PWS Sentinel Radar 2 Platform.pdf

PERFORMANCE WORK STATEMENT (PWS)

Sentinel Radar Two Mount–Ali Al Salem Air Base, Kuwait

1 March 2024

Part 1

General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) 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. Emergency maintenance response is expected 24/7. The Contractor must at all times maintain an adequate workforce for performance of all tasks defined within this Performance Work Statement (PWS). Unless otherwise specified, the

Contractor’s will complete the services daily and be readily available for emergency support. Consideration must be made for local holidays due to local labor laws to maintain this schedule. Further consideration must be made for nationalities that are allowed to work within the Kuwait, due to limitations imposed by the local

Government on the number of specific nationalities which are allowed to work within the country at any given time.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide fabrication, delivery, and installation of a pre-engineered steel structure for approximately thirteen-ton load and prefabricated staircase, as defined in this PWS for Ali Al Salem Air Base (AASAB), Kuwait. The

Contractor shall provide non-personal service(s). The Contractor shall provide all labor, equipment, supplies, facilities, transportation, tools, materials, quality control, supervision, and other items and non-personal services necessary to provide services specified herein as defined in this PWS except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: For purposes of this document, the services to be performed in this PWS will be located at the Sentinel Radar 2 site on Ali Al Salem Air Base, Kuwait.

1.3 Scope: The range of services provided shall not change. All support services detailed in this

PWS for Ali Al Salem Air Base, Kuwait shall be provided on a full-time basis.

1.4 Objectives: The contractor shall fabricate, deliver, and install a steel structure to bear a thirteen-ton load to support a sentinel radar and a prefabricated staircase as well as staffing, to include personnel and management, to conduct all services required within this PWS.

1.5 General Information: Shall be a base until complete.

1.5.1 Quality Control Plan (QCP): The contractor shall develop and maintain an effective quality control program (QCP) 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. The QCP shall be submitted with the contractor’s proposal and three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter

(A.001). After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system. At a minimum, the QCP must include the following to be acceptable:

1.5.1.1 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 within 5 working days of award (A.002).

1.5.1.2 The contractor shall document how to monitor work to ensure that performance complies with all deliverables (etc... timelines, deadlines, and goals).

1.5.1.3 The Contractor shall document how to monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.

1.5.1.4 The Contractor shall document how to identify, investigate and correct any non-conforming performance and prevent similar deficiencies in the future.

1.5.1.5 The Contractor shall document how to file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 3 hours of identifying those issues. Verbal reports shall be followed up by written reports within 2 business days. (A.003).

1.5.3 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, and the acceptable quality levels (performance thresholds).

1.5.4 Recognized Holidays: Work shall be performed on all US and local host nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

1.5.5 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:

1.5.5.1 Government Facility Office Hours: The Government facility office hours are 24 hours a day, Monday through Sunday, to include U.S. and host nation holidays, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.5.2 Government Facility Operating Hours: The Government facility operating hours shall occur

24 hours a day, Sunday through Saturday. The Government facility shall be open for operations during the recognized holidays identified in paragraph 1.5.5 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and shall be communicated by the Contracting Officer to the Contractor.

1.5.5.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 to

2300, seven days a week and emergency support 2301 to 0659, seven days a week. 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.

1.5.5.4 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, at a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within 5 days after date of contract award (A.004). The Government shall review and either accept or return their comments to the Contractor within 5 days. The Contractor shall then have 3 days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum two

(2) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.6 Training Holidays: N/A

1.5.7 Place of Performance: The work to be performed under this contract will be performed in the vicinity of Ali Al Salem Air Base, Kuwait, hereafter referred to as AASAB, Kuwait. The exact locations will be provided after award.

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

1.6.1 Security Program: Reserved

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access: In addition, the Contractor shall provide the Contracting Officer, via the COR, an

Initial Installation Pass Log within 3 days after contract award (A.005). The log must, at a minimum, contain the employee’s full name. The log shall be updated as employees are added or removed. The Updated

Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within two (2) days after any changes to the log.

1.6.3.1 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 3 days (A.006).

1.6.3.2 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 3 days. (A.007)

1.6.3.3 Site Access. The Contractor’s employees will not be permitted on the AASAB, Kuwait site when their presence is considered detrimental to the security of the installation. The Government reserves the right to require removal from the job site any Contractor employee who endangers persons or property, whose continued employment is considered inconsistent with the interest of military security or who is found to be incapacitated or under the influence of alcohol, drugs, or other substances. Removal of employees for any reason does not relieve the Contractor of the requirements to perform services specified herein. Access and general protection / security policy and procedures Contractor and all associated sub-contractors’ employees shall provide all information required for background checks to meet access requirements. 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.

1.6.3.4 Common Access Cards (CAC): Reserved

1.6.4 Background Checks: DFARS 252.225-7995 provides guidance pertaining to background checks for

U.S. and Host Nation Contractors. The Contractor personnel and personnel of sub-contractors will be processed under this contract using the established procedures. The Contractor shall perform necessary background/records checks on all employees to ensure that they have no history of derogatory information which preclude the employee from coming into the Kingdom of Saudi Arabia or being allowed to enter the

AASAB, KUWAIT. Further, the Government may also perform background/record checks on the Contractor employees. The Government reserves the right to have the Contractor remove any employee from the work area that the Government deems to be unsuitable.

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The

Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the

Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 5 days of receipt by the Contractor, identifying such with the appropriate contract number (A.008). The

Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 5 days of receipt by the Contractor, identifying such with the appropriate contract number (A.009). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Other Country Nationals: Local national and other country national

Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. Forwarding correspondence from the Contractors shall identify the associated contract number. Local nationals and other country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

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

1.6.7 The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement

OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530‐1.

1.6.8 Threat Awareness Reporting Program: For all contractors with security clearances. Per AR

381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual

TARP training by a CI agent or other trainer as specified in 2-4b.

1.7 Key Control: Reserved

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any 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: Reserved

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 as such 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 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting

Officer via the COR for review and acceptance 5 days after contract award (A.010). Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.11.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715, The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting

Officer 7 days after award and updated as needed to reflect Contractor personnel changes. (A.011)

1.12 Contractor Travel: Reserved

1.13 Other Direct Costs (ODCs): Reserved

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: Reserved

1.16 Non-Disclosure Statements: Reserved

1.17 Organizational Conflict of Interest (OCI): Reserved

1.18 Phase In /Phase Out Period: Reserved

1.19 DBA Proof of Insurance. As noted in the CLINs for this requirement, the Contractor shall provide a policy of Defense Base Act Workers’ Compensation to the Contracting Officer. The DBA requirement also applies to all subcontractors performing under this PWS. If a subcontractor is performing work under this

PWS, the Contractor shall provide evidence of subcontractor’s DBA insurance to the Contracting Officer.

Absent submission of a subcontractor’s DBA policy, the Contractor is required to provide the coverage for the subcontractor’s employees and show proof of insurance. Insurance must be obtained from a provider on the list at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. Purchase of DBA insurance from any provider not on the approved list means that the contractual requirements of FAR 52.228- 3 are not met. If the expiration date of the policy is before the performance ends, then prior to expiration, the Contractor shall provide a new policy or renewal of existing policy to cover the performance to the ending date of performance. The

Contractor shall keep posted in a conspicuous place in and about its place of business either a typewritten or printed notice on Forms LS-241 (Notice to Employees) or LS-242 (Notice to Employees for Self-Insured

Employers). Such notice must also contain the name and address of the employer representative to whom notice of injury is given, and the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. Posted notice shall be written in the language of the employees. Additional information is available at http://www.dol.gov/owcp/dlhwc/Isdba.html.

1.20 Reserved

1.21 Safety:

1.21.1 General Requirements. Contractor will implement and maintain safety programs that provide oversight, focusing on preventing accidents and preserving the life and health of contractor and government personnel involved in the performance of the contract or receiving services provided by the contract. The implementation of these programs shall also serve to protect government property against accidental and negligent loss.

1.21.2 Record and report all accidents for contract employees and government personnel. Reports for all accidents shall be maintained by the contractor’s safety office. Accident investigations and reports shall be performed IAW AR 385‐10 and DA PAM 385‐40.

1.21.3 The Contractor shall: Provide suitable PPE for all employees as required in specific functional areas.

Ensure and verify that all employees understand and comply with all safety regulations and any specific regulations that are required at a specific work site. Consideration may be granted if the changes require additional training time or significant skill requirements as determined by the US Government Safety Program Coordinator.

Provide safety hats to personnel that protect against falling objects. This item shall be worn by all personnel during pulling, storing, and loading and unloading supply operations. Ensure employees wear boots or other http://www.dol.gov/owcp/dlhwc/lscarrier.htm http://www.dol.gov/owcp/dlhwc/Isdba.html industry standard safety footwear during warehouse operations (pulling, storing, loading and unloading supplies). These boots shall have steel or industry approved toe reinforcement.

1.21.3 Provide and ensure the wear of approved eye protection to protect from falling fragmentation.

The eye protection shall have day (high visibility) lens and a clear/yellow (Low Visibility) lens, or may be two different glasses meeting the same requirements.

1.21.4 Ensure compliance with safety requirements to include the standards and requirements outlined by the Occupational Safety and Health Administration (OSHA), the National Fire Protection Administration, Department of Defense, and the Department of the Army.

1.21.5 Immediately notify the designated Government representative of any injury to a contractor employee. The Government will advise the contractor if additional information or forms are required. The contractor shall prepare a Report of Accident, U.S. Army Accident Report, and DA Form 285 and forward the original and one copy to the Contracting Officer within five (5) workdays after a reportable accident occurs. In addition, the contractor shall also address accidents in its Safety Plan.

1.21.6 The Contractor shall comply with all safety requirements, to include the standards and requirements outlined by OSHA, the National Fire Protection Administration, Army Regulation 385-10

(Army Safety Program), the Department of Defense, and the Department of the Army.

1.21.7 Host Nation 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)), and applicable Host Nation Safety Laws and

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

1.21.7.1 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. 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.

1.21.7.2 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).

1.21.7.3 The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

1.21.7.4 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 15 calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase.

1.21.7.5 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.

(iii) Steel-toed safety boots.

http://www.usace.army.mil/

(iv) Hard hat.

(v) Safety eye wear

(vi) Safety gloves

1.21.7.6 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal, State, Local and Host nation law requirements governing safety and health protection on construction sites and any other applicable occupational safety codes. The Contractor shall coordinate all work at the site, including development of plans and providing advance notices. 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. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

1.21.7.6.1 For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than

5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

1.21.7.6.2 The Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required. The SIGE shall be submitted two days prior to mobilization. In addition, the Contractor shall appoint a qualified Safety

Coordinator who will ensure that safety measures are implemented during construction. The Safety

Coordinator must meet minimum training and experience requirements required under Host Nation laws.

1.21.7.6.3 The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

1.21.7.6.3.1 Maintenance of tools and equipment.

1.21.7.6.3.2 Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances. 1.21.7.6.3.3 Modifying performance periods for such work, taking into consideration the site conditions.

1.21.7.6.3.4 Organizing cooperation between different employers and Contractors without employees.

1.21.7.6.3.5 Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.21.7.7 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than 3 days ( A.012) that such notifications were made.

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

1.22.1 Environmental Compliance Plan and Program: The Contractor shall: Provide a workforce certified and trained in hazardous material handling operations who possesses a certificate of training for basic HAZCOM training according to workplace hazards per 29 CFR 1910.1200 and the Department of

Transportation (DOT) provisions under 49 CFR 172, for the transportation of biological wastes, infectious wastes, radiological wastes and HM and are HAZWOPER certified. Make technical and educated decisions on borderline cases within assigned areas of responsibility.

1.22.2 Create and maintain updated Standing Operating Procedures (SOP) addressing flammable/ hazardous material.

1.22.3 Maintain current knowledge of flammable/hazardous material handling guidelines, keep abreast of, and implement latest procedural changes in storing and handling flammable/hazardous material.

1.22.4 Maintain special storage areas and locations for flammable/hazardous supplies prior to storing materiel.

1.22.5 Receive and store flammable/hazardous material IAW OSHA standards. Ensure any new HAZMAT materiel is moved to the designated warehouse within 72 hours of receipt of the same.

1.22.6 Check all incoming hazardous/flammable material for damage, tampering or other deficiencies and take appropriate action prior to placing materiel into location or further routing to customer.

1.22.7 Determine short or misplaced items and initiate corrective action. Conduct causative research within 8 hours after finding discrepancy. Provide Memo to the forward site manager with the details of the short or misplaced items and the corrective action taken within 16 hours after the conclusion of the causative research, if the discrepancy still exists.

1.22.8 Check continuously for expiration dates on the spill response substances and replace when expired or deleted.

1.22.9 The Contractor shall compile, pack, and mark items for shipment/issue ensuring compliance with supporting documentation.

1.22.10 Ensure that storage area and materiel stored are protected against damage, deterioration and pilferage.

1.22.11 Transcribe all necessary supply transactions and data required to update the processing system.

1.22.12 Ensure materiel is marked and labeled in accordance with OSHA standards and have appropriate

Safety Data Sheets (SDS) available.

1.23 Required Training: The following provides information on training requirements. Provide trained, qualified, certified, and licensed personnel as may be needed to perform the requirements of this contract in an efficient, safe, and cost effective manner under the requirements specified in individual sections of the Performance Work Statement (PWS). All Contractor personnel required to interact with Government personnel shall be able to converse fully in English.

1.23.1 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 5 days (A.013) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 5 days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (A.014) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a

COR is not assigned) within 5 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 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 3 days after completion of the training.

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I

OPSEC training within 5 days of employment under this contract and provide the certifications to the COR

(A.015). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance http://www.cdse.edu/catalog/elearning/GS130.html roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training (A.016).

1.23.3 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 7 days after the contract is awarded and within 5 days after new employees commence contract performance, with the results reported to the COR within 5 days after the contract is awarded and within 7 days after new employees commence contract performance (A.017). Training slides can be found on Army OneSource:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.23.4 Information Assurance (IA) Training: Reserved

1.23.5 Personally Identifiable Information (PII): Reserved

1.24 Sexual Assault and Sexual Harassment Policy: The Contractor shall ensure all employees comply with the Sexual Assault and Sexual Harassment Policy outlined below.

1.24.1 Sexual Harassment Policy Compliance: The Contractor shall certify that all employees performing work under this contract have been fully trained per the requirements below. The COR shall be provided with the following information at a minimum: employee’s name, civil identification number and date trained. Proof of Sexual Harassment Policy Compliance is due within five (5) days after initial contract award and within 48 hours after arrival of new personnel on site (A.018).

1.24.2 The Contractor shall conduct training of all employees annually to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all the Contractor employees understand the definitions and policy outlined below.

1.24.3 Each employee shall be in compliance with the training requirement and shall be reported to the

Contracting Officer Representative prior to the employee being allowed access to the worksite."

1.24.4 Sexual Assault and Sexual Harassment Policy 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.

1.24.4.1 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:

1.24.4.1.1 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.

1.24.4.1.2 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.

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

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

1.24.4.2 Policy. The Department of Defense has adopted a policy to prevent sexual assault and sexual harassment. Contractors and contractor employees in the Army Central Command (ARCENT) Area of

Responsibility (AOR) shall not –

1.24.4.2.1 Commit acts of sexual assault against any person on any camp, post, installation, or other

United States enclave within the ARCENT AOR; or

1.24.4.2.2 Sexually harass any person on any camp, post, installation, or other United States enclave within the

ARCENT AOR.

1.24.4.3 Contractor requirements. Reserved

1.24.4.4 Notification. The Contractor shall inform the Contracting Officer immediately of –

1.24.4.4.1 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

1.24.4.4.2 Any actions taken against Contractor employees, Subcontractors, or Subcontractor employees pursuant to this policy.

1.24.4.5 Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs 1.23.4.3, 1.23.4.4, or 1.23.4.6 of this policy may result in

1.24.4.5.1 Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

1.24.4.5.2 Requiring the Contractor to terminate a subcontract;

1.24.4.5.3 Suspension of contract payments;

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

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

1.24.4.5.6 Suspension or debarment.

1.24.4.6 Subcontracts. Reserved.

1.24.4.7 Mitigating Factor. The KO may consider whether the Contractor 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."

1.24.5 Sex Offenders. A sex offender is defined as any person, including but not limited to a Service member, Service member’s Family member, civilian employee, civilian employee’s family member, or contractor, who either is registered or required to register as a sex offender by any law, regulation or policy of the United States, the Department of Defense, the Army, a State, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, America Samoa, The Northern Mariana Islands, the U.S. Virgin

Islands, or a federally recognized Indian tribe. This definition is not limited to persons convicted for felony http://www.sapr.mil/ sex offenses but includes all persons who are registered or required to register as a sex offender regardless of the classification of their offenses, including felonies, misdemeanors, and offenses not classified as a felony or misdemeanor.

1.24.5.1 All sex offenders shall register in accordance with the Sex Offender Notification Act and shall register with the local Installation, Base, or Camps Provost Marshal Office.

1.24.5.2 Registrants will produce evidence of the qualifying conviction or the sex offender registration paperwork, to include the state/sovereign in which the sex offender was convicted, date of conviction, and results of conviction, to include length of time required to register and any specific court ordered restrictions.

1.24.5.3 Persons who are sex offenders include those convicted by a foreign government of an offense equivalent or closely analogous to a covered offense under the Uniform Code of Military Justice as provided in AR 27-10. See 42 USC 16911(5)(B) and U.S. Department of Justice, Office of the Attorney General, The

National Guidelines for Sex Offender Registration and Notification, Final Guidelines, 73 FR 38030, 38050-1

(July 2, 2008) for guidelines and standards

1.25 Notice to Proceed: A notice to proceed letter shall be issued, constituting the notice to proceed.

1.26 Government Property and Services: Reserved

1.27 Contractor Quick Reaction Notification: Due to the current Contingency environment and changing mission requirements all contractors shall follow the below instructions in reference to reaction notifications:

1.27.1 Once notified in writing by the Contracting Officer the Contractor will have 24 hours to remove all assets from the operating area.

1.27.2 Contractor assets not removed within the given timeframe will be the responsibility and liability of the Contractor.

1.27.3 The Government will not be liable for any assets not removed or abandoned by the Contractor.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer (KO) – means 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.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart

202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference

(e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s COR, technical point of contact, COR, alternate

COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter

2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means 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.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the

Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished property - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor- acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards

(i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the

PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each

HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract…