy and completeness. Track monthly USAMRDC Invention Evaluation Committee information in Microsoft (MS) SharePoint, including post-meeting minutes [Deliverable #3].

ii. Review and evaluate intellectual property (IP) held by partner as well as in-house IP to determine the possibility of new IP and potential for commercialization [Deliverable #4].

iii. Assist USAISR inventors with their invention disclosure packets.

iv. Track and maintain USAISR IP and keep current copies of patent prosecution from DHA OSJA [Deliverable #5].

v. Process, track, and revise agreements in support of USAISR’s investigator’s collaborations with parties within and outside the Federal government [Deliverable #6]. The Contractor shall be a point of contact for incoming request forms for agreements such as CRADAs, Material Transfer Agreements (MTAs), Data Transfer Agreement (DTAs).

vi. Coordinate a weekly meeting to review potential collaborations, develop agenda that is sent to participants, attend meetings, discuss the proposed collaborations, and maintain records including meeting minutes and due outs, adding information to databases, and tracking them for future reference [Deliverable #7].

vii. Perform background and commercial market research on technologies needing a commercial partner [Deliverable #8] at the guidance of the USAISR ORTA.

viii. Participate in the development, implementation, and ongoing compliance monitoring of all partner and business associate agreements, to ensure all privacy concerns, requirements, and responsibilities are addressed [Deliverable #9].

ix. Assists with other USAISR Research Directorate projects as needed. This includes working with other members on special projects and assignments applicable to the ORTA office.

x. Provide pre- and full proposal management and tracking duties [Deliverable #10] which includes:

xi. Provide ORTA Staff with administrative support to include scheduling of meetings, preparation of meeting agendas, and printing technology transfer training materials. This also includes spreadsheet creation and MS SharePoint management.

xii. Update the ORTA Standard Operating Procedures annually in coordination with USAISR Regulatory Compliance and Knowledge Management [Deliverable # 11].

xiii. Track status of invoices and payments through the Defense Finance and Accounting Service (DFAS), USAISR Resource Management Office (RM), US Army Budget Office (ABO), and the DHA. Log invoices and payments in the Research Agreements Tracker. Monitor funding transfer from point of signed agreement to final receipt of funds owed [Deliverable #12].

xiv. Prepare invoices, submit invoices for local approval, and send to collaborators as set forth in agreement payment schedules.

4.0 SECURITY REQUIREMENTS

4.1 Access and general protection/security policy and procedures:

The Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office corresponding to the location of performance detailed in the contract. Contractor workforce must 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 clause 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. COR is responsible depending on the length of this contract with signing at least one Contractor/Program Manager up for ALERT messages for weather or incident alerts, that Point of Contract (POC) will be responsible for notifying the other Contractors by phone tree or other means. COR is responsible to make sure items selected on this sheet are complied with. COR needs to conduct spot checks at work sites to make sure Contractors are in compliance with visitor requirements and responsibilities. AT Level 1 and iWatch Awareness training assist in the Contractor understanding that sometimes Random Anti-terrorism Measures (RAM) may be in effect, where their vehicle may be checked, ID cards validated, and/or security checks done by COR and Police. Gate operations could be affected based on the FPCON or RAM.

4.1.1. Force Protection Condition (FPCON) impact on work levels: The Contractor employees must comply with all personal identity verification requirements as directed by DoD, and local policy. In addition to the changes otherwise authorized by the changes clauses of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in Contractor security matters or process. In accordance with DoDI 2000.16, the FPCON is defined as follows:

a. FPCON ALPHA. This condition applies when there is a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable, and circumstances do not justify full implementation of FPCON BRAVO measures. However, it may be necessary to implement certain measures from higher FPCONS resulting from intelligence received or as a deterrent. The measures in this FPCON must be capable of being maintained indefinitely.

b. FPCON BRAVO. This condition applies when an increased and more predictable threat of terrorist activity exists. The measures in this FPCON must be capable of being maintained for weeks without causing undue hardship, affecting operational capability, and aggravating relations with local authorities.

c. FPCON CHARLIE. This condition applies when an incident occurs, or intelligence received indicating some form of terrorist action against personnel and facilities is imminent. Implementation of measures in this FPCON for more than a short period probably will create hardship and affect the peacetime activities of the unit and its personnel.

d. FPCON DELTA. This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is likely. Normally, this FPCON is declared as a localized condition.

4.1.2. During FPCONs Charlie and Delta, non-essential service contracts are placed under a stop work order. Designated essential service contracts will resume when the FPCON level is reduced to level Bravo or lower.

4.1.3. When Contractor employees are considered mission essential, all Contractor employees are required to report for duty and remain on duty during declared emergencies or elevated FPCON levels unless otherwise directed by the KO via the COR.

4.1.4. Access to DoD-controlled installations, facilities, and personnel badging: This is applicable for all Contractor employees with an area of performance within a DoD-controlled installation, facility or area. The Contractor and all associated subcontractor employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures.

4.1.5. Unclassified Contract Security Requirements: The Contractor employee requires, at a minimum, a favorable adjudicated National Agency Check with Inquiries or an equivalent or higher investigation in accordance with Army Directive 2014-05. This must be coordinated with the Fort Sam Houston, TX Security Office via the COR for submission prior to performance start date. The security requirements must be maintained for the life of the contract, and citizenship will be verified by presenting an original birth certificate, U.S. Passport or the Naturalization Certificate to the Security Office at the time of in processing for all contract personnel assigned to the contract. In order to maintain the security requirements, any derogatory information, to include law enforcement issues, mental health issues, or alcohol/drug related issues must be reported to the COR and Fort Sam Houston, TX Security Office.

4.2 Special Requirements: Required training may change during contract performance. The KO and/or COR will provide notification to Contractor POC as changes happen, and changes will be formally made via contract modification as soon as reasonably possible.

4.2.1. Completion of Training Requirements [Deliverable #13]: Contractor employees with an area of performance within an Army controlled installation, facility or area shall complete listed below training requirements within 60 calendar days after the contract start date, unless otherwise stated. The Contractor and subcontractor training requirements are in compliance with DoD Instruction (DoDI) 2000.16, DoD Antiterrorism Standards, 20 October 2006. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within five (5) calendar days after their completion of the training. Contractor shall track and complete refresher training to maintain training compliance and readiness status, as required.

4.2.2. Anti-Terrorism (AT) Level 1: All Contractor and subcontractor employees requiring access Army installations, facilities and controlled access areas shall complete AT level I awareness training within 30 calendar days after contract start dateAT level I awareness training is available at the following website: https://jkosupport.jten.mil/html/COI.xhtml?course_prefix=JS&course_number=-US007

4.2.3. AT Awareness Training for Contractor Personnel Traveling Overseas: Applicable to all Contractor and subcontractor employees to perform contract requirements OCONUS. U.S.-based Contractor employees and subcontractor employees shall receive Government-provided AT awareness training specific to the Area of Responsibility (AOR) prior to performing work OCONUS. Specific AOR training content is directed by the combatant commander, with the unit AT Officer being the local point-of-contact.

4.2.4. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity 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 30 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 30 calendar days after contract award. AT Awareness Information: https://www.mepcom.army.mil/Home/Contractors/ See Something, Say Something: https://www.dhs.gov/see-something-say-something and iSalute: https://www.inscom.army.mil/isalute/

4.2.5. DoD Information Assurance Awareness: Applicable to all Contractor and subcontractor employees who require access to Government Information Systems. All Contractor employees with access to a Government information system must successfully complete the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter. The course can be accessed online at https://jkosupport.jten.mil and takes approximately one (1) hour to complete.

4.2.6. Operations Security Training (OPSEC): Per AR 530-1, Operations Security, all Contractor and subcontractor employees must complete Level I OPSEC Awareness training. This training is required every 365 days. The course takes approximately 30 minutes to complete. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Level 1 training via the Army Learning Management System (ALMS) website at https://www.lms.army.mil under the course name, Army OPSEC Level I (Newcomers and Refresher).

4.2.7. Information Assurance (IA) and Information Technology (IT) Training: In addition to completion of required DoD Information Assurance Awareness training, all Contractor and subcontractor employees working IA and IT functions must comply with DoD training requirements in DoD Directive (DoDD) 8570.1 and, DoD 8570.01-M, within six (6) months of employment. This includes IA/IT training (https://cs.signal.army.mil) and Initial and Annual Refresher CUI Training.

4.2.8. IA and IT Certification: Per DoD 8570.01-M and Defense Federal Acquisition Regulation Supplement (DFARS) 252.239-7001, the Contractor and subcontractor employees’ supporting IA and IT functions shall be appropriately certified upon contract award.

4.2.9. Army-Wide Network Security Focus Training: Contractor and subcontractor employees shall complete the required non-residential training courses to include Phishing, Personally Identifiable Information, Portable Electronic Devices and Removable Storage Media, Safe Home Computing, and Social Networking. The one-time training is required for the establishment of a Government network account. The training takes approximately one (1) hour to complete.

4.2.10. Combat Trafficking in Persons General Awareness Course (CTIP): Training applies to Contractor and subcontractor personnel who perform contract requirements OCONUS. Applicable Contractor shall complete this required non-residential training every 365 days. The training takes approximately 30 minutes to complete.

4.2.11. Emergency Preparedness Response Program: Contractor and subcontractor employees shall complete this required non-residential training every three years. The course takes approximately one (1) hour to complete.

4.2.12. Health Insurance Portability and Accountability Act (HIPAA) and Privacy Act Security Training: The Contractor and subcontractor employees shall complete this required non-residential initial core training course, DHA-US001, and annual birth month refresher training thereafter, available on-line at https://jkosupport.jten.mil/Atlas2/page/login/Login.jsf. The course takes approximately two (2) hours to complete.

4.2.13. Threat Awareness and Response Program (TARP): All Contractor and subcontractor employees, regardless of whether or not they possess a security clearance, must complete TARP training on an annual basis per USAMRDC command directive. The training can be conducted in MS Teams online if directed or face-to-face in an auditorium setting. The supported military organization will coordinate all face-to-face training.