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PERFORMANCE WORK STATEMENT (PWS)

Universal Testing Machine (UTM) for the Department of Civil & Environmental Engineering

General Information

1. GENERAL: This is a non-personal contract to purchase a Brand Name Instron 1500HDX Universal Testing Machine(UTM) which is a hydraulic experimental testing machine comprised of multiple components including but not limited to a hydraulic pump, actuators, digital controller, and testing fixtures to support civil engineering laboratories. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the installation of a Universal Testing Machine (UTM) to support civil engineering laboratories, 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.

1.2. Background: This Universal Testing Machine (UTM) will be used to perform laboratory testing for the department. The area for this new installation is in the Cyber Engineering and Academic Center (CEAC) building located on Thayer Road. The intent of this purchase is to support the civil engineering program.

1.3. Objectives: The basic objective for this Universal Testing Machine (UTM) includes the following:

• 1.3.1. The Contractor shall deliver a Universal Testing Machine (UTM) that will meet a minimum of one hydraulic actuators with a maximum capacity of 337.5 kip and a 12 inch stroke, Hydraulic grip actuation, 8 inch gage length rebar extensometer, controller with the specifications outlined below, a computer and monitor with appropriate compatible software for the controller as specified below, and all hoses, cables, cords, and connectors to provide a full-operational hydraulic testing system

• 1.3.2 The Contractor shall perform onsite installation, and all work related to the proper delivery, installation, training, functional performance of the Universal Testing Machine (UTM) to include providing a valid certification test and ensure that it is operational to known standards and that all laboratory experiments and testing requirements are operational and data has been validated by the Government and COR.

• 1.3.3 The Contractor shall oversee and provide any rigging equipment, electrical parts, labor, water and hydraulic connections and any other materials used in the installation.

1.4. Scope:

a. The Universal Testing Machine is a hydraulic experimental testing machine comprised of multiple components including but not limited to a hydraulic pump, actuators, digital controller, and testing fixtures.

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b. All equipment should be delivered to the West Point Cyber Engineering and Academic Center after completion in coordination with the customer.

c. The contractor will provide the rigging services to include manpower, transformer if required, offloading, setting in place, hose connection, electrical wiring and installation to the provided disconnect or box, and debris disposal. The contractor may be responsible for installing conduit or creating openings for hoses and wires from the pump room (EC- 102B) to the High Bay (EC-102).

d. The entire system including all components, computer, materials, attachments, hoses, fixtures, wires, and software will be purchased by the contractor and installed by the manufacturer or verified contractor.

e. Upon receiving final specifications from the contractor, the customer will provide required facility resources (power at the wall, water, drainage, compressed air, etc.)

f. Contractor must provide transformer if power requirements exceed 460V 3 phase for the pump or 120V 1 phase for each of the other components.

g. Customer is required to validate all facility requirements to include but not restricted to power, hydraulics, sensor outputs, connectivity, and safety.

h. A one-day on-site operator training will be conducted after installation and validation of all equipment.

i. (on a case-by-case basis – fully meet requirements of customer provided commissioning plan that may include installation, operational training, customer testing, functional performance testing/validation and reach-back customer support during initial break-in period)

1.5. Period of Performance: The period of performance will be for a 2-month period.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than 30 calendar days after contract award and within 5 business days of any proposed changes.

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection;

discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies;

procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

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1.6.1.1.2. Within 48 hours upon completion and or at the request of the COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

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

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of Property Management in accordance with (IAW) FAR clause 52.245-1 Government Property.

1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.3.1. 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.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

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

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

1.6.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of between 7:30 AM to 3:30 PM, Eastern Standard Time 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 Contractor shall at all times 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.

1.6.5. Place of Performance The work to be performed under this contract shall be accomplished at the United States Military Academy, Department of Civil & Environmental Engineering, Goethals Hall, Cyber and Engineering Academic Center, High-Bay Room 102.

1.6.6. Security Requirements: Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW DODD 8570. A successful NCIC II background check must be completed on all contractors prior to the execution of this contract.

a. Originate the request through your Contractor Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement. Individuals cannot apply for a personnel security clearance application on their own. The security clearance process begins when a company determines that an employee or candidate for employment requires a personnel security clearance to access classified information in order to perform the duties of his or her position. If the applicant has never held a personnel security clearance, or if their previous clearance was terminated more than 24 months ago, this is referred to as an initial clearance. The employee must complete an Electronic Questionnaire for Investigations Processing (e-QIP), signature pages and submit fingerprints electronically for all initial investigation requests.

b. Requests for clearances are sent to the Personnel Security Management Office for

Industry (PSMO-I) which can issue interim clearances for industry personnel on behalf of the DoD and User Agencies under the National Industrial Security Program. The kind, or type, of investigation conducted depends on the access level that the individual is required to have to perform his or her official duties. For access to CONFIDENTIAL or SECRET information, a National Agency Check with Local Agency Checks and Credit Check (NACLC) is completed. For access to TOP SECRET or Sensitive Compartmented Information (SCI) information, a Single Scope Background Investigation (SSBI) is required.

Average Investigation timelines (days) for FY15 were as follows:

NACLC: 75

PHASE/SSBI -PR: 230

SSBI: 177

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c. Upon the completion of the background investigation, DoD Adjudications Facilities adjudicates the case. The adjudicator considers the following factors when evaluating an individual's conduct:

1. The nature, extent and seriousness of the conduct

2. The circumstances surrounding the conduct, to include knowledgeable participation

3. The frequency and recency of the conduct

4. The individual's age and maturity at the time of the conduct

5. The extent to which participation is voluntary.

6. The presence or absence of rehabilitation and other permanent behavioral changes

7. The motivation for the conduct

8. The potential for pressure, coercion, exploitation, or duress; and

9. The likelihood of continuation or recurrence of the conduct

Each case is judged on its own merits and the final determination is the responsibility of the specific department or agency that adjudicates the clearance eligibility. Any doubt regarding whether access to classified information is clearly consistent with national security must be resolved in favor of national security.

d. Personnel Security Clearances must be kept to an absolute minimum based on contractual needs; for more information please visit http://www.dss.mil/psmo-i/indus_psmo-i_process_applicant.html.

e. Safeguarding For Official Use Only (FOUO) Information. During normal duty hours, the

Contractor shall place information determined to be FOUO in an out-of-sight location, if visitors, casual traffic, and other non- Government/Non-Contractor personnel have access to the work area. During non-duty hours and at the close of business, the Contractor shall store FOUO records, so as to preclude unauthorized access. The transmission, termination of, and disposal of, FOUO documents will be consistent with Army Regulations (AR) 380-5, Protection of FOUO, Information and Installation Policy.

f. Network Access. Contractor personnel requiring access to Government-owned computer networks must obtain the proper background level of investigations, with favorable results, at the Contractor’s expense, prior to being issued a user identification and password IAW AR 380-67 and AR 380-5. Additionally, Contractor employees and associated subcontractor employees must complete the DoD IA, Information Awareness training, before issuance of network access, and annually thereafter.

g. Accounting for Common Access Cards (CACs) for Contractor Personnel Departing

CAC Issuance and Revocations: DoDI 5200.46, September 9, 2014

A CAC will not be issued (or maintained) by a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk.

h. An individual’s conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about his or her reliability or trustworthiness and may put people, property, or information systems at risk. An individual’s past criminal or dishonest conduct may put people, property, or information systems at risk.

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i. Therefore, conditions that may be disqualifying include:

(1) A single serious crime or multiple lesser offenses which put the safety of people at risk or threaten the protection of property or information. A person’s convictions for burglary may indicate that granting a CAC poses an unacceptable risk to the U.S. Government’s physical assets and to employees’ personal property on a U.S. Government facility.

(2) Charges or admission of criminal conduct relating to the safety of people and proper protection of property or information systems, regardless of whether the person was formally charged, formally prosecuted, or convicted.

(3) Dishonest acts (e.g., theft, accepting bribes, falsifying claims, perjury, forgery, or attempting to obtain identity documentation without proper authorization).

(4) Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, income tax evasion, expense account fraud, filing deceptive loan statements, or other intentional financial breaches of trust.

(5) Actions involving violence or sexual behavior of a criminal nature that poses an unacceptable risk if access is granted to federally-controlled facilities and federally-controlled information systems. For example, convictions for sexual assault may indicate that granting a CAC poses an unacceptable risk to the life and safety of persons on U.S. Government facilities.

(6) Financial irresponsibility may raise questions about the individual’s honesty and put people, property or information systems at risk, although financial debt should not in and of itself be cause for denial.

(7) Deliberate omission, concealment, or falsification of relevant facts or deliberately providing false or misleading information to an employer, investigator, security official, competent medical authority, or other official U.S.

Government representative, particularly when doing so results in personal benefit or which results in a risk to the safety of people and proper safeguarding of property and information systems."

Compliance with HSPD-12: On 07 Mar 14 the Secretary of the Army published Army Directive 2014-05, which establishes HSPD-12 investigative and adjudicative policy and procedures to support credentialing determinations for the issuance of CACs to eligible Army Contractor personnel. HSPD-12 mandates a Government wide standard for secure and reliable forms of identification issued by the Federal Government for physical access to federally controlled facilities and/or logical access to federally controlled information systems. The CAC is the DoD federal personal identity verification credential.

The purpose of security screening is to ID those persons who may pose a threat to good order and discipline on Fort Bragg by either denying them access or placing restrictions on their movement. The following criteria will be used as a guideline for determining denial of access to Fort Bragg:

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(1) (U) Any record of a felony conviction for a crime (includes murder, rape, sale of illegal drugs, grand theft, arson, and kidnapping).

(2) (U) Three or more misdemeanor convictions within the past five years (includes assault, theft of $500 or less, and excludes traffic violations).

(3) (U) VCC personnel will NOT relay the source of the information to the visitor (e.g. visitors will not be told that the information comes from the Bars and Suspension List or from NCIC screening). Subjects are not authorized to view the information under any circumstances.

(4) (U) The SC is the final approval authority for any adjudication request for access denial.

If CTRs meet access control standards of Army Directive 2014-05 (Policy and Implementation for Common Access Card Credentialing and Installations Access for Uncleared Contractors, dated 7 Mar 14) then DoD Consolidated Adjudications Facility (CAF) will conduct centralized adjudications of favorable HSPD-12 background investigations. The DoD CAF will forward investigations that cannot be favorably adjudicated to the Defense Office of Hearings and Appeals (DOHA) for a final credentialing determination. The Contractor shall complete the Updated Personal Identity Verification of Contractor Personnel for Common Access Cards (CACs) form contained as Technical Exhibit H which will be provided to the COR NLT the 10th day of each month.

The Contractor shall immediately report any lost CAC or Government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other Government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other Government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

(1) In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the Trusted Agent (TA) who will ensure CAC permissions are revoked the same day. In various instances a contractor employee may not be on task (working) due to furloughs, suspensions pending the outcome of an investigation, or the contract reaches the end of the period of performance (POP) and renewal is anticipated but not yet complete. During these occurrences, the TA or a representative from the contractor (TA’s choice) will collect and retain the CACs of the affected contractor personnel residing in the local area however; CAC permissions will not be revoked in the Trusted Associate Sponsorship System (TASS). Collecting CACs however, may not be feasible for contractor personnel located in remote locations. When contractor personnel return to work under the contract, they will retrieve their CAC from the responsible party who collected it.

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(2) The contractor shall include a monthly report listing contractor employees who departed during the previous month and the date their CACs were turned in using the format listed below.

Employee Name

Contract Number

TO

Number

Company Name

Office Symbol

TA

Name

Terminatio n Date

Date CAC returned to RAPIDS Site

Remarks

Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190-51; Department of Defense (DOD) 4500.9-R, and Department of Defense Instruction (DODI) 5100.76 and DODI 5220.22, and applicable Fort Bragg regulation or policies. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13.

Key Control. The Contractor shall include in the physical security section of the Contractor’s security program 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, Fort Bragg 380-5 and FORSCOM Supplement 1 to AR 380-5, if classified materials are being stored.

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.

In the event 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.

The Contractor shall prohibit the use of Government issued keys/key cards 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 KO.

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Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s security program.

Information Security Plan. The Contractor shall develop and implement an Information Security Plan IAW AR 380-5 AR 380-67, Fort Bragg (FB) 380-5, FB 380-67, and FORSCOM Supplement 1 to AR 380-5, for the control of classified information. The Contractor’s information security program shall include applicable provisions of AR 380-series regulations.

National Industrial Security Program (NISP). The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with—(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor. In addition, the Contractor’s security program shall include provisions for, but not limited to:

--Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1.

--Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.

--In-processing and out-processing Contractor personnel for security matters.

--Obtaining Contractor personnel security clearances.

--Documenting and reporting actual and potential security problems.

--Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.

--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 AR 25-400-2 or 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. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DOD 5200.1-R, NISP Operating Manual.

1.6.7.1. General:

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

1.6.7.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements.

They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

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1.6.7.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.6.7.1.4. Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

1.6.7.1.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved DES Form 118 to the Installation All American 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 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 to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.7.1.6.1. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at

1.6.7.1.7. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti Terrorism Office (ATO)]. This local 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 with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract.

1.6.7.1.8 The COR and contractor are responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.

https://atlevel1.dtic.mil/at

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1.6.7.1.9 In the event that the automated system is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the USAG Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. (c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections. (c) Documentation of this training will be made available to the Installation Antiterrorism Officer upon request.

1.6.7.2.0 Contracting Official Representative (COR) – as required.

(1) Will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (Local Access Badge) versus the NACI, which requires fingerprinting and submission of EQIP. NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.

(2) Will ensure that the USMA Form 13-16, Personnel Background Check, is correctly completed and signed by the COR who is a properly cleared Federal Employee.

(3) Will ensure that the USMA Form 13-16, Personnel Background Check, is submitted within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded and work is scheduled to start. Waivers are made for the 10 day suspense on a case by case basis, in emergency situations as needed only.

(4) Will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via EQIP, prior to being issued a CAC and/or given access to the government computer network.

(5) Will ensure that all government issued identification and vehicle stickers are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.

(6) Will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer.

(7) Contractor Vehicles – ensure the contractor understands the parking policy # 13 dated 1 May 2024. Under no circumstances will Contractors Park in Central Parking Area (CPA) Lots. The local general, visitor, and government designated parking areas SHALL NOT be used by the contractor. No general contractor or subcontractor employee parking is available near the immediate site. The contractor will need to identify and locate parking facilities for general and subcontractors on/off of West Point and provide a means for shuttling workers to the site. West Point shuttle services will not be used for transporting workers to the site. Contractors and construction vehicles can only park in pre-approved designated staging areas or as identified in their contract, but not in contradiction of the CPRA Policy or the Installation Access policy #13 dated 12 December 2022. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190-5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is:

(1) Parked illegally.

(2) Interfering with operations

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(3) Creating a safety hazard

(4) Left unattended in a restricted or controlled area.

(5) Parked in a Central Parking Area (CPA) lot without the proper CPA Pass

(6) Parked in a reserved space authorized by the Installation Commander

The COR overseeing the contract will review and coordinate all contractor pass requests.

1.6.7.2.1 Force Protection Conditions (FPCON’s) Clause

a. During higher Force Protection Conditions (FPCON’s) Contract personnel are required to comply with all Antiterrorism policies and procedures while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.

b. Contractors will comply with parking restrictions and will not park in unauthorized parking areas or within 82 feet of an inhabited building when directed.

c. Access control roster (personnel and vehicles) must be provided. Names / vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.

d. All contractor personnel and vehicles are subject to search while on the installation

e. In the event of an identified restricted/exclusion area, the contractor personnel will not be authorized without specific permission or an escort.

f. Access may be denied during increased readiness or Force Protection Conditions (FPCON’s).

1.6.7.2.2 Alien Employment

The contractor shall not employ any alien who does not have a valid US Immigration I-551 or I-

94. The contractor shall provide valid social security numbers and citizenship status of all employees to the Government, upon request.

E-Verify - E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. E-Verify are the best means for determining employment eligibility of new hires and the validity of their Social Security numbers. Contractors shall use E-Verify on all employees that will be working on this installation, under this contract. This shall be done prior to the employee starting work on the installation. For E-Verify information: www.dhs.gov/E-Verify 1-888-464-4218 The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Additional information about trafficking in persons may be found at the website for the http://www.dhs.gov/E-Verify%201-888-464-4218

Attachment 1 – Performance Work Statement Page 13 of 26

Department of State’s Office to Monitor and Combat Trafficking in Persons’ at http://www.state.gov/g/tip.

Government contracts shall —

(a) Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from —

(1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procuring commercial sex acts during the period of performance of the contract; or

(3) Using forced labor in the performance of the contract;

(b) Require contractors and subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; and

(c) Impose suitable remedies, including termination, on contractors that fail to comply with the requirements of paragraphs (a) and (b) of this section.

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personal) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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

1.6.10. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, http://www.state.gov/g/tip

Attachment 1 – Performance Work Statement Page 14 of 26 unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

1.6.11. Contractor Personnel: (This subsection applies to ALL Contractor personnel).

1.6.11.1. Identification of Contractor Personnel: All Contractor personnel attending meetings, answering government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials.

1.6.11.1.1. All Contractor personnel performing work under this contract shall obtain a Department of Defense (DoD) Common Access Card (CAC) if working on the installation The CAC shall be worn at all times, when performing work under this contract, to include attending government meetings and conferences. Unless otherwise specified in the contract, Contractor personnel shall wear in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.

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

1.6.11.1.3. 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 CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

1.6.11.1.4. The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first Final payment may be delayed if Contractor fails to comply with these requirements.

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

1.6.12. Contractor Travel: Contractor shall be required to travel CONUS during the performance of this contract to attend meetings and or conferences. The Contractor may be required to travel to The United States Military Academy, West Point in support of this contract. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR), FAR 31.205-46, and the limitation of funds specified in this contract. All

Attachment 1 – Performance Work Statement Page 15 of 26 travel requires advanced approval/authorization by the COR within 10 business days and via email.

1.6.12.1. Travel Templates. The Contractor shall produce a long distance travel request template, local travel log template, and a long distance trip report template. The templates shall be submitted to the COR within ten (10) days after contract award for approval.

The long distance travel request template shall include, at a minimum: Name, duty position, justification for travel, mode of travel, distance of travel, estimated time of travel, and POC of travel at the support site.

1.6.12.1.1. The Local Travel Log template shall include, at a minimum: Name, duty position, reason for travel, key personnel assisted (name, position, and phone number), significant activities accomplished during visit, follow-up requirements, recommendations/comments and signature block.

1.6.12.1.2. Long Distance Trip Report. Upon completion of long distance travel, a Long Distance Trip Report is required. Trip Reports shall be provided to COR within five (5) work days after travel has been completed. Additionally, all trip reports for the month will be rolled up into the monthly TSR. This report shall be submitted on the approved template and provide a synopsis of accomplishments performed during the travel period. The Contractor shall submit monthly invoices for reimbursement citing the appropriate CLIN. Each individual travel instance must be captured; copies of receipts, travel vouchers, etc. shall be attached to the invoice to support charges. Original receipts shall be maintained by the Contractor and made available to Government auditors upon request.

1.6.12.1.2.1. The long distance trip report template shall include at a minimum: Travelers name, position, reason for travel, mode of travel, duration of travel, destinations, organization visited, key personnel assisted (name, position, and phone number), significant activities accomplished, systems involved, discussion background, follow-up requirements, recommendations/ comments, and signature block.

1.6.13. Other Direct Costs (ODC): N/A

1.6.14. 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 task order shall be government owned and are the property of the government with all rights and privileges of ownership/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.

1.6.15. Organizational Conflict of Interest:

1.6.15.1. Purpose. To aid in ensuring that:

1.6.15.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

Attachment 1 – Performance Work Statement Page 16 of 26

1.6.15.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work…