DRAFT PWS 44 MED Maintenance.pdf

PERFORMANCE WORK STATEMENT (44th MED BDE)

Contracted Maintenance Team Part I

General Information

1. GENERAL: This is a non-personal services contract to provide contracted maintenance. The Government will not exercise any supervision or control over the contract service providers performing the services herein. The Government will not assign tasks to, or prepare work schedules for, individual Contractor personnel. 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 contracted maintenance, as defined in this Performance Work Statement (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 shall provide all management, tools, equipment, and labor necessary to ensure that maintenance services are performed. Contractor shall establish a Contact Maintenance Team (CMT) as required by the (44th MED BDE) to provide on and off systems repairs as well as Maintenance due to low usage, Technical Assistance, Technical Inspections (TIs), maintenance services and repairs (scheduled and unscheduled) and Pass Back Request at supported Unit’s Motor Pool as directed by the (44th MED BDE) Government Contracting Officer Representative (COR) and Maintenance Control Section (MCS). The Contractor shall accomplish all maintenance tasks in accordance with (IAW) the established standards and regulatory guidance. The desired goal and result is to ensure all supported equipment remain at a 90% or above readiness rate.

1.2. Background: The supported units do not have authorized 91 series mechanics required to maintain the unit’s organic equipment.

1.3. Scope: The contractor shall provide scheduled and unscheduled maintenance services to units without authorized 91 series mechanics and maintain equipment at a 90% or above readiness rate. The Contractor must provide special tools/equipment to support maintenance services. Contractor will order all supplies and materials required/needed in performance of their task. The contractor shall abide by the Department of the Army (DA) and any additional unit local QA/QC standards.

1.3.1. Services include scheduled and unscheduled maintenance services.

1.3.2. The Contractor shall accomplish maintenance services to achieve equipment readiness rate of 90% or above.

1.4. Type of Contract Contemplated: Firm Fixed Price

1.5. Objectives: The objective of this contract is to establish a maintenance program IAW Army regulatory standards to maintain the supported equipment at a 90% or above readiness rate through the accomplishment of scheduled and unscheduled equipment maintenance services.

1.5.1. Basic Service Objectives:

• Scheduled Services

• Unscheduled Services

• Maintenance Repair Parts – Shop Stock and Bench Stock

• Class III and Fuel

• Equipment License Operation and Dispatching

• Manpower Utilization

1.6. General Information:

1.6.1. Quality Assurance. The Contracting Officer’s Representative (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 IAW the performance standards and contract quality requirements are being met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the Contractor, to ensure they are providing products or services that conform to the contractual requirements. It defines how the performance standards will be enforced, the frequency of surveillance, the minimum acceptable defect rate(s), and deductions applied, if applicable. 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 acknowledges that they have been made aware of the defective performance.

1.6.1.1. Quality Control Plan (QCP). Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services and supplies to the Government. The Contractor shall develop, implement, and maintain a QCP to provide delivery of high-quality service and products IAW the requirements of the contract, applicable laws and regulations, and at or above the standards defined in the Performance Requirements Summary (PRS).

1.6.1.1.1. The Contractor shall submit their QCP to the Contracting Officer (KO) and COR for review within 10 workdays after contract award. The KO and COR will review the Contractor’s QCP and either notify the Contractor in writing of acceptance of the plan or return, with their comments, to the Contractor within 5 workdays. If the Government has provided comments, the Contractor shall then have 5 workdays to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the KOs acceptance in writing. Any proposed changes to the initially accepted QCP are required to be resubmitted for acceptance by the KO no later than (NLT) 3 workdays prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. The basic intent of this plan is that the Contractor is responsible for quality. At a minimum, the QCP shall include and answer all the following to be acceptable:

1.6.1.1.2. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

1.6.1.1.3. How the Contractor will monitor work to ensure their performance complies with all specifications, contract requirements, and all deliverables to include timelines, deadlines, and goals.

1.6.1.1.4. Details how continuous quality improvement will be a sustaining focus throughout the QCP and report monthly via a Process Improvements Tracker (PIT) ongoing initiatives to streamline processes, improve service, and benefits to the Government.

1.6.1.1.5. Contractor’s method of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, analysis of process deficiencies, and problem resolution.

1.6.1.1.6. Deficiency Identification, Prevention and Correction. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

1.6.1.1.6.1. Include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS, without dependence upon Government direction. The Contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable and before they are provided to the Government.

1.6.1.1.7. Address process control and continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification; procedures for root cause analysis; corrective and preventive action procedures to include procedures for addressing Government discovered non-conformances; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.

1.6.1.1.8. How the Contractor will document and enforce quality control operations of both prime Contractor and/or subcontractor work, including inspection and testing. Address the specific tasks or areas to be inspected or tested on a scheduled or unscheduled basis, the manner of which inspections or testing are to be conducted, the titles of the individuals who will perform the inspections and testing, and the percentage of the work that will be inspected or tested on a recurring basis. In developing this inspection and testing program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.

1.6.1.1.9. How the Contractor will monitor and ensure their staff qualifications, licenses, permits, certifications, and training requirements remain current and valid throughout contract performance.

1.6.1.1.10. Contractor will secure all keys issued to them and will account as controlled items in a key controlled program per regulatory guidance. (PWS 1.7.3.1 Key Control).

1.6.1.1.11. Contractors will be required to produce Government Furnished Property upon routine inventory inspections.

1.6.1.1.12. A customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system shall be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). Government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process. The Contractor shall document all customer complaints and report the complaint to the COR within one workday after receipt of complaint. The Contractor shall use electronic mail or other written memoranda as notification. Each customer complaint reported to the COR shall have a scheduled completion date subject to COR approval.

1.6.1.1.13. (N/A) Disaster Contingency Plan. The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.

1.6.1.1.14. An Analysis of Quality Control and Timeliness of Submittals (i.e., deliverables) shall be provided to the KO and COR within 30 calendar days upon completion of each option period or Period of Performance, whichever comes first.

1.6.1.1.15. Contractor will document, file, and save all Quality Control related documents for the life of the contract plus five years.

1.6.2. Inspection Files. The Contractor shall keep records on-site of all inspections conducted by the Contractor and necessary corrective action taken. Upon request from the KO or 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.

1.6.3. COR/Alternate COR (ACOR): The COR and ACOR monitor all technical aspects of the contract and assists in contract administration. As determined by the KO, a COR and ACOR will be identified and appointed by letter of designation, a copy of which will be provided to the Contractor by the KO. The designation letter states the responsibilities and limitations of the COR and ACOR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The ACOR’s authority shall only be in effect during the absence of the COR.

1.6.3.1. In no event will the COR or ACOR, by virtue of their designation as such, be empowered to execute or agree to any contract changes thereof or authorized to obligate the Government. If the work is not written in the contract, neither the COR nor ACOR are authorized to request new work. The KO retains the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR or ACOR shall be addressed, in writing, to the KO.

1.6.3.2. The COR and ACOR are authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; and maintain written and oral communications with the Contractor concerning technical aspects of the contract. The COR and ACOR can also issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor Contractor's performance; notify both the KO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel.

1.6.3.3. Performance Issues. The Contractor shall inform the COR of issues or potential issues that might affect the performance within four (4) hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) workdays.

1.6.4. Nonconformance Report (NCR). Nonconformance occurs when a Contractor fails to meet Contract or Task Order terms, conditions and/or specifications; the Contractor’s quality control system is found to be inadequate; or the Contractor’s noncompliance has led to substandard performance requiring corrective action. All instances of nonconformance will be documented via a Nonconformance Report.

The Contractor shall reply to the KO and COR in writing within five (5) workdays from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence. An NCR will not normally be issued if the Contractor has self-identified a nonconforming condition and has implemented effective corrective actions. However, this does not apply in cases where a Contractor has issued an internal corrective action based on a nonconformance previously identified by the Government.

1.6.5. Property Management System (PMS). Not applicable.

1.6.6. Incidental Property. (IAW FAR 45.000(b)(5); AFAR PGI 5145.000(b)(5)(S-90)(ii); and PWS 2.1.11) The Government will maintain accountability of GFP/E/M items as described in PWS para. 2.1.11 that are incidental to the performance of this PWS. The Government is responsible for reporting, routine maintenance, repair costs, and disposition of incidental property. The conditions under which the contractor shall be liable for loss or damage occurs when the loss or damage is due to willful misconduct or lack of good faith on the part of any Contractor personnel in accordance with FAR clause 52.246-25.

1.6.7. 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 Birthday Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.7.1. The Contractor shall not be required to perform services on recognized federal holidays nor on days observed in lieu thereof. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The Contractor shall work on the days the Government is scheduled to work.

1.6.7.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the COR may approve one of the following options:

1.6.7.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.6.7.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.8. Hours of Operation. The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:00 PM. Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. The (44th MED BDE) MCS will provide the CMT with access to the motor-pool front gate and the building to perform their daily work requirements, including (44th MED BDE) training holidays.

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. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40-hour work week; flexible work schedule may be considered.

1.6.8.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.

1.6.8.2. During Force Protection Condition (FPCON) Charlie and Delta, the COR will notify the contractor that maintenance services may be discontinued. The COR will notify the contractor that maintenance services will resume when the FPCON level is reduced to level Bravo or lower.

1.6.9. Place of Performance. Contractor shall have routine access to Government-controlled facilities.

The work to be performed under this contract shall be accomplished at 4700 Collins Street, Fort Liberty.

1.6.9.1. Other work arrangements, e.g., telework, is not permitted.

1.6.9.1.1. Continuity of Operations During Emergency Situations. Contractor may be expected to telework for the duration of an emergency pursuant to component policy; a pandemic; or when the regular worksite is closed or closed to the public due to natural or manmade emergency situations (e.g., snowstorm, hurricane, act of terrorism, etc.).

1.6.9.1.2. The Government has determined that certain task areas in PWS Part 5 are suitable for telework. The Contractor may be allowed to perform these task areas via telework on an emergency situational basis and only with COR approval. The COR is the only authorized approver of situational telework.

1.6.9.1.3. The Contractor shall perform and ensure that all customers, whether in the defined service area, teleworking, working remotely, or at another duty location receive the same high-quality service and support.

1.6.9.1.4. The Contractor shall coordinate transfer of (GFE; GFM; GFP) with the COR. The KO will issue a modification to the contract to effect requirements for accountability and protection of the (GFE; GFM;

GFP).

1.6.9.1.5. The Contractor will not be reimbursed for telework expenses (e.g., installation of broadband or telephone lines) incurred while conducting business for the Government.

1.7. Security Requirements:

1.7.1.Contractor personnel shall have a favorable background investigation to access the non-classified internet protocol router network (NIPRNET).

1.7.2. (N/A) Personnel Security Clearance Requirements.

1.7.2.1. (N/A) Contractor personnel shall have an active personnel security clearance at the (N/A) level in the Defense Information System for Security (DISS) at the time of (N/A) and shall maintain the level of security required for the duration of the contract. The security requirements, classification guidance, and handling procedures for classified material received and/or generated shall be IAW the attached Department of Defense Contract Security Classification Specification Form 254 (DD254).

1.7.2.1.1. Contractor personnel shall comply with FAR Clause 52.204-2, Security Requirements, when the employee requires handling or has access to information classified “Confidential”, “Secret”, or “Top Secret”. Additionally, they are required to comply with (1) the Department of Defense Security Agreement Form 441 (DD441), including the National Industrial Security Program Operating Manual (NISPOM) (32 CFR Part 117).

1.7.2.2. Security clearance requests shall be originated through the Contractor’s Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement.

1.7.2.3. National Industrial Security Program (NISP) (32 CFR Part 2004).

1.7.2.3.1. The Contractor shall comply with the DD441 and the National Industrial Security Program Operating Manual (NISPOM) (32 CFR Part 117). The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records.

1.7.2.3.2. Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with Army Regulation (AR) 25-400-2 Army Records Management Program;

Department of Defense Manual (DoDM) 5200.01 Volumes 1-3, and other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government.

1.7.3. 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 IAW AR 190-13 Army Physical Security Program.

1.7.3.1. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program, and in the Contractor’s Quality Control Plan, a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5 Army Information Security Program, to include requirements for storing of classified materials. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. 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 COR.

1.7.3.1.1. In the event keys, other than the 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.

1.7.3.1.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than authorized Contractor’s employees. 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.

1.7.3.2. Lock Combinations. The Contractor shall include in the physical security section of the Contractor’s security program, and in the Contractor’s Quality Control Plan, methods of ensuring that lock combinations are not revealed to unauthorized persons. The Contractor shall change lock combinations when personnel having access to the combinations no longer have a need to know such combinations.

1.7.4. Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.8. Installation and Facility Access Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, Headquarters Department of Army (HQDA) and/or local policy.

1.8.1. Contractor personnel shall have a valid form of Government issued identification which satisfies the requirements to gain entry onto Fort Liberty (or state other). This requirement shall be met for the life of the contract.

1.8.2. Contractor personnel shall comply with applicable installation, facility, area commander installation and facility access, and local security policies and procedures. Personnel shall be aware of and comply with the requirements associated with Installation Access Control (IAC). The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

1.8.3. In addition, the Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within three (3) business days after contract award. At a minimum the log shall contain the following information full name, personnel and DOD ID number if available. The log shall be updated as employees are added or removed; submitted within five (5) days after any changes occur; and available at any time upon request by the KO or COR.

1.8.3.1. The Contractor shall collect installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 5 (five) business days.

1.8.3.2. Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 3 (three) business days.

1.8.3.3. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.9. Background Checks:

1.9.1. Access and general protection/security policy and procedures. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office (PMO), Director of Emergency Services (DES), or Security Office (SO). Contractor workforce shall comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clauses 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.

1.9.2. Contractor shall verify the employment eligibility of personnel assigned to this contract. Contractor personnel shall comply with vetting requirements per AR 525-13 Antiterrorism.

1.9.2.1. Eligibility Verification for Employment. E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S.

Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem. All U.S. employers shall complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes U.S. citizens and noncitizens. On the form, the employer shall examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. E-Verify is mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause 52.222-54.

1.9.3. Sponsoring organizations or activities will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Visitors Control Center (VCC), detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one (1) to three (3) years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American VCC. Renewed short term passes shall be re-processed at the All American VCC.

1.10. Common Access Cards (CAC):

1.10.1. Contractor personnel requiring a Common Access Card (CAC). Before CAC issuance, Contractor personnel shall possess, at a minimum, a favorably adjudicated Tier I investigation or a higher investigation IAW Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors. Contractor personnel 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 six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the Federal Bureau of Investigation (FBI) fingerprint check and a successfully scheduled NACI at the Office of Personnel Management (OPM).

1.10.1.1. 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. The Contractor shall prohibit the use of Government CACs by anyone other than to whom they are issued to.

Government CACs shall not be worn outside designated facilities where visible to the general public.

1.10.1.2. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued a CAC or other forms of government identification cards. The Contractor shall submit their initial roster to the COR within ten (10) calendar days after commencement of base period of performance and within five (5) calendar days of any changes.

1.10.1.3. The Contractor shall immediately report any lost or stolen 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 (e.g., badges) 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.

1.10.1.4. Contractor personnel that do not require a CAC but require access to a DoD facility or installation. Contractor personnel shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III), the Terrorist Screening Database (TSDB); Army Directive 2014-05 and AR 190-13), applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by government representative).

1.11. Occupational Safety and Health Act (OSHA) and Environment:

1.11.1. The Contractor shall perform work in a safe manner as required by Occupational Safety and Health Act (OSHA) and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact.

1.11.2. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state, and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and COR for final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected.

The Contractor shall take due caution not to endanger personnel during performance of this contract.

Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the COR.

1.12. Contractor Personnel:

1.12.1. Requirements Applicable to all Contractor Personnel.

1.12.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.12.1.2. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of AR 380-5 have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.12.1.3. 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 (i.e., telephone or Email) with co-workers, customers, and the general public.

1.12.1.4. Appearance and Performance. It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity.Personnel shall 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.

1.12.1.5. Conduct of Personnel. The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor personnel shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.13. Identification of Contractor Personnel:

1.13.1. Contractor personnel shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting, or attending meetings and seminars, or working in other situations where their Contractor status is not obvious to third parties.

1.13.2. All Contractor correspondence, to include all documents or reports they produce, shall be suitably marked with their company name and as a Contractor product. Documents and reports of which the Contractor contributed to shall be appropriately disclosed.

1.13.3. Contractor workspace (staging site, on-site office, desk, or work area, etc.) shall contain a sign signifying the space is occupied by Contractor personnel. This sign it to be used to notify Government employees and the public that they are not Government employees. Requirements for Contractor vehicles are addressed in PWS Part 4.

1.14. Required Training: Where not otherwise stated, the Contractor shall maintain and provide evidence of completing the training to the COR upon request.

1.14.1. Anti-Terrorism (AT) Level I Training. Contractor personnel requiring access Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. 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 five (5) calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at Joint Knowledge Online.

1.14.1.1. (N/A) AT Awareness Training for Contractor Personnel Travelling Overseas. U.S. based Contractor personnel to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

1.14.2. Locally Developed iWATCH Army Training. Contractor personnel shall be briefed on the local iWATCH program (training standards provided by the Requiring Activity (RA) Antiterrorism Office (ATO).

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within five (5) calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

https://www.jcs.mil/JKO/

1.14.2.1. iWatch is simply common awareness. Contract employees can be good sources of information.

iWatch training will include organization instructions on “things to look for” and a phone number to call in case Contractor personnel have information regarding possible terrorist or criminal activities. Providing Contractor personnel with awareness materials such as the iWatch brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include the COR in the reporting procedures. Samples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://www.army.mil/e2/c/downloads/287489.pdf

1.14.3. Army Training Certification Tracking System (ATCTS) registration for Contractor personnel who require access to Government information systems. Contractor personnel with access to a government information system shall be registered in the ATCTS at commencement of services and shall successfully complete the DoD Information Assurance Awareness training prior to accessing the information system and then annually thereafter.

1.14.4. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

1.14.4.1. OPSEC Training. Per AR 530-1, Operations Security, Contractor personnel shall complete Level I OPSEC Awareness Training. New employees shall be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness training is available at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.14.5. Cyber Awareness (formerly Information Assurance / Information Technology (IA/IT)) Training and Certification.

1.14.5.1. For IA/IT Training. Contractor personnel shall complete the DoD Cyber Awareness training, and annually thereafter, before issuance of network access. Contractor personnel working in IA/IT functions shall comply with DoD and Army training and certification requirements in DoDD 5144.02, DoDD 8140.01, DoDM 8140.03, DFARS 252.239.7001, and AR 25-2. DoD Cyber Awareness Challenge Training is available at the following website: https://ia.signal.army.mil/DoDIAA/.

1.14.5.2. For IA/IT Certification. Contractor personnel supporting IA/IT functions shall be appropriately certified upon contract award IAW DoD Directive 8140, DFARS 252.239.7001 and AR 25‐2.

1.14.5.2.1. Certificates shall be submitted to the COR upon request. Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions.

1.14.6. Threat Awareness Reporting Program. Per 2-4b of AR 381-12 Threat Awareness and Reporting Program (TARP), Contractor personnel shall receive live TARP training by a Counterintelligence (CI) agent or other trainer and annually thereafter as specified in 1-10b and 1-10l of AR 381-12.

1.14.7. Privacy Training. Contractor personnel having access to systems of records; create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or design, develop maintain, or operate a system of record shall complete Privacy Training prior to commencing with work on the contract and annually thereafter. (Privacy Act of 1974 - Public Law 93-579; 5 U.S.C. Section 552a (Privacy Act); DoDI 5400.11; AR 380-5) See PWS (1.17) Non-Disclosure Requirements.

1.14.7.1. The Contractor may provide its own training or use the training of another agency. Training shall comply with FAR 24.301(b) minimum requirements.

https://www.army.mil/e2/c/downloads/287489.pdf https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf https://ia.signal.army.mil/DoDIAA/

1.14.7.2. Suspected or Confirmed Breach.

1.15. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor personnel to access data and information proprietary to a government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this PWS would be averse to the interests of the Government or others. Contractor personnel shall not divulge, or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the KO. Contractor personnel shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974 (Public Law 93-579).

1.16.1. Advertisement and Social Media. The Contractor shall not post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc., before, during or after the contract period of performance without express consent of the Government. The use of propaganda violates DoD Commercial Use of Imagery Guidelines. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.,) obtained through this contract on any marketing tool to include its company website, commercial broadcasts, online forums, and social media including the posting of content on accounts owned by friends, family, or associates.

1.17. Non-Disclosure Statements: The Contractor shall complete Privacy Training IAW PWS and provide a signed non-disclosure agreement (NDA) to the COR prior to commencement of work under the contract.

The Contractor shall execute NDAs for all Contractor personnel. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.18. Organizational Conflict of Interest: The Contractor and subcontractor(s) shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the Contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5. Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever Contractor becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.19. Post Award Orientation/Periodic Progress Meetings:

1.19.1. Post Award Orientation. The Contractor, and any major subcontractor, shall attend the post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The post award conference will be coordinated by the KO and shall be at no additional cost to the Government.

1.19.2. Periodic Progress Meetings. To provide effective communication and impart necessary information, the Contractor shall attend, participate in, and furnish input to scheduled and unscheduled progress meetings, conferences, and briefings. Meetings will relate to the functions and services herein (AR 70-13 Para 4-4.b.(1)) to include issues, progress of the contract, and Contractor performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These periodic progress meetings will be held at a minimum on a quarterly basis, coordinated by the KO or COR, held at a mutually agreed location or telephonically, and shall be at no additional cost to the Government. Meetings are typically held during normal duty hours; however, under special circumstances, meetings may start or end outside of regular duty hours.

1.19.3. Contractor’s Contract Manager (or designated representative) shall attend all meetings. At times the Contractor’s managerial, supervisory, and other contractor personnel knowledgeable of the subject matter shall be requested by the Government and required to attend meetings.

1.19.4. IAW the COR Designation Letter, the COR will document the minutes of the meetings and distribute them to the KO, Contractor, and other personnel on a need-to-know basis. The Contractor shall follow-up with the COR on any due outs.

1.20. Phase-In/Phase-Out Periods (PIPO):

1.20.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impacts on services, the succeeding Contractor shall have all key personnel on board, during the two week phase in period.