Japan AEGIS PWS.pdf

CUI

Naval Surface Warfare Center (NSWC) Port Hueneme Division (PHD)

Japan Foreign Military Sales (FMS) AEGIS Support

Performance Work Statement (PWS)

August 23, 2022

SECTION C

PERFORMANCE WORK STATEMENT

1. GENERAL INFORMATION:

The purpose of this Performance Work Statement (PWS) is to provide support in the area of strategic planning and administrative implementation of Aegis and Standard Missile (SM2) Foreign Military Sales (FMS) cases within Japan for the Naval Sea Systems Command (NAVSEA) Program Executive Office (PEO) for Integrated Warfare Systems (IWS) 4.0.

1.1 Background

PEO IWS leads a professional and experienced organization that delivers solutions for Naval Warfare Systems in the areas of Air Defense, Missile Defense, Undersea Warfare, Anti-Submarine Warfare, and Anti-Surface Warfare. Collectively, PEO IWS must provide effective and suitable deliveries of integrated warfare systems and technology to the US Fleet and Joint Forces, installed on a variety of platforms:

surface ships, submarines, fixed wing and rotary aircraft, ground mobile and transportable systems. To meet this challenge, PEO IWS must deliver capabilities that cut across specific ship, aircraft, or system platforms.

Specifically, PEO IWS 4.0 is responsible for engaging with Foreign Partners, coordinating with product-provider organizations within PEO IWS to adapt their products for the specific needs of these key allies, and for the management and execution of FMS cases.

1.2 Non-Personal Services

This contract IS NOT being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal services contract”.

This non-personal services contract outlines the services that are to be performed by the contractor and its employees. Government employees may not allow or request the rendition of services that are not within the scope of this particular contract. If the desired services fall outside the scope of the contract, the Contractor must contact the Contracting Officer’s Representative (COR) who will contact the Procuring Contracting Officer (PCO) to ascertain whether or not the contract may be modified to include the services needed. Only the PCO may modify the contract.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract, the Contractor shall adhere to the following guidelines in the performance of the task:

– Contractor provides for direct supervision of all contract employees assigned to the task.

– Refrain from discussing issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting Contractor employees with the Customer.

– Ensure close communication/coordination with the COR and/or Program Manager (PM), reporting problems to the COR and PM as they occur (not waiting for a monthly meeting).

– Do not permit Government officials to interview potential Contractor employees, discuss individual performances, approve leave or work scheduling of Contractor employees, terminate Contractor employees, assist Contractor employees in doing their jobs or obtain assistance from the Contractor in doing any inherently governmental functions.

– Do not assign Contractor personnel to work under direct Government supervision.

– Maintain a professional working relationship with Government employees.

– Provide Contractor employees with badges, as determined by the COR, identifying them as

Contractors.

– Ensure proper communication with the Government (technical discussion and Government surveillance is okay, but the Government cannot tell the Contractor how to do the job).

– Assign a task leader to the contract. The task leader or alternate should be the only one who accepts taskings from the assigned Government point of contact or alternative.

– The Government has the right to reject the finished product or result and this does not constitute personal services.

– When travel is required in support of a contract task only the Contractor may direct their employees to do so.

1.3 Supervision

The Contractor shall not supervise, direct, or control the activities of Government personnel or the employee of any other Contractor working under any other contract and the Government will not exercise any supervision or control over the Contractor employees in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.

Contractor employees shall not represent themselves as Government employees, agents, or representatives or state orally or in writing at any time that they are acting on behalf of the Government.

In all communications with third parties in connection with services performed under the terms of this contract, the Contractor must ensure that all Contractor employees identify themselves as Contractor employees and identify the name of the company for which they work and, must not carry out any direction that violates the terms and conditions of this contract, or other laws and regulations.

The Contractor shall ensure that all employees performing services on this contract, including Subcontractor employees, are informed of what constitutes non-personal services and provide guidance on any matters or concerns that may arise during the performance of this contract. 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 PCO immediately of this communication and/or action.

2. REQUIREMENT DETAILS:

2.1 Objective

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, non-personal services, and other items necessary to perform strategic planning and administrative implementation of AEGIS and SM2 FMS cases as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract.

The Contractor is required to be customer-service oriented, detail focused, flexible, innovative, pro-active, and able to succeed in a fast-paced, high-pressure, defense and national security Outside the Continental US (OCONUS) environment.

2.2 Scope

The Contractor shall provide the following Aegis Weapon System (AWS), Aegis Combat System (ACS), and SM2 services in support of the US Navy Naval Sea Systems Command, PEO IWS FMS to Japan:

The Contractor will receive and shall process routine shipments of Classified Equipment, Technical

Manuals, Technical Documents, and Computer Program Software to Japan in order to meet existing FMS case requirements. Classified material for FMS programs shall be transferred through Government-to- Government channels by duly authorized representatives of each Government. Use of a US cleared Contractor is authorized in support of a U.S. Government or foreign Government requirements.

The Contractor shall provide programmatic, technical, and security related support required to operate multiple Aegis Support Facilities located in Japan. The facilities are used to support Aegis Weapon System Integration and Test for the Japanese FMS Programs. The analysis of technical data requires maintenance and storage of non-releasable US Only items, as well as US Only and Dual-nation classified material, used in testing the Aegis Weapon System. US Government Security requirements must be maintained. These sites will support operation of the Aegis Support Facilities.

The Contractor shall provide in country courier services between facilities and designated alternate work locations for US Government Aegis program personnel (DoD civilians, Contractor (CTR), and vendor) at Japan Self Defense Force (JSDF) Bases or JSDF designated commercial facilities. In support of the in-country courier services the Contractor shall prepare the necessary documentation and packaging or repackaging of material being transported and/or maintain liaison with Naval Air Facility (NAF) Atsugi supply department to support this function. The Contractor shall operate and maintain US Government vehicle(s) provided for transportation of courier materials.

The Contractor shall provide security guard and operational support at various facilities throughout Japan, to ensure only properly designated individuals are allowed access to the facilities. This includes, but is not limited to, NAF Atsugi, North Dock, US Navy Fleet Activities Yokosuka, and US Navy Fleet Activities Sasebo.

The Contractor will be designated as an IWS 4.0 Security Manager, with authorized access to Defense Information Security System (DISS), and other personnel verification systems as required.

The Government estimates a level of effort of 16 Full Time Employees (FTEs), with at least one (1) employee having knowledge and experience to act as a logistics Subject Matter Expert (SME). Eight (8) FTEs will be full-time, while eight (8) FTEs will be a blend of part-time personnel to accomplish 24 hours a day, 7 days a week shift- work and provide program management oversight. All FTEs (except the program management personnel) will be permanently based in Japan.

2.3 Type of Contract

This will be a severable, Firm Fixed Price (FFP) type contract with Not-To-Exceed reimbursable Travel and Other Direct Cost (ODC) Contract Line Items (CLINs). All CLINs shall be priced and evaluated at time of award. The applicable NAICS code for this requirement is 541513 – Computer Facilities Management Services. To be eligible for award, the Contractor shall have this NAICS on their https://sam.gov/content/home registration.

2.4 Period of Performance (PoP)

The PoP for this contract is a one (1) 12-month base period plus four (4) 12-month option periods.

BASE: 09/01/2023 – 08/31/2024

Option Period 1: 09/01/2024 – 08/31/2025 Option Period 2: 09/01/2025 – 08/31/2026 Option Period 3: 09/01/2026 – 08/31/2027 Option Period 4: 09/01/2027 – 08/31/2028 https://sam.gov/content/home

2.5 CLIN Structure

There will be three (3) sets of CLINs for the duration of this TO. The base year structure will be as follows:

CLIN 0001 Labor (FFP) CLIN 0002 Travel (COST) CLIN 0003 ODC/Material (COST)

2.5.1 Travel and Other Direct Cost (ODC) Reimbursable CLINs: The awarded estimate for each travel/ODC CLIN is considered a not-to-exceed (NTE) value. After award, the Contractor must not utilize and subsequently bill above each awarded NTE value for travel costs without a written modification from the PCO. Within those NTE amounts, the Contractor must not independently decide to realign and subsequently bill in support of the Client’s requirements without prior written approval from the COR.

The Contractor understands that neither the funded amount nor the NTE value on the Cost Reimbursable CLINs, are a guarantee to the Contractor. The total contract value may not be exceeded without a written modification from the PCO.

Note: The Contractor shall notify the PCO, in writing, whenever it has reason to believe that the Reimbursable CLINs have met 75% of the proposed costs for that period of performance.

2.6 Place of Performance

Work should be performed at the Government’s facilities within Japan, including NAF Atsugi, North Dock, US Navy Fleet Activities Yokosuka, US Navy Fleet Activities Sasebo, Yokota Air Base, Hardy Barracks, Camp Zama, and various other US and Japanese Naval Bases, Shipyards, and facilities. Any variation from this will be determined by the program/project specific needs.

2.7 Hours of Performance

Full-time employees typically work Monday through Friday, approximately forty (40) hours per week. Part-time employees typically perform shiftwork, for 100% coverage, 24 hours a day, 7 days a week as needed and to provide local in-country courier and security services. The hours included in the schedule of the contract include an allowance for performance of work on holidays or outside business hours, as needed.

The Contractor shall maintain a current schedule for its entire staff assigned to the contract, including planned leave. The Contractor shall assign alternates to cover assignments of any of its staff that are absent sufficient to ensure that services are not disrupted.

2.8 Post Award Orientation Conference

The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The PCO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the PCO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2.9 Risk Mitigation Plan

No later than fifteen (15) days after contract award or upon any plan changes, the Contractor shall provide a Risk Mitigation Plan (RMP) to address the risk covered across all tasks listed within Section 4 of this PWS.

The Contractor shall define the risk management methodology to be used, identify the risk assumptions, and establish the roles and responsibilities, and the timeframes upon award of the contract. The Contractor shall also define the risk communications and risk tracking process. The Contractor must control risks of the services and deliverables provided in support of this task. The Contractor must maintain substantiating evidence that services conform to the contract RMP and furnish such information to the Government if requested.

2.10 Quality Control Plan (QCP)

The Contractor shall develop a comprehensive Quality Control Plan (QCP) covering all tasks, providing methods of surveillance the Contractor will use to monitor performance under this basic contract. The QCP shall be submitted to the PCO and COR no later than fifteen (15) days after contract award, or upon any plan changes, for approval. The Contractor must control the quality of the services and deliverables provided in support of this task. The Contractor must maintain substantiating evidence that services conform to contract quality requirements and furnish such information to the Government if requested.

The QCP shall be developed using the Contractor’s internal quality control methods and shall address surveillance of all deliverables under the terms of this contract. The Contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective and/or, non-conforming services. The Contractor shall develop and maintain a quality process to ensure services are performed in accordance with commonly accepted commercial practices and existing quality control systems throughout the life of the contract.

2.11 Contracting Officer’s Representative (COR)

The PCO designates a Contracting Officer Representative (COR) to perform specific administrative or technical functions. The specific rights and responsibilities of the COR for each contract shall be described in writing, which upon request, shall be provided to the Contractor. A COR has no actual, apparent, or implied authority to bind the Government.

2.12 Security Requirements

2.12.1 Homeland Security Presidential Directive-12 (HSPD-12)

Homeland Security Presidential Directive 12 (HSPD-12) was issued to implement the policy of the United States to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and Contractors (including Contractor employees). Under this directive, the heads of executive departments and agencies are required to implement programs to ensure that identification issued by their departments and agencies to Federal employees and Contractors meets the Standard.

This policy can be found at the following website:

http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html.

In performance of services under this contract, Contractor shall insure all its personnel who require physical access to federally controlled facilities and access to federally controlled information systems by 27 October 2007, have been issued identification in compliance with HSPD-12 policy. In their quotes, offeror’s shall confirm they will comply with the Government Client’s identification procedure that is implementing HSPD-12 policy.

The Security/Identification point of contact for the Client agency that is responsible for implementing their HSPD-12 compliant policy is:

POC Name TBD Office Symbol TBD http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html.

Address TBD

City, State, Zip TBD Email Address TBD Telephone Number TBD

When a Contractor or their Subcontractors are required to have physical access to a Federally controlled facility or access to a Federal information system, the Contractor shall comply with agency personal identity verification procedures in contracts that implement Homeland Security Presidential Directives-12

(HSPD- 12).

2.12.2 Federal Information Security Management Act (FISMA) of 2002 Compliance:

FISMA compliance is access through annual accreditation and certification as required by Department of Defense Information Assurance Certification and Accreditation Process (DIACAP) governed by Department of Defense Instruction 8510.01, dated November 28, 2007.

