MFF Program Manager PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Military Free Fall (MFF) Program Manager (PM)

Part I

General Information

1. GENERAL: This is a non-personal services contract to provide a MFF PM and subject matter expert (SME) in support of the Commander for the purposes of supporting oversight and administrative management of all assigned

MFF Parachutists, Jumpmasters, Instructors, Instructor Candidates, Military Tandem Masters, and Military Tandem

Instructors. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for

Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform MFF

PM duties as defined in this (PWS), except for those items specified as government furnished property and services.

The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.1.1. The Contractor MFF PM shall oversee and support high-risk Special Operations parachute training for operations, direct support, and general support personnel assigned to or attached to the organization. The PM will formulate, coordinate, direct, and execute daily work assignments, training classes, training exercises, class room equipment, and material. The Contract MFF PM shall support development of policies and guidance as established the by Commander and shall advise elements in development of critical combat tasks and Tactics, Techniques, and

Procedures (TTPs) as applicable to airborne infiltration techniques. The Contractor MFF PM shall serve as consultant, researcher, and educator in the field of specialized parachute training and equipment. The Contractor

MFF PM will plan, organize, and conduct individual, joint, and cooperative training events to meet specific airborne infiltration mission requirements in response to a constantly changing combat environment. The Contract MFF PM will plan, coordinate, and conduct educational programs for qualified RRC Rangers and civilians to maintain operational relevance and contemporary training knowledge and skills. The Contractor MFF PM shall instruct on

MFF jumps to include jumping with MFF students, providing instruction through free fall, providing instruction in the vertical wind tunnel, and acting as an additional safety through all training events.

1.2. Background: An organization within the United States Army Operations Command (USASOC) located at Fort

Moore, Georgia. The RRC Commander is responsible for the efficient and effective oversight and administrative management of all assigned MFF training, operations and oversight of all assigned Parachutists; Jumpmasters;

Instructors; Instructor Candidates; Military Tandem Masters; and Military Tandem Instructors. The Commander oversees and directs high-risk, Operations parachute training for operational, direct support, and general support personnel assigned and/or attached. Due to the mission of and the operational training requirements necessary to accomplish the command directed capabilities organic to, a need exists to establish a dedicated contractor MFF PM in order to fulfill the wide-ranging scope of management and technical expertise distinctive to the orgainzation.

1.3. Objectives: The basic service objective includes the following:

1.3.1. The Contractor shall serve as Administrator and Unit Level SME concerning MFF Operations for the

Commander and may often be a contractor-representative in matters of airborne combat infiltration training within the orgaization.

1.3.2. An individual with long-term continuity in a highly demanding and operationally complex Airborne training environment where success means safe and effective proficiency training of Special Operations soldiers, including intense, high-risk MFF operations, is highly desirable.

1.3.3. An individual that has supervised the planning, organization, and training for MFF Instructors, MFF Instructor

Candidates, Tandem Masters, Tandem Instructors, Tandem Examiners, Free Fall Photographers, and unit proficiency training is highly desirable.

1.3.4. The Contractor shall have demonstrated experience working with national-level agencies including, but not limited to the following: the U.S. Parachute Association (USPA); the Parachute Industry Association (PIA); the

Federal Aviation Administration (FAA); and other related industry professionals with relevant application of contemporary MFF training strategies, best courses of action, and /or specific solution sets to complex problems, rapidly changing or emergent parachute technology.

1.3.5. The Contractor shall support oversight and training of a minimum of five unit MFF Instructors, eight MFF

Instructor Candidates, Twelve unit Tandem Masters, three Tandem Instructors, ten Free Fall Photographers, and twenty five MFF Jumpmasters. Contractor support requirements include development and continuous management of internal unit Airborne SOPs and specialized training procedure documentation.

1.3.6. The Contractor shall assist the unit Combat Development Directorate in matters pertaining to New Equipment

Training (NET) and sustainment/proficiency training for newly developed and fielded parachute systems and related equipment. The Contractor shall address issues of interrelatedness and overlap between these areas and must be familiar with all DOD and non-standard parachute systems and ancillary equipment available within the Services and Joint Special Operations Force (SOF) components (USASOC, NAVSPECWARCOM, AFSOC, MARSOC).

The contractor shall demonstrate experience as a SME on all aspects of the 75th MFF operation mission sets and shall participate in command sponsored working groups to support RRC airborne training requirements from the operational and sustainment training perspective. Contractor shall demonstrate within their proposal and all MFF related developmental program support with examples of resolving difficult issues and challenges requiring creativity, innovation, and practical application of common sense that were employed in order to successfully integrate training requirements. The Contractor shall support RRC in budget/Program objective Memorandum

(POM) submissions.

1.3.7. The contractor shall establish personal contacts with directorate chiefs and senior level managers and commanders within the organization, USASOC, and USSOCOM and directly coordinate MFF course efforts with agency heads from DOD organizations as well as with other U.S. Government Agencies. The contractor shall have experience within the last 12-24 months of demonstrated past performance coordinating with USSOCOM Service

Components, Service Centers and Schools, and other U.S. Government Agencies providing critical staff input and analysis, identification and resolution of issues, exchange of information, and demonstrated coordination of work efforts related to MFF administration and SME advice. Contractor shall demonstrate past performance employing sound judgment and tactful persuasion to identify and correct problems, resolve conflicting opinions, and support the Command position in the process. The contractor may represent the activity at meetings and conferences conducted with USASOC, USSOCOM, the Service Components, and other Government Agencies. Therefore, demonstrated past performance within the previous 12-24 months of personal coordination and contact with U.S.

Government officials is required that demonstrate the contractor’s ability and experience providing classified program update briefings for those activities as supported by and/or coordinated with the organization.

1.3.8. Contractor shall possess an active / current High Altitude Physiological School (HAPS) training certification / card as well as an active / current Class III Flight Physical or equivalent. Physical requirements include frequent on-site training support, to include conducting Military Freefall operations in a field environment necessitating prolonged standing, walking, climbing, bending, crouching, stretching, reaching and other physical movements. The contractor shall, on occasion, be required to traverse rough and irregular terrain, as well as be capable of lifting 50 lbs. overhead. The operational tempo, internal/external duty requirements and the frequent travel requirements are such that short notification and dynamic operational schedules are normal occurrences. Stress is considerable and should be expected. The position is deployable and classified under national security guidelines for deployment of contractor personnel in support of military operations and/or training. The contractor will carry all individual parachute gear and/or combat equipment (approximately 75 lbs.) while walking up to a distance of 1000 meters.

Contractor may need to operate military and commercial vehicles, therefore an active U.S. State-issued driver’s license is required. Contractor shall be able to accept Government Furnished Property (GFP) and/or purchase employer-provided safety equipment as further coordinated with the activity. All contractor-provided equipment must be used and maintained in accordance with specified standards as established by the organization. This contract involves frequent exposure to hazards with specialized military parachuting equipment, weapons, ammunition, explosives, vehicles, high noise levels, operational environments, and adverse weather conditions. Work periodically requires conducting Operational Testing and Evaluation (OT&E) and Training in field conditions for extended periods and may involve travel to hazardous duty areas to perform on site evaluations. Temporary duty travel and assignments are short in duration but frequent; up to 100 days total per year.

1.4. Scope: Services include providing SME, MFF administration, and/or technical advice to the Commander.

Contractor services shall be under the general requirements guidance and broadly stated objectives wherein the

Contractor plans, schedules, and executes coordination and tasks independently, including development and definition of major and critical technical approaches to accomplish RRC stated goals and objectives. The work requires strong initiative, innovative techniques and practices that require an individual with extensive experience with MFF requirements, methods, and procedures. The Contractor shall keep the RRC Commander informed of progress on work assignments and recommend courses of action focused on the attainment of objectives and compliance with policies and applicable regulations.

1.5. Period of Performance: The period of performance shall be for one (1) Base year of 12 months and four (4) 12-month option years.

Base Year begins January 2024.

1.6. General Information

1.6.1. Quality Control: The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure that services are performed in accordance with this PWS and associated support requirements. The

Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they assure RRC that all work complies with the requirement of the contract. The QCP shall be in writing and shall be submitted to the Contracting Officer (KO) and Contracting

Officer’s Representative (COR) via electronic mail or U.S. Postal Service within ten (10) workdays after contract award. Format will be Microsoft Word document. Any changes to the QCP will be provided to the KO and COR within 5 working days. After acceptance of the QCP, the Contractor shall obtain the KO’s acceptance in writing of any proposed change to his QC system.

1.6.1.1. Upon request from the COR, the Contractor shall provide all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

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

When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Property Management System: The Contractor shall establish a system to manage Government Furnished

Equipment (GFE) in its possession to control, use, preserve, protect, repair and maintain. The Property Management

System (PMS) must be adequate to satisfy the requirements of Property Management in accordance with (IAW)

FAR clause 52.245-1 Government Property.

1.6.3. Recognized Federal Holidays: The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The recognized federal holidays include:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

Washington’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.4. Hours of Operation: Due to training events in addition to normal workdays, there is no set schedule for the contractor. The Contractor must be able to attend MFF courses run by the Military, in addition to off-post training conducted by RRC. Night times are frequently conducted, so the Contractor must be flexible with their schedule.

Every effort will be made to restrict contractor hours to 8hrs/day; however, training will always take priority and there will be time on the back end for the Contractor to be compensated. Work hours are defined as working with

RRC, as opposed to travelling to a location. While back at Fort Moore, GA, not conducting training, the Contractor will work normal business hours, 8 AM – 5 PM unless he is on compensation that can only be authorized by the

COR. On Federal holidays or when the government facility is closed, the Contractor is not required to work except in training situation. The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract.

1.6.5. Place of Performance: Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at the location determined by the RRC Commander, but is currently centered in Fort Moore, GA. Should the RRC Commander direct it, some or all the training may be conducted at various locations throughout the world.

1.6.6. Security Requirements: Contractor personnel shall have a secret clearance at time of award and must maintain the level of security required for the duration of the contract. The security requirements are in accordance with the attached DD254. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW DODD 8570.

1.6.6.1. The overall classification required for this requirement is UNCLASSIFIED

1.6.6.2. This contract does not require the Contractor to have access to Communication Security Information.

1.6.6.3. This contract does not require use of COMSEC key.

1.6.6.4. This contract does not require a COMSEC Account.

1.6.6.5. This contract does require the Contractor access to Sensitive Compartmented Information (SCI).

1.6.6.6. This contract does require the Contractor access to Controlled Unclassified Information (CUI) information.

1.6.6.7. This contract does require the Contractor to access to North Atlantic Treaty Organization (NATO) information.

1.6.6.8. This contract does require the Contractor access to ALTERNATIVE Compensatory Control Measures

(ACCM).

1.6.6.9. This contract does require the Contractor access to the following government networks:

Enterprise NIPRNET

Enterprise SIPRNET

JIANT

ACCM/FP Network

SCI Network

1.6.6.10. This contract does require the Contractor the use of a contractor-owned computer at exercise locations. The

Contractor will not be processing ACCM or SCI information at their facility.

1.6.6.11. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7. Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the

Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The

Contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO and COR.

1.6.7.1. In the event keys other than master keys are lost or duplicated, the Contractor shall, upon direction of the

KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2. The Contractor shall prohibit the use of Government issued keys by any persons other than Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.6.7.3. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.6.8. Special Qualifications.

1.6.8.1. General

1.6.8.1.1. The Contractor is cautioned that off duty active military personnel hired under this contract may be subject to permanent change of station (PCS), change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

1.6.8.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.6.8.1.3. Contractor personnel performing work under this contract shall be U.S. citizens.

1.6.8.1.4. Access and General Protection/Security Policy and Procedures: All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall comply with applicable security policies and procedures (provided by the government representative). This includes policies pertaining to the use or prohibition of electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a Government Installation, the Contractor must obtain written permission from the Senior Commander. The contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should Force Protection

Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes.

1.6.8.1.5. Anti-Terrorism (AT) Program

1.6.8.1.5.1. Anti-Terrorism (AT) Level I Training: All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall complete AT Level I

Awareness Training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contract employee and subcontract employee to the COR (or to the contracting officer, if a COR is not assigned) within 90 calendar days after completion of the training by all employees and subcontractor personnel.

This is an annual training requirement. AT Level I training is available at:

https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam.

1.6.8.1.5.2. AT awareness training for US based contractor personnel traveling overseas. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within XX calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within XX calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil.

1.6.8.1.5.3. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of

Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

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

Office of Personnel Management.

1.6.8.1.5.5. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. The contractor and all associated subcontractors shall brief all employees on the local iWATCH Army program (training standards provided by the requiring activity ATO).

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within XX calendar days of contract award and within YY calendar days of new employees commencing performance, with the results reported to the COR NLT XX calendar days after contract award.

https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam http://jko.jten.mil/

1.6.8.1.5.6. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to Government information systems. All contractor employees with access to a Government info system must be registered in the ATCTS at commencement of services and must successfully complete the DoD

Information Assurance Awareness prior to access to the information system and annually thereafter.

1.6.8.1.5.7. For contracts that require OPSEC Training. Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

1.6.8.1.5.8. For IA/IT training. All contractor employees and associated subcontractor employees must complete the

DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-

M, and AR 25-2 within six months of appointment to IA/IT functions.

1.6.8.1.5.9. For contracts that require handling or access to classified information. Contractor shall comply with

FAR 52.204‑2, Security Requirements. This clause involves access to information classified “Confidential,”

“Secret,” or “Top Secret” and requires contractors to comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) any revisions to DoD

5220.22-M, notice of which has been furnished to the contractor.

1.6.8.1.5.10. Controlled Unclassified Information (CUI). Include DFARS clause 252.204-7012, which requires the contractor to comply with NIST 800-171. Also include DFARS provision 252.204-2019 into solicitations.

Acquisition officials should follow procedures outlined in DFARS 204.73 and verify vendors have an adequate

NIST SP 800-171 summary assessment score within the Supplier Performance Risk System (within PIEE). If the score doesn’t show a medium- or high-level assessment with a score of 110 or better (as described in the “NIST SP

800-171 DoD Assessment Methodology”), include clause 252.204-7020 and obtain the vendor’s “system security plan” and “plan of action” for NIST SP 800-171 verification and assurance by Army security officials.

1.6.8.1.5.11. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12

Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a

CI agent or other trainer as specified in 2-4b.

1.6.8.2. Other Qualifications:

1.6.8.2.1 Graduate of the MFF Parachutist Course at an accredited course by the United States Army John F.

Kennedy Special Warfare Center and School (SWCS). Documentation required.

1.6.8.2.2. Graduate of the MFF Jumpmaster Course at an accredited course by SWCS. Documentation required.

1.6.8.2.3. Graduate of the Joint MFF Tandem Course. Documentation required.

1.6.8.2.4 Current HAPS training certificate. Documentation required.

1.6.8.2.5. The Contractor must have experience in instructing at the Joint MFF Basic Course, the Joint MFF Tandem

Master Course, and the Joint MFF Instructor Rating Course.

1.6.8.2.6 The Contractor maintain a TOP SECRET clearance with SCI eligibility (TS/SCI). These security requirements are in accordance with the DD254 and are firm.

1.6.8.2.7. The Contractor shall possess a U.S. passport and all appropriate visas required to conduct assigned overseas missions.

1.6.8.2.8 The Contractor shall possess a valid U.S. (State) driver’s license that must remain valid for the entire contract period.

1.6.8.2.9 The Contractor shall provide examples of complex MFF operations, preferably with RRC, including jumps into unmarked and unknown drop zones within the last five years; night combat equipment with supplemental oxygen; tandem bundle and tandem passenger jumps from altitudes exceeding 14,000’ MSL.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal

Acquisition Regulation (FAR) Subpart 42.5. The KO and/or COR may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO and/or COR 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. These meetings shall be at no additional cost to the Government.

1.6.10. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.11. MFF PM: The MFF PM shall not be added to or removed from the contract without express acknowledgement and approval of the COR. Any changes to the working status the MFF PM shall be transmitted (in writing) to the KO/COR within ten (10) workdays of the proposed change. If, for any reason, the MFF PM becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination.

1.6.11.1. Medical/Dental Requirements

1.6.11.1.1. All individual Contract personnel’s medical and dental care shall be the responsibility of the Contractor.

1.6.11.1.2. If Contract personnel are evacuated because of hostile action, the U.S. Government will provide transportation to the nearest U.S. Military installation that can perform treatment. The Contract shall reimburse the

U.S. Government for the cost of treatment only.

1.6.11.1.3. If Contract personnel are pronounced medically unfit to return to duty, the vendor shall replace them within 30 calendar days after notification, with the same qualifications and skills.

1.6.11.1.4. Contractor shall ensure, and provide verification upon request of USSOCOM, that all personnel are currently medically fit for the contracted requirements.

1.6.12. Contractor personnel shall be required to obtain a CAC at least ten (10) workdays prior to start of base contract period or prior to performance under this contract, whichever comes first.

1.6.13. The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The

CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.6.14. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to always present a professional appearance.

1.6.15. Contractor Travel:

1.6.15.1. Contractor will be required to travel CONUS and/or OCONUS for the performance of this contract. The

Contractor may be required to travel while in the host country to attend meetings and training locations within the host nation. Contractor will be authorized travel expenses consistent with the provisions of FAR 31.205-46 Travel

Costs and the limitation of funds specified at the contract level. All travel requires Government approval/authorization and notification to the COR.

1.6.15.2 Passport / VISAs: The Contractor employees must be able to obtain a valid U.S. Passport. Contractors are responsible for visas and work permits of the host nation.

1.6.15.3. Anticipated Locations / Frequency: The following locations and trip frequencies are anticipated in support of this contract. The CONUS trips only are noted – OCONUS trips will be coordinated and planned with the contractor on an “as-required” basis following contract award and at additional cost. The contractor shall provide estimated pricing for each location, as noted below, as an inclusion within their price volume. Note that the information provided, below, is for planning purposes only and for estimation of pricing – actual locations / number of trips / number of days per trip are to be determined in direct coordination with the RRC:

Location Number of Trips Per

Year

Number Days Per

Trip

Total Days

Per Year

AZ 6 16 96

MA 2 5 10

NC 4 5 20

FL 1 10 10

Other (TBD) 2 10 20

Totals 15 Trips per Year 10.4 Days per Trip 156 days per year

1.6.16. Other Direct Costs (ODC): Contractor will provide ODC requirements. This category may include travel, reproduction, purchase of items necessary to accomplish the mission outlined in the contract, shipping, non-exempt tariffs charged by the purchasing/beneficiary country and visits to contractor facilities. All ODC will be approved by the COR. The COR is responsible for maintaining a record of all items purchased and will maintain accountability with the Contractor. All equipment procured will be passed through the RSTB Property Book Office

(PBO), RRC Executive Officer, and COR for their discretion on whether the items will be added to the Unit hand receipt.

1.6.17. Organizational Conflict of Interest: The provisions of FAR Subpart 9.5, Organizational and Consultant

Conflicts of Interest, concerning organizational conflicts of interest govern this contract. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such

OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

ORGANIZATIONAL CONFLICT OF INTEREST

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition.

(2) The contractor's objectivity and judgment are not biased because of its present or future interests

(financial, contractual, organizational, or otherwise) which relate to work performed under this contract

(3) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others

b. Definitions.

(1) The term “contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of

Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components. (FAR 9.505-1).

(2) The contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant. (FAR 9.505-2).

(3) The contractor agrees that it will neither evaluate nor advise the Government regarding its own products or activities. The contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors. (FAR 9.505-3).

(4) The contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. (FAR

9.505-4). In addition, the contractor agrees to protect the proprietary information of other organizations disclosed to the contractor during performance of this contract with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. The contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The contractor shall provide copies of such agreements to the Contracting Officer.

(5) If the contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

e. Non-Disclosure Agreements. The contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4 so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the contractor's employees who have a need to know, and the U.S. Government.

g. Subcontracts. The contractor agrees that it will include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "subcontractor" for the word "contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. Regarding any proposal submitted by the contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting

Officers for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5 have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

(2) The contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting

Officer. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the

Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the contractor may at any time seek a waiver from the Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. (FAR 9.503).

1.6.17.1. Non-Disclosure: In addition to any organizational conflict of interest provisions of this contract and resulting work, Contractor employees assigned to this project will be required, prior to working, to sign a non-disclosure statement for the Government agreeing not to share any information or data with other Contractor personnel not assigned to the project, or, if assigned to the project, who has not signed a non-disclosure statement.

The signed non-disclosure statement shall be furnished to the Contracting Officer prior to contract…