MCAAP LMR PWS FY25.pdf

McAlester Army Ammunition Plant (MCAAP) Mission Critical Land Mobile Radio (LMR) Communications System,

1. Scope

McAlester Army Ammunition Plant requests to award a sole-source contract under the authority 41 U.S.C. 1901(e)(2), 10 U.S.C. 2304(f), and FAR 13.106-1(b)(1) – Simplified Acquisition Procedures to L3 Harris Technologies, Inc., located at 221 Jefferson Ridge Parkway, Lynchburg, VA, 24501. The contractor shall provide the Network Enterprise Center at McAlester Army Ammunition Plant, LMR Systems Support, which consists of Support, Maintenance, Hardware, Software and Preventative Maintenance.

2. Applicable Documents

Completed statement of non-availability

ITAS Waiver

Urgency and Safety Life Issues memo

Command approval

Managed Services Plan Pricing

Managed Services Plan Technical

3. Acronyms and Definitions

LMR Land Mobile Radio

ATO Authority to Operate

FSO Facility Security Officer

KO Contracting Officer

SMT System Management Terminals

NRC Network Enterprise Center

MCAAP McAlester Army Ammunition Plant

SMS Software Managed Services

POC Point of Contact

SUMS Security Update Management Services

VSS VIDA Secure Sentry Services

PTS Premium Technical Support

TAC Technical Assistance Center

MC Mission Critical

NIST US Government’s National Institute of Standards and Technology

PTT Premium Tech Tool

OEM Original Equipment Manufacturer

4. Requirements

McAlester Army Ammunition Plant (MCAAP) requires onsite Maintenance of our LMR System. Requires the coverage of all radio systems, operations management system, performance and maintenance of the LMR System. (i.e. Radios, Proprietary programming, Towers, Proprietary Software, License renewals, voice-data, Logging Recorder, calibrate, warranty, to include Refresh (Install) of logging recorder). Requires the proper hardware and software necessary for MCAAP’s certified Authority to Operate (ATO) according to Army regulations and policy compliance.

Required to provide the Land Mobile Radio (LMR) System 24/7 (24 hours a day, 7 days a week, 365 days a year, including holidays), response within 2 hours telephonically and 4 hours on location upon notification by the Government for system failures.

Contractors shall provide support that includes software support, Information Assurance support, and maintenance of all infrastructure.

Contractors shall provide all qualified personnel, material, tools, test equipment, and other items necessary to perform troubleshooting, repair, preventive maintenance, and all operational checks and adjustments required to accomplish this service.

Services vary and are not inclusive. Require implementation, migration, warranty and post warranty maintenance. Requires rapid/quick response on-site, component swap and/or replacement of product (24x7x365). To include Major system failure, Minor system failure and non-emergency failure support. Requires Contractor to self-maintenance, manufacturer support, supplemental maintenance services or outsourcing. Require Technical Support, corrective, standard repair and preventive maintenance techniques for peak performance. Require written summarization of Hardware/Software completed work, issue, and resolution upon request.

Some equipment requires configuration, programming, software version, new release and updates, calibration and testing. Contractor provides the required subscription, license renewals to include 3rd party if necessary. Must operate in peak/optimal performance.

Required software maintenance. Contractor shall provide a software support agreement which will allow Network Enterprise Center (NEC) access to the latest software releases to keep the system current and within boundary. This may include performance enhancements, new features, or optional features. Require the contractor to make available the information regarding software releases to NEC no less than once per quarter. The contractor shall provide additional software releases and enhancement information to the NEC upon request.

Required system patches and updates. Require the contractor to provide patches and updates as part of the maintenance support. Contractor shall validate all operating system patches, updates, technical bulletins, and security alerts for all components (including third party) in the Contractor’s Baseline ACE LMR System. Requires the contractor to provide license and maintenance renewals of third-party software and hardware. Contractor shall be responsible for obtaining the latest anti-virus definition files and evaluate the file against the Baseline ACE LMR System. Contractor shall be responsible to monitor the Army Information Assurance Vulnerability Alerts (IAVA) and evaluate the IAVA against the Baseline ACE LMR System to include operating systems, network components, databases, web servers, and security components etc. and deliver and implement each update onto applicable ACE LMR System components throughout the system lifecycle. Require the contractors update to occur on a quarterly basis, or as required by the Department of the Army at a minimum; however, the Contractor shall obtain, evaluate, deliver, and implement applicable updates more frequently should update sources indicate a particular update requirement to be high priority (e.g., required response to a significant virus or denial of service attack).

Require the contractor to provide patches and updates as part of the maintenance support for a L3Harris 10A.7 System. Contractor shall validate all operating system patches, updates, technical bulletins, and security alerts for all components (including third party) in the Contractor’s Baseline ACE LMR System to include providing Security Update Management Services+ (SUMS+), Software Managed Service (SMS), and VIDA Secure Sentry (VSS). Require the contractor to provide license and maintenance renewals of third-party software and hardware. Requires the contractor to provide support for EXACOM voice logging recorders to include maintenance, software/cyber updates, and required server upgrades as required.

Require Infrastructure maintenance. Require the contractor to provide support, have working knowledge, and required certifications for the Network Enterprise Center in management, operations and maintenance of the Army ACE L3Harris 10A.7 LMR System. Require the contractor to coordinate with the NEC Point of Contact. Require the contractor to provide services to include installing, configuring, monitoring, troubleshooting, replacing and repairing LMR equipment, network equipment and software. Services shall also include the removal, installation, relocation, programming changes and modification to ensure overall equipment operation is within or exceeding manufacturer’s operating specifications of the ACE LMR System, Symphony dispatch consoles, and System Management Terminals (SMT). Contractor shall provide 3rd party Technical Assistance Center (TAC) for technical support, account maintenance, emergency off-air calls, non-emergency calls, resolution to issues and the repair and return (RMA) for infrastructure, dispatch, and site equipment. Require the contractor to perform semiannual system preventive maintenance and analysis to keep the system working at an optimum level and at factory specifications, which shall include system testing, alignment checks, and equipment cleaning procedures. Require the contractor to provide operational testing and alignment, to include antenna and cabling as applicable, on infrastructure and fixed network equipment to ensure the equipment meets original manufacturer’s specifications. The Contractor shall remove any oil, dust, and/or foreign substances from the equipment, clean filters, if applicable, perform corrosion control, measure, record, align, and make all applicable equipment parameter adjustments, to include frequency modulation in accordance with best commercial practices.

Require the contractor to ensure the first preventive maintenance inspection occurs upon acceptance of the maintenance contract and semi-annually from the anniversary date thereafter. Contractor will ensure the preventative maintenance activities are documented and a copy emailed to the COR and delivered to the NEC POC no later than 30 days after the preventative maintenance is performed. A minimum of activities should include:

Transmit Frequency

Deviation

Transmitter Power

Reflected Power in Antenna line (VSWR)

Combiners and circulator loss

Receive Sensitivity

Audio Output Levels

Requires experience and certification on the equipment and software for Radio Systems. Requires experienced/master certified technicians with equipment and software to be low risk to MCAAP’s mission. The required certification and experience ensure no interruptions and will continue operations with a highly reliable critical communications LMR radio system.

Repair Qualifications. Contractor personnel shall be fully qualified to service, maintain, and install equipment. The Contractor shall state the credentials of the personnel proposed. The Contractor shall ensure that all maintenance personnel assigned to this effort have a current IT Level II Access investigation or equivalent as described in AR 25-2 and DoDD 8570.01. The Contractor shall ensure proper forms are completed by the Contractor Facility Security Officer (FSO) and submitted to the Contracting Officer (KO) after contract award for verification. A Government escort will be available for all temporary LMR maintenance personnel.

Test Equipment. The Contractor shall have sufficient and appropriate test equipment to ensure swift and effective adjustment and repair of radios and fixed equipment. The Contractor shall ensure the test equipment meets all requirements of the FCC and manufacturer’s recommendations.

Spare Parts. The Contractor shall ensure a sufficient supply of spare parts are maintained by the Contractor to allow immediate restoration of operations of the system infrastructure. If these parts are consumed, the Contractor shall ensure replacement stock is available via emergency request and Next Flight Out airfreight shipments within twenty-four hours of the equipment failure.

Warranty. The Contractor shall ensure all repairs carry a standard 90-day warranty.

Required to follow US Government and Army regulations, policies and procedures. ((i.e.

all NIST, STIGs, CORA, SCRUM, security updates, patches, software, etc. must be provided by L3Harris and approved by Defense Systems Information Agency prior to implementation / installation) At this time, ONLY L3Haris is approved to provide these services (by Army Cyber Command and DISA)).

We’re being allowed to utilize the ACE contract’s current pricing until 31 Dec 2024.

Contract period of performance is a base year, four option years, and a six-month additional period in accordance with FAR 52.217-8 as follows:

Require Base and first year system maintenance agreement at $320,986K.

Require Second option year at $239,794K.

Require third option year at $245,045K.

Require a system refresh the fourth option year at $431,831K.

Require fifth option year at $255,896K.

Require Base and 4 years for a total of 5 years at a total of $1,493,552.00.

Base LMR 5yr Maintenance $320,986

Year 1 OY2 $239,794

Year 2 OY3 $245,045

Year 3 OY4 Refresh $431,831

Year 4 OY5 $255,896

Since trunked radio equipment is by nature, proprietary, this would be a sole source acquisition with L3 Harris. L3 Harris submitted a pricing proposal package. L3 Harris will honor the existing pricing proposal until 30 Dec 2024, afterwards will go back to L3 Harris contracting for review and reflect new pricing, expecting a 30% increase in materials due to recent and current events (pandemic, etc.) beyond our control.

Required system refresh is to bring all the existing infrastructure up to the current Army / JDIC required standards, including hardware, software, security, etc. It will also join our current standalone LMR system into the army wide ACE program, with associated benefits of patches, security updates, Tech support, etc.

CUI

Deputy Chief of Staff, G-6

DEPARTMENT OF THE ARMY

DEPUTY CHIEF OF STAFF, G-6

107 ARMY PENTAGON

WASHINGTON DC 20310-0107

DANI-ZA 11/07/2024

MEMORANDUM FOR U.S. ARMY MATERIEL COMMAND, 4400 MARTIN ROAD,

REDSTONE ARSENAL, AL 35898-5000

SUBJECT: Radio 5yr Maint & Refresh

Controlled by: US Army Controlled by: HQDA Deputy Chief of Staff G-6 CUI Category: Materiel, Armaments, Vehicles, Equipment, & Munitions Distribution/Dissemination Control: FEDCON (Federal Employees and Contractors Only (FEDCON)) POC: G-6, HQDA; usarmy.pentagon.hqda-cio-g-6.mbx.itas@mail.mil

Line Item # Category Sub Category Vendor Comments Product Name UC

APL

Quantity Unit Cost

(in Dollars) Line Cost

(in Dollars) 1 Services (OC 25) Equipment Maintenance L3 HARRIS

TECHNOLOGIES INC

Base NEC LMR Maintenance No 1 320,986 320,986

Total Line Item Cost (in Dollars): 320,986

1. Reference approval by, MR James Mark, 11/07/2024, subject: Radio 5yr Maint & Refresh

2. The Army Deputy Chief of Staff (DCS), G6 has validated the subject requirement and this memorandum serves as official approval of the IT Approval System Waiver indicated.

The requesting organization has provided a statement of non availability from the Computer Hardware, Enterprise Software and Solutions (CHESS) office and/or vendor quote for contracted services in accordance with the Secretary of the Army Waiver Process for Commercial-Off-the-Shelf Information Technology (COTS-IT) Procurement Outside the CHESS Program. All procurements for data center/server related hardware, software, and/ or services require this approval memorandum with or without a CHESS statement of non availability. This approval does not constitute an approval or certification of funding.

3. The waiver approval number is 20241003178578312

4. The DCS, G6 points of contact for this matter are Mr. James Mark, 703-692-4519, email: james.n.mark.civ@army.mil; Ms. El Yassmin Ferguson, email:

elyassmin.ferguson2.civ@army.mil; Ms. Lavita Sullivan: 703-545-2822, email:

lavita.d.sullivan.civ@army.mil.

. MARK.JAMES.N.1100915630

Digitally signed by MARK.JAMES.N.1100915630 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MARK.JAMES.N.1100915630

Date: 2024.11.07 19:40:32 -5'00'

For JOHN B. MORRISON, JR.

Lieutenant General, U.S. Army Deputy Chief of Staff, G-6

CUI

McAlester Army Ammunition Plant LMR System, 1 Urgency

We’re soon to expire and won’t have the operational license for ATO Radio system. If we expire, we won’t be able to use the ACE contract pricing. There’s no funding for an increase of funds. Communication may shut down and cause havoc with the radio system. The capabilities will affect everyone on MCAAP, and possible failures will occur or mishaps. We try to prevent a death.

2 Background

The Existing Trunked radio system was awarded via competitive bid and competition went to L3 Harris in 2014 for a cost of $3.8M. This was for one repeater sites, 2 dispatch centers, and the Network core- all meeting Army mandated P25 standards. At today’s pricing it would cost $5M or more to replace it., We had coverage issues around Haywood gate, so an additional repeater site was added ($1.8M). Since repeater sites are proprietary, the additional site support needs to be L3 Harris. A new system with 2 repeater sites from either Motorola or L3 Harris would be approximately $7.5M. Comparison pricing from L3 Harris was obtained from Carl Brewer +1 434 455 9621 / m +1 434 258 1228 L3Harris.com / Carl.Brewer@L3Harris.com . The verbal comparison estimate (for budgetary purposes) was obtained from Steve Powell at Motorola.

(steve.powell@motorolasolutions.com).

All radio users on MCAAP utilize the L3 Harris radio network. A loss of the towers on MCAAP would be catastrophic for the users, affecting first responders, Fire, Security, Shipping, Storage, Production, Shops, Railroad, Transportation, etc. The second tower provides redundant coverage to 90% of the base and allow continuity of operations.

3. Procurement actions

We are currently in the process of exercising an existing ACE contract through PD-LMR with L3 Harris for a system maintenance that will bring our existing L3 Harris system up to current army standards. We’re being allowed to utilize that contracts current pricing. The system maintenance agreement is $320,986, which is significantly cheaper than a new system from either Motorola or Harris would cost.

Since trunked radio equipment is by nature, proprietary, this would be a sole source acquisition with L3 Harris. L3 Harris submitted a pricing proposal package that is significantly discounted over purchasing the system updates and maintenance on a piecemeal basis. L3 Harris will honor the existing pricing proposal until 16 Oct 2024 (when our current agreement ends). Without a verbal commitment, after that date it may go back to L3 Harris contracting for review and reflect new pricing, expecting a 30% increase in materials due to recent current events beyond our control.

The system refresh is to bring all of the existing infrastructure up to current army / JDIC standards, including hardware, software, security, etc. It will also keep our current LMR system mailto:Carl.Brewer@L3Harris.com mailto:steve.powell@motorolasolutions.com in the army wide ACE program, with associated benefits of patches, security updates, Tech support, etc. If it is not concurrent with the refresh, then we will be required to pay for engineering, configuration, and modifications to rejoin / tie it into the ACE program, at a cost of $500K plus obtaining a quote at current pricing.

Authority to Operate (ATO) existing Land Mobile Radio System (LMR).

Our current ATO (License) of the LMR System expires this year-16 Oct 24. To maintain our ATO, our system must be kept to current Army standards, i.e. Switches, Routers, Software, Security Patches, etc. with JITC equipment. This will be accomplished by the System Refresh.

4. Urgency Mission Impact In the event the ATO is not renewed, we would not be permitted to operate our LMR system.

Without a LMR system, MCAAP would not meet Mission Requirements, would be CRITICAL for Fire & Security they wouldn’t be able to function, especially safety and life, It would be critical for the other operations (Railroad, Shipping, Storage, Production) also, and safety would be a high risk issue. Performing the system updates as a separate vs non concurrent action will incur a large expense not covered by allocated funding.

5. Life Safety Issues

We’re also requesting urgency due to the following risk of life safety issues because the current system will not reach from one side of MCAAP to the other.

MCAAP is the US’s largest storage facility, with its own railroad. There are numerous storage locations in areas that have poor radio communications. The railroad engines are only allowed into these area one at a time for safety, as they cannot communicate with each other. This can affect shipping / receiving of munition times. Maintaining the LMR System coverage to these areas, permits multiple RR engines to operate at once. This would allow faster processing of shipments and enable MCAAP to meet/retain its mission requirements as a tier 1 depot.

Communications is Railroad Operations’ primary tool when it comes to safety. Without reliable radio communications between the Rail Ops’ Yardmaster (dispatcher), operating train crews, and Track Maintenance crews, accidents are probable. Due to many blind curves within MCAAP’s 223 miles of track, collisions involving track equipment can easily occur, resulting in bodily injury/death and equipment damage. Track Maintenance crews are required to inform the Yardmaster of their work locations on the track, and intended routes equipment movements are taking. In-turn, the Yardmaster communicates by radio to operating train crews the Track Maintenance crew’s locations and movement intentions. As operating train crews receive work assignments from the Yardmaster, by radio, the receiving crew is informed of other train crews that maybe conflicting the movement. As a train crew leaves a location to travel to another location, the conductor uses the locomotive’s mobile radio to inform the other operating train crews, of his intended route. This safe practice provides heightened visibility with expectation for equipment movement on the track.

The value of good radio transmission and reception for railroad operations cannot be overstated. Maintaining towers at MCAAP alleviates the “dead spot” in that area and enhances the safety factor. Dead spots of radio coverage creates life safety risks for the fire department / security, which the additional tower will eliminate.

The main users are MCAAP’s emergency teams, (first responders, Fire, and Security) this causes the biggest risk. The biggest security issue is the Back gate being most venerable because the radios can’t reach the front to report a breach or other issue.

MCAAP’s other areas such as Shipping, Storage, Production, Shops, and Transportation also use the radios. Currently each department is ensuring or trying to ensure they have some kind of coverage and backup. Failure of service in any of the areas (radio, cell) is a risk of life safety issue. Due to existing high risk of life safety issues with security, personnel safety and equipment we request that the tower addition be expedited.

In the event of an accident, fire, security issue, inclement weather warning, unexpected track hazard, or an illness/injury, good, reliable radio communication is essential.

The Track maintenance crew has already suffered serious accidents resulting in the death of two persons, and critically injuring another. This was DUE TO POOR communications. This occurred in areas without good radio communications. Where a warning could not be given – due to no radio communications. We do NOT want a repeat of that here on MCAAP. This is why we are requesting this to be processed as urgent.

Fire Department Fire Chief Darryl Wagoner

FD Harris Radio Coverage Update Life Safety Issue (UNCLASSIFIED).msg

REQUEST FOR SERVICES CONTRACT APPROVAL FORM

Syr Maintenance Managed Services Plan (L3Harris) Project Name for Contract/Task Order (indicate if this is for Base Year/Option Year/Modification)

McAlester Army Ammo Plant (McAAP) Name of HQDA Principal , Army Command, Army Service Component Command, or Direct Reporting Organization

1 Dec 2024 to 30 Nov 2025 $320986. 1 Dec 2024 to 30 Nov 2029 Dates and Cost of Requested Period of Performance (POP) Contract Duration (base year including option years)

Base Year Cost Option Year I Cost Option Year 2 Cost Option Year 3 Cost Option Year 4 Cost Option Year 5 Cost Total Project Cost

$ 320,986.00 $ 239,794.00 $ 245,045.00 $431,831.00 $ 255,896.00 $ 1,493,552.00

Estimated CFTEs Labor Cost for Requested POP Contract or Deliveryffask Order# Unit Identification Code (U IC) AMSCO MDEP

20240097 W390AA

Justification for Contract (consider the following): 5yr Maintenance Managed Services Plan L3Harris I) Has a Cost-Benefit Analysis been completed? (If yes, please provide the approval date.) And, ifso, has the cost of labor been determined using DoDI 7041.04?

2) Does this contract requirement support a core functionality of your mission or division?

3) Has this mission been mandated by regulation or directed by higher Headquarters?

4) In the event that this contract is not awarded, has the operational impact been considered?

I ACCOU TABLE OFFICIAL DECISIO I

t':,t)l,; I approve and certify that: OR I disapprove.

sign or inifial sign or initial

I) this requirement does not include inherently governmental functions;

2) in the case of work closely associated with inherently governmental functions or non-competitive contracts, special consideration has been given to using Federal Government employees;

3) this requirement does not include unauthorized personal services, either in the way the work statement is written or in the way the contract operates;

4) this contract (check the applicable box):

[{] a) has been reported in the Contract Manpower Reporting Application (CMRA);

Db) has not been reported in CMRA, and an explanation is enclosed;

[{] c) the CMRA reporting requirement has been included in the statement of work for this new requirement;

D d) has not been reported in CMRA, because it is Civil Works funded and is exempt from CMRA reporting;

5) the workload for this requirement has been validated using an accepted form of analysis and the contract requirement has been documented in the Panel for Documentation of Contractors module of CMRA;

6) sufficiently trained and experienced officials (including, but not limited to, Contracting Officer' s Representatives) are available within the agency to manage and oversee the contract administration function and evaluate the contractor work product.

~ . f --~,~~ #0:r lrl nV\., b, l ·"' W f:-..C..,f ( c.,.b

Name I Rank / 1eosition l Sig;(ature

Worksheets prepared by: Coni Fields 1/24/2024 Date

. FIELDS.CONI.L YNN.1053178738 Digitally signed by FI_ELDS.CO Nl.

LYNN.1053178738

Signature: Date . 2024.01 .24 13.44.45 -06 00

.. May 2017 (Prev10us vers10ns are obsolete.) For Official Use Only/Procurement Sens1t1ve Information Page I of 14

INSTRUCTIONS

NARRATIVE DESCRIPTION OF WORK AND JUSTIFICATION

The following rules govern the required use of the certification and worksheets of this Form:

I. The Request for Services Contract Approval (RSCA) Form is required by Army Federal Acquisition Regulation Supplement (AFARS) Subpart 5107.503(e).

2. The most current version of the Form must be used and can be found at:

http:/ /www.asamra.army.mil/scra/documents/RSCA %20V ersion%202. 0.pdf The Form may not be altered in any way; local supplementation is acceptable only when such supplements are used with-and attached to-the Form.

3. The Form is required and must be completed in the following circumstances:

»Before new solicitations are issued or contracts are awarded;

»Before options are exercised;

»Before contracts are modified;

»When each task order/delivery order is issued;

»When funds are added (although the incremental funding of contracts does not require re-submission ofthe form);

»When Army funds are being used to buy contractor labor, regardless of which organization is awarding or administering the contract;

»When Army is the requiring activity, or is the executive agent for the mission/organization requiring the services;

»When Army funds are being transferred to contracts outside of the Department of Defense.

This Form is required for all service contracts, regardless of whether the contracts are enduring, temporary,about to end, funded in the base budget, or funded under Overseas Contingency Operations.

The RSCA form need not be used when options on definite quantity service contracts are exercised, provided that there are no changes in the terms, conditions, scope of work or level of effort and provided that an RSCA form was completed when the contract was originally awarded. However, the RSCA business process must still be used when contracts are modified and when task orders, purchase orders or delivery orders are issued.

4. The RSCA Form is required for all service contracts (see FAR 7.502 Applicability). A "service contract" is for tasks to be performed, rather than supplies to be delivered. The following are not considered services:

»Manufacturing/production contracts;

»Utilities;

»Subscriptions;

»Off-the-shelf software;

»Construction projects funded using Military Construction Army funds (however, repairs, maintenance, construction, and demolition projects that utilize Operations and Maintenance funds do require the Form);

»Help desk and customer service support incidental to equipment or off-the-shelf software purchases;

»Software licensing agreements and updates (customized software development, maintenance, and upgrades, however, are considered services);

»Foreign Military sales/services;

»Manufacturer's warranties (extended maintenance/repair beyond the standard manufacturer's warranty, however, is considered a service);

»Delivery services incidental to a supply purchase.

May 2017 (Previous versions are obsolete.) Page 2 of 14

INSTRUCTIONS

FOR USE OF THE REQUEST FOR SERVICES CONTRACT APPROVAL FORM

5. Certification by the accountable GO/SES at the requiring activity is required.

»For a contract with a total value of less than$ I 00,000 (including all supplies and services, as well as all the option years combined), the accountable GO or SES in a requiring activity may delegate signature authority to a GS-15/O-6.

»For National Guard contracts, the U.S. Property and Fiscal Officer (USPFO) may approve/certify the Form.

»For services to support Courts-Martial, no approval/certification is required, but the Form must still be completed.

Garrison commanders or equivalent at the O-6/GS-15 level are permitted to submit one RSCA form for facility contracts (O&M Funded Maintenance, Repair, and Construction) in conjunction with the garrison's annual work plan for a given year.

6. Worksheet questions should be answered by persons in the requiring activity who know how the contract is administered, how it is performed, and who thoroughly understand the work being performed by the contractor. Worksheet questions should be answered carefully, to ensure that the accountable GO/SES and the contracting officer have all relevant facts to support their decisions and/or certification.

7. Due to congressional moratorium on A-76/ public private competitions, no out-sourcing is currently allowed. If the moratorium on A-76/ public private competitions ends, a streamlined competition is required. Work currently being performed by in-house civilian employees or designated for in-house civilian employee performance may not be directly converted to contractor performance. If law and policy is ever changed to allow direct conversions to contract performance, a cost comparison must still be done under DoDI 7041.04 (Estimating and Comparing the Full Costs of Civilian and Active Duty Military Manpower and Contract Support, 3 July 2013), in order to establish which source of labor is the least costly .

8. For the purposes of the RSCA process, the term "contract" includes the following:

-Intergovernmental support agreements -any contract or agreement between a U.S. Federal government agency and a non-U.S. federal government entity which obligates the seller to furnish services and the buyer to pay for them using appropriated funds.

The term "contract" does not include grants and cooperative agreements pursuant to 31 U.S.C. 6301 et seq.

9. If issues arise regarding the correct use or completion of the Request for Services Contract Approval Form, please contact the Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Force Management, Manpower and Resources, at (703) 693-2 109 or eileen.g.ginsburg.civ@mail.mil.

May 201 7 (Previous versions are obsolete.) Page 3 of 14

WORKSHEET A (1 OF 3)

INHERENTLY GOVERNMENTAL FUNCTIONS

An " inherently governmental function" is one that has been determined to be-through statute or otherwise-a function that must be performed by Government personnel, either civilian or military, and may not be performed by a contractor. All the sections of Worksheet A must be filled out and are designed to help determine whether or not a function is inherently governmental in nature.

Read each question and apply it to the function in question. Answer "Yes" or "No" to the questions that apply below, based on the work statement and the way the contract is performed. A "Yes " response to any of the below indicates that the function must be pe,formed in-house and may not be contracted.

Inherently Governmental

Does the function:

Involve contractors providing legal advice and interpretations of regulations and statutes to Government officials?

Involve the direct conduct of criminal investigations?

Involve the control of prosecutions and performance of adjudicatory functions other than those relating to arbitration or other methods of alternative dispute resolution?

Involve the command of military forces, especially the leadership of military personnel who are members of the combat, combat support, or combat service support role?

Involve the conduct of foreign relations and the determination of foreign policy?

Involve the determination of agency policy, such as-among other things---determining the content and application ofregulations?

Involve the determination of Federal program priorities for budget requests?

Involve the direction and control of Federal employees?

Involve the direction and control of intelligence and counter-intelligence operations?

IO Involve the selection or non-selection of individuals for Federal Government employment, including the interviewing of individuals for employment?

11 Involve the approval of position descriptions and performance standards for Federal employees?

12 Involve the determination of what Government property is to be disposed of and on what terms

I YES I NO

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Z]

□ [Zl

□ [Z]

(although an agency may give contractors authority to dispose of property at prices within specified D [Zl ranges and subject to other reasonable conditions deemed appropriate by the agency)?

13 Involve:

i) Determining what supplies or services are to be acquired by the Government (although an agency may give contractors authority to acquire supplies at prices within specified ranges and subject to other reasonable conditions deemed appropriate by the agency);

ii) Participating as a voting member on any source selection boards;

iii) Approving any contractual document, including documents defining requirements, incentive plans, and evaluation criteria;

May 2017 (Previous versions are obsolete.)

□ [Zl

□ [Zl

□ [Zl

WORKSHEET A (2 OF 3)

Answer "Yes" or "No" to the functions that apply below, based on the work statement and the way the contract is performed.

A "Yes" response to any of the below indicates that the function must be pe,formed in-house and may not be contracted.

Inherently Governmental I YES I NO

Does the function:

13 (continued from the previous page) Involve:

iv) Awarding contracts; □ [Z]

v) Administering contracts (including ordering changes in contract performance or contract

□ [Z] quantities, taking action based on evaluations of contract performance, and accepting or rejecting contractor products or services);

vi) Terminating contracts; □ [Z]

vii) Determining whether contract costs are reasonable, allocable, and allowable; and □ [Z]

viii) Participating as a voting member on performance evaluation boards. □ [Z]

14 Involve the approval of agency responses to Freedom of Information Act (FOIA) requests ( other than routine responses that, because of statute, regulation, or agency policy, do not require the □ [Z] exercise of judgment in determining whether documents are to be released or withheld), and the approval of agency responses to the administrative appeals of denials of FOIA requests?

I 5 Involve the conduct of administrative hearings to determine the eligibility of any person for a security clearance, or involve actions that affect matters of personal reputation or eligibility to □ [Z] participate in Government programs?

16 Involve the approval of Federal licensing actions and inspections? □ [Z] 17 Involve the determination of budget policy, guidance, and strategy? □ [Z] 18 Involve the collection, control , and disbursement of fees , royalties , duties , fines, taxes , and other public funds , unless authorized by statute, such as 31 U.S.C. § 952 (relating to private

□ [Z] collection contractors) and 31 U.S.C. § 3718 (relating to private attorney collection services), but does not include:

i) Collection of fees , fines , penalties, costs, or other charges from visitors to or patrons of mess halls, post or base exchange concessions, national parks, and similar entities or activities, or from

□ [Z] other persons, where the amount to be collected is easi ly calculated or predetermined and the funds collected can be easily controlled using standard case management techniques; and

ii) Routine voucher and invoice examination. □ [Z] 19 Involve the control of the treasury accounts? □ [Z] 20 Involve the administration of public trusts? □ [Z] 2 1 Involve the drafting of Congressional testimony, responses to Congressional correspondence, or agency responses to audit reports from the Inspector General , the Government Accountability □ [Z] Office, or other Federal audit entity?

May 20 17 (Previous versions are obsolete.) Page 5 of 14

WORKSHEET A (3 OF 3)

Answer "Yes" or "No" to the functions that apply below, based on the work statement and the way the contract is performed.

A "Yes " response to any of the below indicates that the f unction must be performed in-house and may not be contracted.

Inherently Governmental I YES I NO

Does the function:

22 Require the exercise of discretion in applying Federal Government Authority? □ [Z] 23 Require the making of value judgments in making decisions for the Federal Government? □ [Z] 24 Require making judgments relating to monetary transactions and entitlements? □ [Z] 25 Involve the interpretation and execution of the laws of the United States so as to bind the US to

□ [Z] take or not take some action by contract, policy, regulation, authorization, order, or otherwise?

26 Involve the interpretation and execution of the laws of the United States to determine, protect, and advance the US ' economic, political , territorial , property, or other interests by military or □ [Z] diplomatic action, civil or criminal judicial proceedings, contract management or otherwise?

27 Involve the interpretation and execution of the laws of the United States to significant affect the

□ [Z] life, liberty, or property of private persons?

28 Involve the interpretation and execution of the laws of the United States to commission, appoint,

□ [Z] direct, or control officers or employees of the United States?

29 Involve the interpretation and execution of the laws of the United States to exert ultimate control over the acquisition, use, or disposition of the property-real or personal , tangible or intangible- □ [Z] of the US, including the collection, control , or disbursement of appropriate or other Federal funds?

30 Involve security operations performed in direct support of combat as part of a larger integrated combat force , or performed in environments where there is significant potential for the security

□ [Z] operations to evolve into combat? (Where the US military is present, the judgment of the military commander should be sought regarding the potential for the operations to evolve into combat.)

31 Involve representation of the Government before administrative and judicial tribunals, unless a

□ [Z] statute expressly authorizes the use4 of attorneys whose services are procured through contract?

32 Involve combat? □ [Z] 33 Involve the interrogation of detainees? (However, some functions in support of interrogation may

□ [Z] be performed by contractors; see item 20 on Worksheet B.)

34 Involve the contractor performing as the effective or de f acto decision-maker? □ [Z]

The above functions/examples are drawn f rom the fo llowing sources: The Federal Activities Inventory Reform (FAIR) Act (31 United States Code (US.C.) Section 501) ; the Federal Acquisition Regulation (FAR) Part 7. 5; and the Office of Federal Procurement Policy (OFPP) Policy Letter 11-01 . -

May 20 17 (Prev ious versions are obso lete.) Page 6 of 14

WORKSHEET B (1 O F 2)

CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS

A "closely associated with inherently governmental function" is one that approaches being inherently governmental in nature because of the nature of the function , the manner in which the contractor performs the contract, or the manner in which the government administers contract performance. A designation of closely associated with inherently governmental does not preclude from contracting for a function, but does require additional oversight, as well as special consideration for in-sourcing.

Pursuant to 10 U.S.C. § 2330a(e), however, reliance on contractors to perform closely associated with inherently governmental functions should be reduced "to the maximum extent practicable. "

Answer "Yes" or "No" to the questions below, based on the work statement and the way the contract is performed.

Closely Associated with Inherently Governmental YES NO

Does the performance involve:

Services that involve or relate to budget preparation, including workload modeling, fact finding,

□ [Z] efficiency studies, and should-cost analyses, etc.?

2 Services that involve or relate to reorganization and planning activities? □ [Z] 3 Services that involve or relate to analyses, feasibility studies, and strategy options to be used by

□ [Z] agency personnel in developing policy?

4 Services that involve or relate to the development of regulations? □ [Z] 5 Services that involve or relate to the evaluation of another contractor' s performance? □ [Z] 6 Services in support of acquisition planning? □ [Z] 7 Contractors providing assistance in contract management (such as where the contractor might

□ [Z] influence official evaluations of other contractors)?

8 Contractors providing technical evaluation of contract proposals? □ [Z] 9 Contractors providing assistance in the development of statements of work? □ [Z] 10 Contractors providing support in preparing responses to Freedom of Information Act requests? □ [Z] 11 Contractors working in any situation that permits or might permit them to gain access to confidential business information and/or any other sensitive information (other than situations □ [Z] covered by the National Industry Security Program described in 4.402(b))?

12 Contractors providing information regarding agency policies or regulations, such as attending conferences on behalf of an agency, conducting community relations campaigns, or conducting □ [Z] agency training courses?

13 Contractors participating in any situation where it might be assumed that they are agency

□ [Z] employees or representatives?

14 Contractors participating as technical advisors to a source selection board or participating as voting

□ [Z] or non-voting members of a source evaluation board?

May 201 7 (Previous versions are obsolete.) Page 7 of 14

WORKSHEET B (2 OF 2)

CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS

Answer "Yes" or "No" to the functions that apply below, based on the work statement and the way the contract is performed.

Closely Associated with Inherently Governmental YES NO

Does the performance involve:

15 Contractors serving as arbitrators or providing alternative methods of dispute resolution? □ [Z] 16 Contractors constructing building or structures intended to be secure from electronic eavesdropping

□ [Z] or other penetration by foreign governments?

17 Contractors providing inspection services? □ [Z] 18 Contractors providing special non-law enforcement, security activities that do not directly involve criminal investigations, such as prisoner detention or transport, and non-military national security

□ [Z] details? (The direction and control of confinement facilities in areas of operations, however, is inherently governmental.)

19 Private security contractors in operational environments overseas? □ [Z] 20 Supporting the interrogation of detainees? (Pursuant to Section 1038 of the National Defense

□ [Z] Authorization Act for Fiscal Year 2010, contractor personnel may not interrogate detainees.)

i) Contractor personnel may be used as linguists, interpreters, report writers, information

□ 0 technology technicians, and may fill other ancillary positions, including trainers of and advisors to interrogators.

ii) Such personnel are subject to the same rules, procedures, and laws pertaining to detainee

□ 0 operations and interrogations as apply to government personnel, and must be properly overseen by Department of Defense military/civilian personnel.

21 Contractors providing combat and security training? □ [Z] 22 Contract logistics support required for weapon systems that deploy with operational units? □ [Z] 23 Work that is at risk of becoming inherently governmental? □ [Z]

Contracting for closely associated with inherently governmental functions is permissible, but levels of oversight must be employed to maintain the appropriateness of the contract. If the answer to any of the prior questions, 1-23, is "Yes" and the answer to any of the following question, 24-26, is "No, '' then the function may not be contracted.

Oversight of Contracted Functions YES NO

24 Is there sufficient organic Government expertise to oversee contractor performance of the contract? [Z] □ 25 Are there sufficient control mechanisms and sufficient numbers of military and civilian employees [Z] □ to ensure that contractors are not performing inherently governmental functions?

26 Is there sufficient COR capability to ensure adequate oversight of contract performance? [Z] □ "Closely associated with inherently governmental " is defined in Title 10, United States Code§ 2383(b) and FAR 7. 503.

Additionally, pursuant to 10 US. C. § 2463, special consideration must be given to in-sourcing closely associated with inherently governmental functions.

On Worksheet H, please document the special consideration you gave to having in-house civilian employees perform the function.

May 2017 (Previous versions are obsolete.)

WORKSHEET C

PERSONAL SERVICES

A "personal services" contract is characterized by "the employer-employee relationship it creates between the Government and the contractor ' s personnel." This occurs when contractor personnel are being treated in a manner akin to that of a Government employee. A contract may involve unauthorized personal services either by its written terms or in the way it is actually performed. Care should be taken to avoid situations that may lend themselves to the performance of personal services (for example, having contractors on-site can lend to a "blended workforce" where contractors work side-by-side with government personnel and are treated in the same way).

Answering "Yes" to questions 2-9 may indicate a personal service and special scrutiny should be given to contracted functions for which any/all such items have been selected in order to avoid a personal services contract. A "Yes" answer to question 1, however, indicates a personal service and precludes contracting for that function . See Worksheet H for further instructions.

Personal Services I YEs I NO

The contractor personnel are subject to the relatively continuous supervision and control of a

□ IZI Governmental officer.

2 The contractor personnel are performing on a Government site. □ IZI 3 The principal tools and equipment are furnished by the Government. IZI □ 4 The services are applied directly to the integral effort of agencies or an organizational subpart in IZI □ furtherance of an assigned function or mission .

5 The need for the service provided can reasonably be expected to last beyond one year. IZI □ 6 The inherent nature of the service, or the manner in which it is provided, reasonably requires

( directly or indirectly) Government direction or supervision of contractor employees in order to :

□ IZI adequately protect the Government's interest; retain control of the function involved; or, retain fu ll personal responsibility for the function supposed in a duly authorized Federal officer or employee.

7 Comparable services meeting comparable needs are performed in this agency or similar agencies

□ IZI using civil-service personnel.

8 The contractor personnel are providing administrative support to Government personnel. □ IZI 9 Government personnel are giving contractor personnel tasks on an ad hoc basis. □ IZI

The questions below detail the situations in which a personal services contract is permissible (pursuant to JO USC § 129b).

Answering "Yes" to any of questions 10-14 indicates the statutory exception that allows a personal services contract. Select "NIA" either if you do not have a personal services contract and/or if none of the exceptions apply.

Exceptions: Authorized Personal Services YES NIA

10 Experts or consultants where the services cannot be adequately provided by the Department. □ IZI 11 Direct support of a defense intelligence component or counter- intelligence organization of the DoD

□ IZI where the services are urgent or unique and cannot be practically obtained within the DoD.

12 Direct support of special operations command where the services are urgent or unique and cannot

□ IZI be practically obtained within the DoD.

13 Services provided by individuals outside the United States regardless of their nationality. □ IZI 14 Carrying out healthcare responsibilities in DoD medical treatment facilities per IO U .S.C. § I 09 I. □ IZI

Personal services are defined in FAR Part 37.104. A contract involving personal services, either by its written terms or in the way it is actually performed, must be modified, in-sourced, or divested, or the functions must be performed in such a way as to avoid creating an employer-employee relationship.

May 201 7 (Previous versions are obsolete.) Page 9 of 14

WORKSHEET D

SPECIAL CONSIDERATIONS

Pursuant to IO U.S.C. § 2463 , special consideration should be given to in-sourcing closely associated with inherently governmental and critical functions . The following items may also be relevant when an agency/organization is considering in-sourcing a function to governmental performance. An answer of either "Yes" or "No" to question I does not preclude contracting. However, an explanation of the special consideration given to in-sourcing must be documented on Worksheet H.

Special Considerations

Has in-sourcing been considered? Special consideration should be given to civilians in the following situations:

i) This function has been performed by DoD civilian employees at any time during the previous ten-year period.

ii) The function is closely associated with the performance of an inherently governmental function (see Worksheet B).

iii) The function is performed pursuant to a contract awarded on a non-competitive basis.

iv) The contracting officer has determined that the contract has been performed poorly because of excessive costs or inferior…