Note: This requirement must be met on any procurement, IT, PS, etc., where the Contractor will have access to Government electronic information.

In order to satisfy this requirement, the FISMA point of contact for the Client agency that is responsible for maintaining their annual FISMA accreditation and certification:

POC Name TBD Office Symbol TBD

Address TBD

City, State, Zip TBD Email Address TBD

Telephone Number TBD

2.12.3 Non-Disclosure Requirements

All Contractor employees shall sign the Non-Disclosure Agreement (NDA) statement at the time of acceptance of employment. The Contractor must then provide a copy of the signed/dated NDA to the COR within five (5) days of the employee’s signature is accomplished.

2.12.4 Employee Security Clearance

All costs associated with obtaining necessary clearances shall be borne by the Contractor. All tasks must be conducted in full compliance with DoD security regulations. Security requirements and Contractor access to classified information shall be as specified in the DD Form 254 (Attachment TBD).

During the period of performance, all Contractor personnel will be required to maintain a SECRET clearance. Interim SECRET personnel clearances will be accepted for performance of work.

Controlled Unclassified Information (CUI): The Contractor shall be required to have access to CUI with developers and integrators (DD Form 254, Block 10j).

mailto:Andre.gould@navy.mil

Operations Security Requirements: The Contractor will have operations security requirements (OPSEC).

Contractor shall implement NAVSEA's Operations Security (OPEC) Program policy and procedures for appropriate handling and safeguarding of classified and unclassified technical/sensitive information, per required regulations (DD Form 254, Block 11j).

The Contractor will have access to classified information at another Contractor’s facility or Government activity. Awareness of classified material storage and transfer requirements are required for performance of this contract. Cleared personnel are required to perform this service because access to classified information cannot be precluded (DD Form 254, Block 11a).

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.

To meet the requirements of ongoing FMS cases and comply with recent policy guidelines issued by Mutual Defense Assistance Office (MDAO), Contractor personnel will be authorized to work as PEO IWS

4.0 Designated Government Representatives (DGRs) in Japan. As the DGR, Contractor personnel shall act as a representative of the USG to transfer and release classified information / software / hardware to approved US or designated JSDF recipient(s).

To meet the requirements for timely classified transfers and proper management of secure facilities, the Contractor will be designated as an IWS 4.0 Security Manager, with authorized access to DISS, and other personnel verification systems as required. Additionally, the Contractor will be granted local SIPR/NIPR access at location including, but not limited to, NAF Atsugi, North Dock, US Navy Fleet Activities Yokosuka, and US Navy Fleet Activities Sasebo.

Permanent, OCONUS courier cards will be required in performance of this effort. The Contractor will work with the applicable Government Security Offices (i.e. NAVSEA Security, Defense Counterintelligence and Security Agency (DCSA) to obtain and/or issue courier cards to required personnel (DD Form 254, Block 11k).

SOFA: The Contractor is authorized to receive Status of Forces Agreement (SOFA) sponsorship for all full-time personnel permanently assigned to support PEO IWS 4.0 in Japan. The Contractor shall comply with US Forces Japan Instruction 64-100, Contract Performance in Japan, dated 25 October 2019. The applicable PCO or COR will provide the Synchronized Pre-deployment and Operational Tracker (SPOT) Letter of Authorization (LOA) for all personnel performing work under this contract.

2.12.5 Facility Clearance Level

A facility clearance level (FCL) is when a Contractor’s facility is eligible for access to classified information at the Confidential, Secret, or Top Secret level. The FCL includes the execution of a Department of Defense (DoD) Security Agreement (DD Form 441, DD Form 441-1) and Certificate Pertaining to Foreign Interests

(SF 328).

Under the terms of a FCL agreement, the Government agrees to issue the FCL and inform the Contractor as to the security classification of information to which the Contractor will have access. The Contractor, in turn, agrees to abide by the security requirements set forth in the National Industrial Security Program Operating Manual, commonly referred to as the NISPOM.

The Contractor shall have a SECRET facility clearance at the time of proposal submission and maintain it throughout contract performance. All costs associated with obtaining necessary clearances shall be borne by the Contractor.

2.13 Man Hours/Labor Categories

Labor shall be performed at the rate agreed to for the base period (and option periods, if applicable). All awarded rates shall be fully-burdened FFP rates, and the rates shall not be subject to “finalized audited rates” by the Defense Contract Management Agency (DCMA) or other third party auditor.

The Contractor shall not employ persons on this contract if such employees are identified to the Contractor by the COR, PM, and/or CO as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. The employee(s) should be removed immediately and replaced with an employee(s) that can provide the same level of service and approved by the CO, to ensure the labor category is similar or the same.

Estimated Labor Categories (LCATs) – Full-Time Employees (FTEs) 1 FTE = 2080 Hrs 12-Month Base 12-Month Option

Guards 7.50 7.50 Security Analysts (Senior) 3.00 3.00 Security Analysts (Mid) 5 5 Program Management .50 .50

Total FTEs 16.00 16.00

2.14 Personnel

Personnel and their minimum qualifications are listed in the following sections. The full-time personnel assigned to this contract are essential to the work being performed under this contract.

The PCO or COR will notify the Contractor within fifteen (15) calendar days after receipt of all required information of the decision on proposed substitutions. The thirty (30) days advance notice requirement is waived in the case of employee illness, death, or termination of employment. The Contractor shall notify the PCO or COR as soon as possible after the occurrence of any of these events and provide the information outlined above. Noncompliance with replacement within two weeks of the position being vacated will be reflected negatively in past performance assessments and may be considered a material breach in the terms and conditions of the contract for which the Government may seek appropriate pecuniary remedies.

The defined personnel labor categories and requirements are as follows:

2.14.1 Labor Category: Guard

a. A high school diploma or equivalent is required

b. A current DoD SECRET Security Clearance required.

c. Military, Security, or Law Enforcement Background preferred.

d. Two years of military law enforcement or security experience preferred.

Experience – Must have experience in military law enforcement and/or security operations. Specifically have experience in:

• Inspecting identification of persons prior to entering restricted areas;

• Interacting and communicating with external personnel;

• Holding responsibility for the security and safety of a facility.

• Adhering to required safety regulations, SOPs, and security procedures in area of responsibility.

• Rectifying unsafe actions or conditions immediately.

• Maintaining a daily log of all activity during assigned shift, at assigned post.

• Documenting all incidents that take place during assigned shift in a detailed incident report.

• Performing walking patrols throughout the duration of the shift.

• On-base security procedures, building operations, evacuation procedures, severe weather procedures, law enforcement interaction, and report writing.

• Identifying critical issues quickly and accurately, and to be able to respond in an appropriate manner.

2.14.2 Labor Category: Security Analyst Senior

Security Analyst Senior (Director of PEO IWS 4.0 Japan Liaison Office; considered Key Personnel) Education – Bachelor’s or Master’s degree in political science, intelligence, foreign or international relations, national security studies, or other field directly related to the contract requirements. Ten (10) years of additional, related experience may be substituted for no degree.

Experience – International security cooperation, and the cultural, security, and programmatic guidelines and policies that drive the DoD’s security cooperation efforts; policy compliance with National Security guidance; working with senior executives in DoD and the U.S. Interagency; drafting professional documents including white papers, briefings, memos and reports; managing complex FMS programs;

supervising and coordinating staff for complex programs; overseeing international security storage and transfer. At least ten (10) years of regional or functional experience in Asia-Pacific, is preferred.

Security Analyst Senior (PEO IWS 4.0 Japan Liaison Office Program Coordinator) Education – Bachelor’s or Master’s degree in political science, intelligence, foreign or international relations, national security studies, or other field directly related to the contract requirements. Ten (10) years of additional, related experience may be substituted for no degree.

Experience – International security cooperation, and the cultural, security, and programmatic guidelines and policies that drive the DoD’s security cooperation efforts; policy compliance with National Security guidance; working with senior executives in DoD and the U.S. Interagency; managing complex FMS programs; drafting professional documents including white papers, briefings, memos and reports;

supervising and coordinating staff for complex programs; overseeing international security storage and transfer. At least ten (10) years of regional or functional experience in Asia-Pacific, is preferred.

2.14.3 Labor Category: Security Analyst Mid

Education – Bachelor’s degree in a business or technical field. Four years of additional, related experience may be substituted for no degree.

Experience – In military, security, business or law enforcement fields. An understanding of the cultural, security, and programmatic guidelines and policies that drive the DoD’s security cooperation efforts;

working with senior executives in DoD and the U.S. Interagency; supporting complex FMS programs;

drafting professional documents including white papers, briefings, memos and reports; executing international security storage and transfer is preferred. Related regional or functional experience in the Asia-Pacific region is preferred. Five (5) years of related work experience is preferred.

2.14.4 Labor Category: Program Management

Education – Bachelor’s or Master’s degree in political science, intelligence, foreign or international relations, business, or other field directly related to the contract requirements.

Experience – International security cooperation, and the cultural, security, and programmatic guidelines and policies that drive the DoD’s security cooperation efforts; working with senior executives in DoD and the U.S. Interagency; and US Navy FMS programs. A Project Management Professional (PMP) certification is preferred. Ten (10) years of supervisory and team management experience is preferred. Ten (10) years of DoD contract management experience is preferred.

2.15 Staffing

If personnel must obtain a background check prior to being able to perform under the terms of the order, the contractor is not permitted to bill until the Contractor’s personnel are fully able to perform the requirements of the PWS.

2.15.1 Proposed Staffing and Approval Upon Initial Contract Award Prior to assigning any Contractor employee to a labor category to perform work under the terms and conditions of this requirement/PWS, the Contractor must obtain the written approval of the COR.

At the discretion of the Government (and upon Government request), prior to commencing work on this contract, the Contractor shall receive approval of the proposed personnel and staffing level for this contract. The Contractor shall ensure the proposed personnel meet all qualifications and certifications necessary to perform the required tasks. The Contractor shall ensure the proposed personnel are available to begin upon contract start date.

2.15.2 Proposed Staffing for New Hires After Contact Award

At the discretion of the Government (and upon Government request), if during performance of this contract, a vacancy of an existing position occurs, existing staff need to be replaced, or additional staff need to be hired in support of additional operations, the Contractor shall submit a formal written request to the COR and PCO providing detailed information regarding the proposed individual that is being recommended to fill the vacancy. The information provided at a minimum should include the recommended individual’s background, education, experience, certifications, any circumstances requiring any kind of waivers, and why this individual would be a good fit to fill the vacancy. Prior to the recommended individual providing work towards this contract, the Contractor shall receive written approval from the COR.

2.16 Contractor Employee Guidelines

The Contractor shall not employ persons on this award if such employees are identified to the Contractor by the COR, and/or PCO as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. The employee(s) should be removed immediately and replaced with an employee(s) that can provide the same level of service and approved by the PCO, to ensure the labor category is similar or the same.

2.17 Limitations on Subcontracting

Subcontracting is allowable in accordance with applicable clauses pertaining to, and incorporated into this contract. The Government is not procuring, and will not accept a strictly “pass through” contract arrangement. In accordance with FAR 52.219-14, Limitations in Subcontracting, the prime Contractor shall provide at least 50% of the overall cost of contract performance incurred for personnel under each contract, as required to perform the requirements of the PWS.

2.18 Special Qualifications

The contractor shall support the Government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when Federal agencies develop, procure, maintain, or use electronic information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

Applicable standards are 1194.21-1194-26

The Industry Partner should review the following websites for additional 508 information:

http://www.section508.gov/index.cfm?FuseAction=Content&ID=12 http://www.access-board.gov/508.htm http://www.w3.org/WAI/Resources

The Contractor must indicate in its proposal where full details of compliance to the identified standards can be found, such as Contractor’s website, etc.

2.19 Travel Requirements

In support of this contract, Contractor personnel may be required to travel to various locations and work in excess of forty (40) hours/week on occasion. Infrequent travel to hazardous duty locations may also be required.

ESTIMATED TRAVEL LOCAL NON-LOCAL

12-Month Base Year Trips 283 30 12-Month Option Year 1 Trips 283 30 12-Month Option Year 2 Trips 283 30 12-Month Option Year 3 Trips 283 30 12-Month Option Year 4 Trips 283 30

Total Estimated Trips 1,415 300

All travel within 20 miles of the contract employees’ duty station (e.g. Hardy Barracks, Tokyo; NAF Atsugi) is considered local travel and is included in the price of this contract. The contract employees may be required to travel outside of the local Tokyo area during the performance of this contract to attend meetings and inspections, and/or perform deliveries and transfers of material.

The Government will reimburse the Contractor through Other Direct Costs lines for all non-local travel that is authorized in advance by the COR, for reasonable travel related expenses. Such direction will be made by the COR on a cost reimbursement basis to the contract against the Government’s specified not-to-exceed amount. All non-local travel shall be in accordance with FAR 31.205-46 and the Joint Travel Regulations (JTR). Contractor payment claims shall include applicable documentation to support actual costs incurred (e.g. airfare and hotel/lodging receipts) as well as any receipts valued at or above $75.00.

http://www.section508.gov/index.cfm?FuseAction=Content&ID=12 http://www.access-board.gov/508.htm http://www.w3.org/WAI/Resources

Failure to provide appropriate documentation may result in loss of reimbursement of travel expenses.

Travel not in compliance will be at the Contractor’s expense.

After travel is incurred, documentation/receipts shall be sent to the COR (with the invoice submittals). NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION and RECEIPTS. The COR PCO shall approve travel (in writing on the CTP form – Attachment TBD) based on the applicable micro-purchase threshold.

During performance, only actual travel costs are reimbursed in accordance with the FTR and other applicable regulations, subject to the Government’s approval. On the first and last day of approved Contractor personnel travel, the rate is 75 percent of the appropriate Meals and Incidental Expenses (M&IE) rate regardless of the departure and return time.

NOTE: Profit, G&A and Overhead indirect costs shall not be applied to travel costs for any reason. Travel shall be a direct reimbursed expense, at cost. Costs above and beyond the approved rates, and costs that are unreasonable, shall not be reimbursed by the Government.

2.19.1 Approval for Travel

All travel shall be scheduled, to the greatest extent possible, at least two (2) weeks in advance, and shall be approved by the COR prior to making travel reservations. All travel shall be coordinated and approved on a Consent to Purchase (CTP) form (Attachment TBD). If travel is not approved in advance of the travel taking place, the Government will not reimburse for the travel expenses. Emergency requirements shall be defined/initiated and approved/validated by the COR. All travel shall be in accordance with the FTR and all lodging shall be at or below allowable, published lodging rates for the respective locality.

● The Contractor is required to ensure good stewardship of travel funds and shall seek rates lower than the approved FTR lodging rates whenever possible.

● The Contractor shall locate and utilize the airport that will provide the lowest total cost of travel possible.

● The Contractor is required to submit a cost benefit analysis to support any travel prior to incurring travel expenses to the COR [this documentation shall also be submitted with the Contractor’s invoice].

● Excessive travel costs shall not be allowed.

In the event lodging is not available at the published lodging rates (or below the published rates), the Contractor shall request approval by submitting a complete explanation of the circumstances in advance of the travel dates, and the backup documentation from at least three (3) lodging facilities in the TDY location to substantiate the unavailability claim form, directly to the CO. Travel charges over-and-above allowable lodging rates and/or per diem without proper approval and support documentation from three

(3) lodging facilities, shall be paid at the expense of the Contractor. The Contractor shall make every effort to save Government dollars, to stay at hotels that are below the Government rate, negotiate the lowest airfares and car rentals, and shall plan travel in as far advance as possible.

2.19.2 Travel Reports

For all travel required under the terms of this PWS, the contractor shall include in the monthly status report all completed travel when requested by the COR and/or PCO. Trip information shall include personnel traveled, dates traveled, destinations, purpose of trip.

2.20 Organizational Conflict of Interest

(a) Organizational Conflict of Interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. Offeror as used in this solicitation section addressing OCI shall include all vendors that the company submitting this proposal has entered into a Contractor teaming agreement or prime subcontractor relationship within connection with its proposal submission for this acquisition.

NOTE: A Contractor that gains access to proprietary information of other companies in performing services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. The PCO shall obtain copies of these agreements and ensure that they are properly executed (FAR 9.505-4(b)).

(b) If the Offeror is currently providing support or anticipates providing support to the Government that presents an actual or potential OCI with the requirements for this acquisition, the Offeror warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any proprietary information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g. where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of one year after completion of performance on this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any Subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph

(d).

(d) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest; it shall make immediate and full disclosure in writing to the PCO. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action, which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the CO in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined that the OCI cannot be effectively avoided, mitigated or neutralized.

(e) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the PCO, the Government may terminate this contract for default.

(f) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default.

(g) The PCO’s decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final and is not subject to the clause of this contract entitled “DISPUTES” as included in FAR 52.212-4(d).

2.21 Approval for Material/Hardware/ODC and Ancillary Supply and/or Service Purchases The Contractor shall provide materials/hardware/ODCs or ancillary supplies and/or services for the purpose of executing contract requirements. The Contractor shall use their own work force to procure any necessary materials/hardware/ODCs required for the performance of the contract.

Before an ODC may be included in the awarded contract, the ODC must satisfy the criteria expressed in the scope of the contract and be critical to the scope of the services being provided. ODCs may be procured via subcontracting efforts, which are managed by the prime Contractor.

The COR shall approve all ODC requests. Prior to purchasing ODCs, the Contractor must use the CTP Form (Attachment TBD) to obtain authorization and approval. If ODC requirements are not approved in advance of the purchase, the Government will not reimburse for the ODC expenses.

2.22 Government Furnished Equipment (GFE)/Government Furnished Property (GFP) The Government will make available the materials, security containers and safes, office space and furnishings, information technology, communications capability including network access (DISS/SIPR/NIPR), consumables, forms unique to the Government, and information for use by the Contractor in the performance of this contract.

NAVSEA PEO IWS 4.0 requires the use of Government transportation on US Military Installations in Japan and off-base in Japan for the work associated with this PWS. The Government will provide a US Government issued vehicle in support of this effort and appropriate endorsement in the SPOT LOA for issuance of the appropriate US Government Motor Vehicle Operator’s License. Government personnel, as well as the assigned Contractor, are authorized to drive the vehicle on behalf of PEO IWS 4.0.

2.23 Government Property (GP)

For contracts awarded under this contract, Government property matters shall follow the same policies and procedures for Government Property under FAR Part 45, Government Property and other applicable agency specific regulatory supplements.

Unless otherwise specified in a contract, the Contractor shall provide all office equipment, materials, labor, ancillary products/services, and consumable supplies at the Contractor’s sole and exclusive expense, including computers/workstations used in daily operation in support of this contract.

2.24 Contractor Furnished Items and Responsibilities

The Contractor shall furnish all supplies, equipment, facilities, and services required to satisfactorily perform work required in accordance with the PWS.

2.25 Other Considerations

Accomplishment of all work included in this Performance Based Statement of Work will require the resultant awardee to coordinate with and work cohesively with other Contractors on site. The awardee shall work with all other onsite Contractors to develop work schedules that will ensure all work under this contract is completed by the specified ultimate completion date in the most efficient manner possible. The Contractor shall arrange their crew’s schedule, and perform this work so as not to interfere with operations of the Government and the operations of other Contractors. The Government is not responsible for, nor is it responsible for paying for, delays caused by a lack of coordination with other Contractors or Subcontractors. The Government will not pay for delays or other damages due to lack of coordination with other onsite Contractors and Subcontractors.

If the PCO determines that the Contractor is failing to coordinate their work with the work of other Contractors as directed, they may upon written notice:

(a) Withhold any payment otherwise due hereunder until directions are complied with by the Contractor.

(b) Direct others to perform portions of the contract and charge cost of work to contract amount.

(c) Terminate any and all portions of contract for his failure to perform in accordance with contract.

Failure to work cooperatively and cohesively with other Contractors on site will result in the occurrence being documented on the Contractor’s Performance Assessment Report, which could have a negative impact on winning future work where Past Performance is an evaluation factor.

The Contracting Officer may consider time extensions and equitable adjustments only if he/she can determine the delays effecting the ultimate completion date were solely caused by the Federal Government.

2.26 Ethics and Conduct

Personal services are not authorized under the terms of this contract. This contract is strictly a non-personal services contract which means the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The Contractor and its employees must conduct themselves with the highest degree of integrity and honesty and adhere to the policies and procedures as specified in FAR Part 3.

2.27 Privacy Act

Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

2.28 Records/Data

All software (databases/code) produced at the request of the Client becomes the sole property of the United States Government

All deliverables become the sole property of the United States Government. The Government, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the Government and documentation thereof, reports and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright.