AUG24

Performance Work Statement (PWS) for

Vibration System & Controller System Calibration and Preventative Maintenance

Part 1 General Information

1. General: This is a non-personal service contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

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 Vibration System Calibration and Preventative Maintenance as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: West Desert Test Center (WDTC) procured a three (3) inch displacement Multi-Shaker vibration system. The vibration system included amplifiers, cooling units, and slip table, cabling and controller system. The Multi-Shaker vibration system was procured by WDTC through a contract with Spectral Dynamics Inc. (SDI). The system was also installed by SDI in accordance with (IAW) the provisions of the contract.

However, WDTC does not have the required personnel or capability to perform the required services and preventive maintenance as outlined in the manufacture’s maintenance requirements. To maintain the vibration system in accordance with the manufactures service and preventive maintenance a maintenance contract is required to perform the equipment services and preventive maintenance of the multi-shaker system and its subsystems. The service and preventative maintenance must be performed by a qualified experienced technician who understands this one-of-a-kind multi-shaker system.

1.3 Scope: The Contractor shall provide non-personal service(s). The contractor shall perform the required services IAW the requirements listed in the Preventative Maintenance Program for the Multi-Shaker system, maintenance, manuals and warranty requirements and provide all service, replacement parts, filters, oils and seals as required for:

• Extended Warranty on both Jaguar Systems (2580-1325 and 2560-1368)

• Jaguar Controller Software Updates

• Jaguar Controller Calibration (Onsite)

• Jaguar Preventative Maintenance

• Shaker Preventative Maintenance

• Jaguar Controller Technical Support

• Phone Support

• Twice a year visits to DPG for regular maintenance IAW the current Preventative Maintenance Program for Multi-Shaker System

• Shaker parts, Slip Table parts, Vertical System parts and Jaguar Controller parts

• Two (2) emergency call outs for repair AS NEEDED

• Backup parts purchase/Rollover Money (If needed AND/OR funding allows)

The contractor shall accomplish Calibration, Preventative Maintenance and repairs needed for Vibration Systems and Vibration Control Systems.

The Contractor shall provide all personnel, equipment, tools, parts, supplies, materials, facilities, transportation, supervision and other items necessary to perform services as described in the PWS and associated contract documents. Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents-PRS.

1.4 Objectives: The objective of this service contract is to procure the required services for the maintenance and services on the multi-shaker vibration system and subsystems as required IAW Preventative Maintenance Program for Multi-Shaker system.

• Maintain Vibration System and Vibration Control System

• Provide phone and technical support regarding Vibration System and Vibration Control System

• Provide parts need to keep Vibration System and vibration Control System Maintained.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. 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 it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award (A001).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have fifteen (15) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than five (5) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance of proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(a) 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;

(b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

(e) How the Contractor will ensure all keys issued will remain controlled items (Paragraph

1.7 Key Control);

(f) How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials;

(g) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future; and

(h) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.1 RESERVED

1.5.1.2 The Contractor shall inform the COR of quality control issues or potential issues that might affect the performance within 24 hours (or the next working day during work hours) of identifying those issues. Verbal reports shall be followed by written reports within two (2) days (A005).

1.5.2 Quality Assurance: The Government 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 Government 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, the acceptable quality levels (performance thresholds) and the minimum acceptable defect rate(s).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

• New Year's Day (1st day of January)

• Martin Luther King Jr.'s Birthday (3rd Monday of January)

• Presidents Day (3rd Monday of February)

• Good Friday (Friday prior to Easter Sunday)

• Memorial Day (Last Monday of May)

• Juneteenth (Juneteenth 19th day of June)

• Independence Day (4th day of July)

• Labor Day (1st Monday of September)

• Columbus Day (2nd Monday of October)

• Veteran's Day (11th day of November)

• Thanksgiving Day (4th Thursday of November)

• Christmas Day (25th day of December)

1.5.3.2 Host Nation Holidays: RESERVED

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following:

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 7:00am and 5:30pm (MST) Monday thru Thursday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 7:00am and 5:30pm (MST) Monday through Thursday. The Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 7:00am and 5:30pm (MST) Monday through Thursday 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 Contractor shall maintain an adequate workforce at all times, 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 is essential.

1.5.4.3.1 59 Minute Guidance: In the granting of administrative leave by the Commander and/or Garrison Manager does not apply to contractors. When Administrative Leave is granted; it cannot be applied to Contractors without crossing personal services lines since it is granted by the Commander in a supervisor/employee relationship. Therefore, under the circumstances of the Commander's / Garrison Manager's 59 Minutes referenced above, Contract Managers are left to their own design to allow their employees to leave early, possibly through use of employee leave, or company granted time off. In either case, under hourly paid labor contracts (cost reimbursable and labor hour arrangements) the time off is not billable to the Government as hours delivered. Under fixed price contract arrangements, billing is not a problem as long as the assigned work is accomplished during the billing cycle (mission critical excepted).

1.5.4.3.2 RESERVED

1.5.5 Type of Contract: The government will award an FFP type contract. This contract shall be a service/maintenance contract with a base year and four (4), 12-month option periods. This contract will be a sole source service contract as only Spectral Dynamics Inc.

is authorized to service certain components of the system due to proprietary technology and is the only source capable of servicing the entire system.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Dugway Proving Grounds, Utah; specifically, at the WDTC applicable buildings.

1.5.6.1 Period of Performance: The period of performance shall be for one (1) Base Year (2026) and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year 03 June-2026….02 June 2027

Option Year I 03 June-2027….02 June 2028 Option Year II 03 June-2028….02 June 2029 Option Year III 03 June-2029….02 June 2030 Option Year IV 03 June-2030….02 June 2031

1.6 Security Requirements: The following information is provided on security-related matters:

1.6.1 Security Program: Contractor personnel performing work under this contract must have a suitability and fitness investigation via SF85 governed by Homeland Security Presidential Directive 12 (HSPD-12) at time of the proposal submission and must maintain the level of security required for the life of the contract.

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have a favorable background investigation to be granted unescorted access to the government installation via a National Crime Information Center Interstate Identification Index (NCIC-III) background check. The clearance will be IAW the Defense Information System for Security (DISS). The Contractor shall ensure the employee complies with the FAR 52.204-2 Security Requirements, DoD Security Agreement (DD Form 441), and the NISPOM rule at 32 Code of Federal Regulation (CFR) Part 117, effective 24 Feb 2021. The NISPOM is the National Industrial Security Program Operating Manual to which contractors must implement and comply.

1.6.3 Access and general protection/security policy and procedures: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

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

1.6.3.1 Escorts: All Contractor and subcontractor personnel requiring access to Government facilities or networks must possess a final favorable suitability determination from the Government. Any individual who is awaiting investigation, is under adjudication, or is a visitor without a prior suitability determination shall be continuously escorted by an approved escort.

1.6.3.1.1 An approved escort is a U.S. citizen who is either a Government employee or a Contractor employee with a final favorable adjudication. The escort must maintain continuous, uninterrupted visual and physical proximity (line-of-sight) to the individual(s) they are escorting at all times within the facility.

1.6.3.1.2 Contractor Responsibility for Escorts: The Contractor is responsible for providing sufficient and qualified escort personnel for its unadjudicated employees and subcontractors to ensure no disruption to contract performance. All escort duties are considered an incidental cost to the contract and shall not be billed directly to the Government.

1.6.3.1.3 Personnel Roster and Status Tracking: The Contractor shall create and maintain a current roster of all its personnel, detailing their name, adjudication status (e.g., pending, interim, final), and the date their investigation was submitted. This roster shall be made available to the COR within 24 hours of request.

1.6.3.1.4 Restricted Areas: Access to Government-designated restricted or controlled areas is strictly prohibited for any personnel without a final favorable adjudication, regardless of escort availability, without prior written authorization from the COR for each occurrence

1.6.3.2 Installation Pass Log: Prior to installation access for anyone associated with the prime contractor of this contract, information will be provided to the COR or TPOC for visitor clearance submittal through the DPG visitor control center. Upon granted access visitors will process through the DPGVCC prior to entry.

1.6.3.3 Individual Termination or Expiration of Employment: The Contractor shall collect the 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 two (2) days (A002).

1.6.3.4 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within two (2) days (A003).

1.6.3.5 RESERVED

1.6.4 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the No Clearance Required level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission and must maintain the level of security required for the life of the contract. The security requirements are IAW with the attached DD Form 254, “Department of Defense (DOD) Security Classification Specification” (The unit security monitor is responsible for initiating this form). The Contractor shall ensure that contractor employees and sub-contractor employees performing services under this contract comply with FAR 52.204-2, Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contract will ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.4.1 The contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7004, Drug-free Work Force. The contractor shall conduct drug tests, ensuring all top secret cleared contractor employees are tested at least once per year, each year of the contract, as well as when there is a reasonable suspicion that an employee uses illegal drugs. The drug testing shall be at the contractor’s expense.

Positive drug test results shall be made available to both the KO and COR within 24 hours of known test results. Records of drug testing shall be made available to the COR.

1.6.5 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employees performing services under this contract:

• Full birth name

• Married name (if applicable)

• SSN or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

1.6.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information.

The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph may result in requiring the Contractor to remove a contractor employee or employees from the performance of the contract.

1.6.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.6 RESERVED

1.6.6.1 Contractor Common Access Card (CAC) Eligible Requirements: 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. Contractor personnel shall return CAC to appropriate U.S. Government authorities within five (5) days of the end of their contractual duties.

1.6.6.1.1 Federal Installation/Facility Access: Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The employees performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.6.6.2. Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures.

1.6.7 Access to Government Information Systems: All Contractor employees and subcontractor employees performing services under this contract who have access to a government information system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully complete the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.

1.6.8 Physical Security: The Contractor shall safeguard 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 the Army Physical Security Program - AR 190-13.

1.6.9 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.6.9.1 Operations Security (OPSEC) SOP/Plan Requirements: Reserved

1.7 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 Contractor’s Quality Control Plan. 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 incidents of lost or duplicate keys to the Contracting Officer.

In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, 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 lock or locks shall be deducted from payment due to 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 payment due to the Contractor.

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

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. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer 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 meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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 order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is 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, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager, Maintenance Technician. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of the contract manager and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between Monday through Friday, 7:00am and 5:30pm (MST), except Federal holidays or when the government facility is closed for administrative reasons. The Contract Manager or Alternate Contract Manager shall be available between

a. Special Qualifications or certifications: The contractor is responsible for ensuring all employees possess and maintain current certifications authorizing all servicing of the proprietary equipment encompassing within and during the execution of this contract.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.11.1 RESERVED

1.11.2 RESERVED

1.11.3 RESERVED

1.12 Contractor Travel: Contractor will be required to travel CONUS and within the CAR during the performance of this contract to attend meetings, conferences, and training. The contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS. Contractor will be authorized for travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization through the KO (contracting officer) and notification to the COR. The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract. All travel requires Government approval and authorization fourteen (14) days prior to scheduled travel.

1.13 Other Direct Costs (ODCs): This category includes travel (outlined in 1.6.13), reproduction, and shipping expenses associated with training activities and visits to contractor facilities. It could also entail the renting of suitable training venues. Inclusion of ODCs in this PWS must be preapproved by the Contracting Officer.

1.14 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of 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 Contracting Officer. 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.

1.15 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor 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, 5 United States Code (U.S.C.) Section 552a.

1.16 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.17 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than ten (10) days (A0027) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

1.18 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 the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.)

obtained through this contract on any marketing tools to include its company website.

1.19 Information Assurance: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information (CUI) in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as DoD SAFE at https://safe.apps.mil, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.20 Organizational Conflict of Interest (OCI): 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, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. 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 (A008). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. 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.

http://www.dimoc.mil/resources/limitations/

1.21 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the sixty (60) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. During the phase out or transition period, a detailed plan with timelines will be submitted within 4 days of notice for phase out, transition or contract closeout. The contractor shall cooperate and use its best efforts to ensure an orderly and efficient transition to the successor.

1.22 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.22.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)).

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel (A009). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt;

(ii) Long trousers;

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(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.22.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract.

1.22.1.2 The Contractor shall complete and provide safety notifications required by local / federal authorities and will provide documented proof to the Contracting Officer via the COR, no later than five (5) days (A0010) that such notifications were made.

1.23 Environmental Compliance: The following provides information on Environmental Compliance.

1.23.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all its operations and activities conform to the DPG environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on DPG installation are conducted in accordance with the DPG Spill Prevention and Response Plan, Solid Waste Policy and applicable environmental laws/standards.

If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/Contracting Officer Representative (COR) of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material.

The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division.

“Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with applicable environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the Department of Public Works (DPW) Environmental Division.

“The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department.

1.24 Required Training: The following provides information on training requirements:

1.24.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I

Training within ten (10) days (A0012) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. The Contractor shall submit certificates of completion (A0013) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within thirty (30) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (A0014) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

1.24.1.1 If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within thirty (30) days after completion of the training (A0015).

1.24.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (A0011) Verification of the training shall be provided to the COR within thirty (30) days after completion of the training (A0016). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (A0017). Verification of the training shall be provided to the COR within forty-five (45) days after completion of the training (A0018).

1.24.2.1 If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within forty-five (45) days after completion of the training (A0019).

1.24.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.

This training shall be completed within thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance, with the results reported to the COR within ten (10) days after the contract is awarded and within thirty (30) days after new employees commence contract performance (A0020).Verification of the training shall be provided to the COR within forty-five (45) days after completion of the training (A0021).

1.24.4 Combating Trafficking in Person Training: The Contractor shall notify its employees of The United States Government's zero tolerance policy described in paragraph (b) of this clause: “The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment.” Upon notification the contractor will notify the COR in writing of the accomplished action within thirty (30) days after contract award(A0029).

1.24.4.1 RESERVED

1.24.4.2 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS). Verification of registration shall be https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html provided to the COR within five (5) days after registration. training (A0022). Contractor personnel must complete refresher training every twelve (12) months training (A0023).

Verification of the training shall be provided to the COR within forty-five (45) days after completion of the training (A0024).

1.24.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within thirty (30) calendar days of employment. Contractor personnel shall complete refresher training every twelve

(12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion (A003).

Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.html

1.24.6 Threat Awareness Reporting Program (TARP Training): Within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract and require a security clearance, shall complete TARP training within thirty (30) 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 Contractor employee and subcontractor employee to the COR within ten (10) calendar days after completion of training by all employees and subcontractor personnel. TARP training is available at the Army Learning Management System (ALMS) https://www.lms.army.mil/. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local Counterintelligence (CI) Officer at their assigned location for classroom training and a copy of either the training certificate or the training attendance roster signed by the CI Officer will be maintained by the Contractor. Verification of the training will be provided to the Contracting Officer (KO) or Contracting Officer Representative (COR) within ten (10) calendar days after completion of the training.

1.25 Government Property and Services: Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting…