Performance Work Statement (PWS) Ascom GE Telligence Nurse Call System.docx

PERFORMANCE WORK STATEMENT (PWS)

Preventative Maintenance Services for the Ascom GE Telligence Nurse Call System Bassett Army Community Hospital (BACH) on Fort Wainwright, Alaska

Part 1 General Information

1. Introduction: This is a non-personal services contract to provide preventative maintenance on the Ascom GE Telligence Nurse Call System as defined in this PWS. Ascom requires installation, servicing, and access to manufacturer tech support to be performed by factory-trained technicians as part of its Ascom Certified System Integration program. Ascom has the sole rights to the internal hardware and software knowledge. 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.

1.1 Background: Preventative maintenance is for the Ascom GE Telligence Nurse Call System at Bassett Army Community Hospital (BACH) on Fort Wainwright, Alaska.

1.2 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO).

1.2.1 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.) and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 4. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other contractors.

1.2.2 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable Schedule presented in Technical Exhibit (TE) 2 of this PWS.

1.3 Objectives: The objectives of this service are outlined in Part 5 of this PWS.

1.4 Functional Areas: The functional areas where work shall be performed are outlined in Part 5 of this PWS.

1.5 Period of Performance: The period of performance shall be specified in Part 5 of this PWS.

1.6 Management and Administration

1.6.1 Contractor Management: The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Contract Manager available during normal duty hours. The Contract Manager shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the PWS. At the Post Award conference, the Contractor shall submit to the COR or KO, in writing, the name, title, office, home and mobile telephone number of the Contract Manager. A Contractor employee shall be designated to act for the Contract Manager when work is being performed outside of duty hours, or during the Contract Manager’s absence. Both the Contract Manager and the Contractor employee filling in for the Contract Manager, shall have full authority to act for the contractor on all Contract matters relating to daily operation of this Contract.

1.6.2 Contractor Responsiveness: The Contract Manager or designated alternate shall be available for telephone communication or site attendance, with the KO, as required by the KO, 24 hours a day, 7 days a week. A personal answering service is permitted at other than normal Contract workdays and work hours for receipt of KO emergency response work requirements, provided that the Contract Manager or designee responds to all calls within a time not to exceed two hours after notification of the call by the answering machine and/or service. The Contract Manager and any individuals designated to act in that capacity shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the PWS.

1.6.3 Meetings, Conferences, and Briefings: 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.

1.6.4 Hours of Operation: The Contractor is responsible for conducting business as necessary in order to meet the requirements outlined in this PWS. The Contractor must 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 due to local or national emergencies, administrative closings, or similar Government directed facility closings. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Recognized U.S. Holidays: The Contractor shall be required to provide services on official holidays, if requested.

1.6.6 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

1.6.7 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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, and the minimum acceptable defect rate(s). Inspections and quality assurance will be performed jointly by contractor and the Chief of Facilities/Contracting Officer Representative (COR).

1.6.8 Place of Performance: The place of performance for this service shall be specified in Part 5 of this PWS.

1.6.9 Type of Contract: The government will award a Firm Fixed Price Purchase Order.

1.6.10 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.11 For contractors Requiring Access to a DoD facility or installation: The contractor is responsible for all required coordination with Fort Wainwright, Alaska and Bassett Army Community Hospital (BACH) military authorities and civilian authorities, to obtain base passes, traffic passes, area passes, or airfield passes that provide appropriate access for the vehicles to military facilities and civilian airfields. Should the contractor have difficulty obtaining the necessary passes, they shall contact the Contracting Officer Representative (COR) immediately. Contractors operating vehicles on any federal installation/ post shall not use cell phones unless the vehicle is safely parked or unless they are using hands -free cellular device. The wearing of any other portable headphones, earphones or other listening devices (except for hands-free cellular devices) while operating a motor vehicle is prohibited. Civilians, contractors, and visitors to the installation who fail to comply with this policy are subject to administrative action to include loss of driving privileges on post and removal from and/or denial of re-entry to this installation.

1.6.12 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 Subpart 42.5. The contracting officer or 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 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.

1.6.13 Key Personnel: The follow personnel are considered key personnel by the government: Contract Manager/Alternate contract manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person 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 24 hours a day, 7 days a week.

1.6.14 Identification of Contractor Employees: All contract 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel identification shall be easily identifiable through the display of badges.

1.6.15 Contractor Travel Contractor: Travel will not be separately priced. All Contractor travel shall be calculated into the overall price.

1.6.16 Organizational Conflict of Interest: 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 Organizational Conflict of Interests (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. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 Safety: All contracted personnel shall comply with the Army Safety Program AR 385-10 and DA PAM 385-10. The contractor shall ensure that each employee is equipped with U.S. and Local National Safety equipment including but not limited to: protective clothing, eye protection and hearing protection in accordance with (IAW) Occupational Safety & Health Administration (OSHA) Code of Federal Regulations (CFR) Title 29 Part 1910 (OCCUPATIONAL SAFETY AND HEALTH STANDARDS). They must adhere to any additional Local National standards imposed on the contractor that are in addition to the U.S. standards listed in the CFR above.

1.6.17.1 Safety Plan and Program: The contractor shall be subject to routine safety inspections from the US and Local Government. Inspection checklists are available upon request and are derived from DA PAM 385-10. The Contractor shall develop a Safety Plan IAW DA PAM 385-10.

1.6.18 Environmental Compliance: The contractor shall be responsible for the proper handling, storage, and preparation for disposal of all hazardous materials used in performance of this contract in accordance with the installation's hazardous material procedures. Hazardous material and waste shall be turned in to a designated and authorized collection point only. The contractor shall maintain clean and safe working areas, to include immediate cleanup of any hazardous material spill or other hazards in the Contractor’s working area. Working areas are subject to inspection by US and local Government officials.

1.6.18.1 Environmental Compliance Plan and Program: In the performance of this contract the Contractor shall ensure that all hazardous material will be disposed IAW all US and local environmental laws and regulations.

1.6.19 Cell Phone Use: Contractors operating vehicles on any federal installation/ post shall not use cell phones unless the vehicle is safely parked or unless they are using hands -free cellular device. The wearing of any other portable headphones, earphones or other listening devices (except for hands-free cellular devices) while operating a motor vehicle is prohibited. Civilians, contractors, and visitors to the installation who fail to comply with this policy are subject to administrative action to include loss of driving privileges on post and removal from and/or denial of re-entry to this installation.

1.6.20 AT Level I training: All contractor employees, to include subcontractor employees, requiring access to federal installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

1.6.21 Sexual Assault and Sexual Harassment Policy: The contractor shall comply with and ensure all employees comply with the Sexual Assault and Sexual Harassment Policy outlined in Attachment 3 of this document. The contractor shall annually train all employees to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all contractor employees understand the definitions and policy outlined in Attachment 3. Each employee’s compliance with this training requirement shall be reported to the Contracting Officer prior to the employee being allowed access to the worksite. The contractor shall inform the Contracting Officer immediately of:

Any information it receives from any source (including host country law enforcement) that alleges a contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy.

Any actions taken against contractor employees, subcontractors, or subcontractor employees pursuant to this policy

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED ITEMS AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. Services. Not Applicable

3.2. Facilities. Not Applicable

3.3. Utilities. Not Applicable

3.4. Equipment. Not Applicable

3.5. Materials. Not Applicable

PART 4

CONTRACTOR FURNSIHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General. The Contractor shall furnish all supplies, equipment, facilities, personnel, and services required to perform work under this contract. Less those, if any, that are listed under Part 3 of this PWS.

4.2 Secret Facility Clearance: Not Applicable

4.3 Materials. The Contractor shall furnish all materials necessary to perform work under this contract to meet the requirements under this PWS.

4.4 Equipment. The Contractor shall provide all equipment necessary to perform work under this contract to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5.1. Basic Services: The contractor shall provide preventative maintenance services on the Ascom GE Telligence Nurse Call System. The Ascom GE Telligence Nurse Call System is a life safety system which is listed by the FDA as a class 2 medical device and by Underwriters Laboratory (UL) to its 1069 Hospital Signaling and Nurse Call Equipment standard. The GE Telligence Nurse Call System and all connected devices shall be maintained with technology updates and support, along with essential spare parts replacement of components. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide requested preventative maintenance services as outlined in the PWS. The contractor is responsible for those they are escorting at all times while on the premises. Contractor shall maintain inventory levels and replace any damaged or broken parts and components with new parts and components. Contractor shall provide on-line troubleshooting & diagnostic technical support. Contractor will provide an annual on-site visit to perform a database backup and system functionality overview and any training requested or needed for any upgrades to the system. Annual Testing, Maintenance, and repairs shall not interfere with daily clinical operations. It is performed on-site only. Their findings will be provided to Chief of Facilities within three (3) days of the annual on-site visit. In the event that a deficiency is found during the testing that renders the system unreliable, the contractor shall contact the Chief of Facilities with a proposed solution and time line to correct the deficiency.

5.1.1 Period of Performance: The Period of Performance shall be for 1 base year and 4 option years. The Period of Performance reads as follows:

Base year: September 1, 2022 – August 31, 2023 Option year 1: September 1, 2023 – August 31, 2024 Option year 2: September 1, 2024 – August 31, 2025 Option year 3: September 1, 2025 – August 31, 2026 Option year 4: September 1, 2026 – August 31, 2027

5.1.2 Place of Performance: The work to be performed under this contract will be performed at Bassett Army Community Hospital (BACH) on Fort Wainwright, Alaska during the period of performance described in this PWS.

5.1.3 Hours of Operations: Designated Contractor shall be on-site within 24 hours of the government’s request for services. The contractor shall be available 24 hours a day, 7 days a week for telephonic technical support. The preventative maintenance and urgent service calls that occurs during normal operating hours of the hospital, coordinate with the COR.

5.2 Scope:

5.2.1 Notwithstanding any other provisions, designated Contractor shall comply with all U.S laws (as applicable), regulations and guidelines in the performance of this requirement, and shall meet, at a minimum, U.S. Military Service standards unless otherwise stated. In case of conflict, contractor shall identify the conflict to the Contracting Officer. In the absence of specific direction from the Contracting Officer the Contractor shall comply with the most stringent requirements.

5.2.2 The general scope of contract performance includes performing preventative maintenance, unscheduled maintenance, and 24/7 telephonic technical support on the Ascom GE Telligence Nurse Call System.

5.2.3 Preventative maintenance shall be performed by the contractor twice a year with a minimum of six months in between.

5.2.4 The contractor shall provide 24/7 telephonic technical support to resolve issues.

5.2.5 When telephonic technical support fails to resolve the issues with the system, the contractor shall perform on-site repairs within 24 hours.

5.2.6 The contractor shall use only Ascom GE Telligence Nurse Call System components, that are brand specific, and have no generic or other-than Ascom GE replacement parts that can retain certification as a safety device. As such, the brand name of Ascom GE is required for both safety certification and proper function of the system. Contractors shall be factory-trained technicians as part of its Ascom Certified System Integration program. Essential features and equipment such as network servers, beside speakers and notifications lights outside patient rooms shall only be maintained by Ascom authorized vendors to maintain safety certification.

5.3 Employees Code of Conduct

5.3.1 Persons Excluded from the Premises: Contractor shall not allow anyone banned by the U.S. Government or Military authority to operate the contracted leased vehicles for services as outlined in this PWS.

5.3.2 Security Requirements: Contractor shall adhere to current installation security policies for job sites requiring access U.S. Army Installations. Employees may be subject to search upon access to the installation and while working on the installation in accordance with local policies and security procedures.

5.3.3 Employee Uniforms: Contractor personnel shall present a neat appearance and shall be easily recognized as a Transportation Employee. Employees shall wear contractor-furnished uniforms when on duty. Contractors will be issued MEDDAC Visitors ID badge.

5.3.4 Tobacco Use: Contractor employees shall not use tobacco in any form, except during break periods in designated smoking areas.

5.3.5 Conduct of Employees: The Contractor shall be responsible for the performance and conduct of all personnel employed under this contract. The Contractor shall prohibit employees from performing work under this contract while under the influence of alcohol, drugs, and other incapacitating agents. Contractor personnel shall abide by all security regulations of the installation and shall be subject to such checks as may be deemed necessary. Verbal or physical abuse will not be tolerated. Contractor personnel shall not purchase any items from the local economy for any U.S. Personnel without authorization from the Contracting Officer or COR. Contractor personnel shall not utilize personal cameras or recording devices to take pictures, video or audio recordings of U.S. personnel, equipment, or installations without first obtaining permission to do so. Any devices used to record without permission are subject to inspection or confiscation by U.S. security officials. Devices will be returned once sanitized.

5.3.6 Alcoholic Beverages/Drugs: The use of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. The Contractor shall be required to immediately remove and replace employees who are under the influence of alcohol or drugs.

5.3.7 Health Considerations: Personnel with evidence of communicable disease, infected wounds, open sores, or acute respiratory infection, shall be referred to a doctor to receive written clearance before returning to the food serving area. Personnel with health problem(s) shall not be permitted to work in any capacity where there is likelihood contamination with pathogenic organisms, or transmitting disease agents to others. Personnel relieved of duty due to illness must have medical clearance from a physician before returning to work. The contractor shall adhere to all COVID guidelines The contractor shall adhere to all COVID guidelines as published by the CDC and the Garrison while executing services under this contract on a Military Installation.

5.3.8 Emergency Medical Treatment: Government furnished medical service is not available to contractor personnel except to save life, limb, or eyesight

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

AR 25-2 Army Cybersecurity

6.1 Contractor Adherence: The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. The personnel working on this contract are not engaged in intelligence gathering operations involving the Local Government or its citizens. Each contractor is screened through extensive background checks and submitted to intensive periodic investigations conducted by the U.S. Government to ensure they are trustworthy. Further, each is fully trained on safeguarding information. Any contractor under this contract suspected of engaging in the monitoring local citizens will immediately be removed from the contract and if found to be in violation, will likely be released from employment and prosecuted under the appropriate provisions of US and local law. In all aspects of the services provided, local law will be respected and obeyed to the fullest extent.

6.2 Applicable Forms: All required forms can be located at the following link: http://www.apd.army.mil.

PART 7

TECHNICAL EXHIBIT LISTING

7. Technical Exhibit List:

7.1 Technical Exhibit 1 – Performance Requirements Summary

7.2 Technical Exhibit 2 – Deliverables Schedule

7.3 Technical Exhibit 3 – Sexual Assault and Sexual Harassment Policy

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

1) PWS Part 1 Management and Administration Contractor shall comply with PWS provisions relating to Management and Administration operations.

Monthly COR PRS inspection checklist Pass / Fail criteria. Document Number:

Inspection Checklist.

2) PWS Part 1 Management and Administration Contractor shall comply with PWS provisions relating to Management and Administration processes.

/ Fail criteria. Document Number:

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate 100% Inspection of COR PRS Inspection Checklist.

Technical Discrepancies Periodic Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Contract Manager and designated alternate

Identification for all

Contractor

Employees requiring access to the place of performance

License Plate numbers, Driver’s

License number, and

Names and contact info of Drivers.

TECHNICAL EXHIBIT 3

SEXUAL ASSAULT AND SEXUAL HARASSMENT POLICY

(a) Definitions. As used in this policy –

“Sexual Assault” means – A crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. “Consent” will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.

“Sexual Harassment” means – Gender discrimination that involves unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature between the same or opposite sex genders when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Categories of sexual harassment are:

(1) Verbal – Examples include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one’s physical appearance in a sexual manner.

(2) Nonverbal – Examples include staring at someone, blowing kisses, winking, or licking one’s lips in a Suggestive manner. The term may also include printed material (for example, displaying sexually oriented pictures or cartoons); using sexually oriented screen savers on one’s computer; or sending sexually oriented notes, letters, faxes or email.

(3) Physical Contact – Examples include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs.

(b) Policy. The Department of Defense has adopted a policy to prevent sexual assault and sexual harassment. Contractors and contractor employees shall not –

(1) Commit acts of sexual assault against any person on any camp, post, installation, or other United States enclave; or

(2) Sexually harass any person on any camp, post, installation, or other United States enclave.

(c) Contractor requirements. The Contractor shall –

(1) Notify its employees of –

(i) The Department of Defenses’ policy described in paragraph (b); and

(ii) 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;

(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b); and

(3) Annually train all employees to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all contractor employees understanding the definitions outlined in paragraph (a) and the policy in paragraph (b). Each employee’s compliance with this training requirement shall be reported to the Contracting Officer’s Representative prior to the employee being allowed access to the worksite.

(d) Notification. The Contractor shall inform the Contracting Officer immediately of –

(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and

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

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this policy may result in –

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(6) Suspension or debarment.

(f) Subcontracts. The Contractor shall include the substance of this policy, including this paragraph (f), in all subcontracts.

(g) Mitigating Factor. The Contracting Officer may consider whether the Contactor had a Sexual Assault Prevention and Response training program at the time of the violation as a mitigating factor when determining remedies. Additional information about Sexual Assault Prevention and Response training programs can be found at the Department of Defense Sexual Assault Prevention and Response Home Page, http://www.sapr.mil.