PWS TECOM HPB_Draft.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

HUMAN PERFORMANCE STANDARDS DEVELOPMENT AND SUPPORT

1. Background. Established in 2017, the mission of the Force Fitness Division, now the Human Performance Branch (HPB) under Policy and Standards Division, is to be the service-level organization for development and implementation of policy, standards, guidance, and reporting of all matters related to general physical fitness, occupational fitness, performance nutrition, body composition, martial arts, water survival, and sports medicine/injury prevention based on requirements and direction from higher headquarters. The HPB is also responsible for executing and supporting research and assessment in these areas. The HPB exercises its functions through broad coordination and collaboration with commands and agencies internal and external to the Marine Corps involved in similar responsibilities. This includes, but is not limited to, Semper Fit, Health Services, the Joint Staff, Office of the Secretary of Defense, other Services and various boards, bureaus, cells and working groups. Contractor support is necessary to support a variety of HPB responsibilities.

2. Scope of Work. The Contractor will provide technical, and analytical support to TECOM for the development, revision, analysis and validation of physical readiness testing, revision or development of physical fitness policies, publications, and training standards; and expansion of the United States Marine Corps (USMC) Sports Medicine and Injury Prevention program from TECOM sites to the Operating Forces.

3. General Requirements.

3.1 Work Location. Contractor provided facility.

3.2 Security.

3.2.1 The Contractor will not require direct access to any secure data systems or materials in support of this call.

The information provided to the Contractor will be unclassified and/or sensitive unclassified information. The Contractor is not required or expected to have a Facility Clearance and Contractor personnel supporting this effort are not required to possess Personnel Clearance Levels.

3.2.2 Contractor employees performing on this contract will require Common Access Cards (CACs) in order to perform their job function. In accordance with Headquarters, United States Marine Corps issued guidance relative to Homeland Security Presidential Directive – 12 (HSPD-12), all personnel must meet eligibility criteria to be issued a CAC. In order to meet the eligibility criteria, all contractor employees must be accurately populated in the Joint Personnel Adjudication System (JPAS) under their respective CAGE Code. Each contractor employee’s JPAS record must also reflect a favorably adjudicated Personnel Security Investigation (PSI) or (at a minimum) that a PSI has been submitted and accepted (opened). If a contractor employee’s open investigation closes and is not favorably adjudicated, the CAC must be immediately surrendered/retrieved and revoked. Contractor CACs are issued with a “ctr.usmc.mil” e-mail account that the individual contractor is responsible to keep active by logging in on a regular basis (at least twice a month), sending an e-mail and clearing any unneeded e-mails. Contractors are prohibited from “auto-forwarding” their (.mil) e-mail account to their (.com) or any other e-mail / item account. CACs will only be issued to those contractors supporting this contract that have been authorized by the Contracting Officer’s Representative (COR). The COR will only authorize CACs for those contractors that meet current Homeland Security Presidential Directive – 12 (HSPD-12) criteria and have a definitive requirement. CACs are not issued for convenience.

3.3 Performance Standards.

3.3.1 The Contractor will provide the necessary resources to manage and administer this requirement and to facilitate communications between TECOM leadership and stakeholders involved in the requirement efforts. The Contractor will identify a Program Manager who will coordinate requirement activities with the COR and Government principals. The name of this person must be designated in writing to the COR, within ten (10) business days from date of contract award. The Program Manager will have full authority to act for the Contractor on all contract matters relating to this requirement. At all times, the Contractor will be responsible for the actions of its teaming partners and subcontractors. The Contractor is responsible for performance quality (e.g. Quality Assurance Surveillance Plan (QASP) compliance), and deliverables associated with the contract. At no time shall any information be subcontracted, farmed, reviewed, analyzed, or processed by any company owned or operated by a foreign nation, or by personnel that are foreign nationals. All labor is to be performed by U.S. owned and operated contractors and their subcontractors must also be U.S. owned and operated. The prime contractor will inform all subcontractors of this limitation and requirement.

3.3.2 The Government shall neither supervise contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, the Contractor’s must immediately notify the Procuring Contracting Officer (PCO).

3.4 Government Responsibilities and Interface. The COR will have technical oversight and will execute responsibilities related to performance, deliverables acceptance, invoice certification, and coordination of work effort. The Regional Contracting Office (RCO) Procuring Contracting Officer (PCO) will interface with the Prime Contractor’s representative for payment and administration issues.

3.5 Applicable References. The Contractor will use the below references as a guide to the extent necessary to accomplish the tasks as stated in this requirement. The most recent revision of the references shall be used unless otherwise specified. If during the execution of this requirement the Government uncovers the need for additional references or changes to cited references, the Government will provide these to the Contractor.

a) Marine Corps Order (MCO) 3900.18 Human Research Protection Program (HRPP)

b) Department of Defense Instruction (DODI) 3216.02 Protection of Human Subjects and Adherence to

Ethical Standards in DoD-Supported Research

c) USMC Human Research Protection Program Policy and Procedures of 20 May 19Privacy Act of 1974, Public Law 93-579, as amended

d) DOD Directive 5400.11 Department of Defense Privacy Program (Oct 29, 2014)

e) DOD Directive 5400.11-R, Department of Defense Privacy Program (May 14, 2007)

f) SECNAVINST 5211.5E, Department of Navy Privacy Program (December 28, 2005)

g) SECNAVINST 3900.39E and CH-1 Human Research Protection Program

h) DoD Memo, Guidance on Protecting Personally Identifiable Information (PII), of 18 August 2006

i) United States Marine Corps Enterprise Cyber Directive 011 Personally Identifiable Information Version

2.0, of 30 November 2011

j) Joint Secretary of Defense and Chairman of the Joint Chiefs of Staff Memorandum: Elimination of the

1994 Direct Ground Combat Definition and Assignment Rule dated 24 Mar 2013

k) Chairman of the Joint Chiefs of Staff Information Memorandum: Women in the Service Implementation

Plan dated 9 Jan 2013

l) MCO 6100.14 Marine Corps Physical Fitness Program

m) MCO 1500.62 Force Fitness Instructor Program

n) MCO 6100.13A Marine Corps Physical Fitness and Combat Fitness Tests

o) MCO 6110.3A Marine Corps Body Composition and Military Appearance Program

p) MCO 1500.52D Marine Corps Water Survival Training Program

q) MCO 1500.59 Marine Corps Martial Arts Program

r) Marine Corps Reference Publication (MCRP) 3-02A Marine Physical Readiness Training for Combat

s) Marine Corps Order 1900.16, Marine Corps Separation and Retirement

t) Training and Education Command Order 5510.1 Training and Education Command Information and

Personnel Security Program

u) TECOMO 6260 USMC Sports Medicine and Injury Prevention Program

v) DODI 3216.02, Protection of Human Subjects and Adherence to Ethical Standards in DoD Supported

Research, November 8, 2011

w) Freedom of Information Act, 5 U.S.C. §552, as amended

x) MCO 5300.18, Marine Corps Survey Order

y) PRIVACY ACT OF 1974, PUBLIC LAW 93-579, AS AMENDED

z) TECOM POLICY LETTER 3-18, TRAINING AND EDUCATION COMMAND DESKTOP TELEPHONE AND

WIRELESS COMMUNICATIONS DEVICE USE POLICY

3.6 Data Protection. The Contractor will be required to comply with applicable Human Research Protection Program policy guidelines and directives in support of this requirement including, Defense Federal Acquisition Regulation Supplement (DFARS) section 252.235-7004.

3.6.1 The Contractor is informed and acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. The Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines the Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

3.6.2 The Contractor will generate, collect, distribute and manage records in accordance with the Privacy Act of 1974 (PL93-79), as amended, at all times. The Contractor must ensure compliance with references (a) through (j) as they pertain to non-Governmental holders or users of the data.

3.6.3 The data may be used only for the purposes defined in projects or scientific analyst support approved by the Marine Corps. The data may be used only by personnel authorized to maintain, participate and assist in Contractor efforts that have been approved by the Marine Corps including DoD civilian/military personnel, Contractor employees or Contractors working on Contractor projects under this effort. The Contractor will ensure strict compliance with the DFARS requirements set forth in 252.235-7004 to submit all research protocols and exemption determinations for review and approval by a designated DOD/Marine Corps HRPO. Furthermore, when directed by the COR, the Contractor will be required to comply with MCO 5300.18, the Marine Corps Survey Order.

3.7 Travel. CONUS and OCONUS Travel (to Japan and potentially other sites) may be required in support of these requirements; however, an established travel schedule cannot reasonably be determined at this time. Travel if authorized in support of the requirements identified shall be conducted in accordance with the Federal Acquisition Regulations (FAR), and the Joint Travel Regulations (JTRs). Costs shall be allowable only if the following information is documented and approved in advance by the COR: (i) Date and place (city, town, or other similar designation) of the expenses; (ii) Purpose of the trip; and (iii) Name of person on trip and that person’s title or relationship to the contractor. Only the Contractor’s actual substantiated costs shall be reimbursed. Receipts and any supporting documents shall be required to be submitted when invoicing against this CLIN and expenses incurred in the performance of this requirement shall not exceed the “Not to Exceed” allocated amount. Costs incurred without authorization will not be reimbursed.

3.7.1. The Contractor may request that the contract worker travel to provide services, collect data, attend training and/or attend government specified conferences when in the best interest of the government. The COR will determine the reasonableness of all costs incurred in accordance with the JTR. When questions arise, the government's JTR shall always be followed. The contractor shall be compensated for travel per the travel CLIN of the contract.

3.7.2. The government will not issue government Travel Orders to the contract worker.

3.7.3. Government contract air carriers and the government's contract airfares are not available to the contract worker. Airfare will be paid at the coach rate with 7 days advance purchase, non-refundable ticket price; unless the government grants prior written approval. The government shall reimburse the fee charges to reschedule the non-refundable ticket only if the government reschedules the trip.

3.7.4. The JTR shall serve as the basis for the cost limits for lodging, per diem, miscellaneous expenses and mileage reimbursement if use of privately owned vehicle is authorized. The contractor shall utilize discount hotel/motel and car rental practices. Per diem rates can be found on the World Wide Web at the Defense Travel Management Office: http://www.travel.dod.mil/

3.7.5. Costs for transportation, lodging, meals and incidental expenses incurred by the contract worker are allowable subject to Federal Acquisition Regulations 31-205-46 and Federal Travel Regulations as deemed reasonable by the

COR.

3.7.6. When possible, the contract worker shall use government-provided quarters (BOQ/BEQ) and transportation.

If not available, the government will provide the contract worker with an identification letter for presentation to transportation and lodging firms (see Attachment 5). The government retains the right to direct the mode of travel including the availability and size of rental cars. It should be noted that vendors are not obligated to extend discounted government rates to contractors working on behalf of the Federal Government.

3.7.7. Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the contractor’s facilities. Car rental for a team on Temporary Duty (TDY) at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.

3.7.8. The contractor shall submit an invoice in accordance with WAWF instructions itemizing expenses in amounts allowable by the COR.

3.7.10. The COR will specify the Installation command's procedure to document that the travel was completed and that the expenses were actually incurred.

3.7.11. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice (as specified by the facility) to the COR.

3.7.12. The government reserves the right to require additional documentation, including memoranda from the contract worker performing the travel.

3.7.12. Travel shall not be conducted prior to the appropriate funding being added to the appropriate travel CLIN in the appropriate task order by modification.

3.7.13. OCONUS Services. Contract worker expenses and other allowances associated with providing services in OCONUS Installation Commands will be supported with agreed upon travel funding in the same way CONUS travel is funded.

252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE

THE UNITED STATES (OCT 2015)

(a) Definitions. As used in this clause--

Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S.

citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.

Designated reception site means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.

Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non- CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

Subordinate joint force commander means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the United States to support U.S. Armed Forces deployed outside the United States in--

(i) Contingency operations;

(ii) Peace operations, consistent with Joint Publication 3-07.3; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense.

(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel supporting the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(5) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.

106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because--

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U.S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3) Contractor personnel must have a Synchronized Pre-deployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract.

(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable--

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that CAAF and non-CAAF are aware--

(i) Of the DoD definition of ``sexual assault'' in DoD Directive 6495.01, Sexual Assault Prevention and Response Program;

(ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws;

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) That this section does not create any rights or privileges that are not authorized by law or DoD policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html.

Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8)(i) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces are aware of their rights to--

(A) Hold their own identity or immigration documents, such as passport or driver's license, regardless of the documents' issuing authority;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

(E) Identify grievances without fear of reprisal;

(F) Have a copy of their employment contract in a language they understand;

(G) Receive wages that are not below the legal host-country minimum wage;

(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and

(I) If housing is provided, live in housing that meets host-country housing and safety standards.

(ii) The Contractor shall post these rights in employee workspaces in English and in any foreign language(s) spoken by a significant portion of the workforce.

(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed Forces.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for each category will be specified in the statement of work or elsewhere in the contract):

(i) All required security and background checks are complete and acceptable.

(ii) All CAAF deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and

(C) Have received all required immunizations as specified in the contract.

(1) During pre-deployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public.

(2) All other immunizations shall be obtained prior to arrival at the deployment center.

(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated operational area a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731, International Certificate of Vaccination or Prophylaxis as Approved by the World Health Organization, (also known as ``shot record'' or ``Yellow Card'') that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contactor personnel traveling under DoD sponsorship.

(v) All deploying personnel have received personal security training. At a minimum, the training shall—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(vii) Personnel have received law of war training as follows:

(A) Basic training is required for all CAAF. The basic training will be provided through—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by the Contracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S.

diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(v) Such employees are required to report offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(vi) Such employees will be provided victim and witness protection and assistance.

(f) Processing and departure points. CAAF shall--

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, to enter and maintain the data for all CAAF and, as designated by USD (AT&L) or the Combatant Commander, non-CAAF supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause.

(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system at https://spot.dmdc.mil to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the continuity of essential Contractor services during designated operations, unless, after consultation with the Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs withdrawal due to security conditions.

(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non- CAAF, at the end of their employment under this contract).

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, Operational Contractor Support. The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are authorized.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander;

and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition;

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available to United States and third country national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense.

(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed outside the United States in--

(1) Contingency operations;

(2) Peace operations consistent with Joint Publication 3-07.3; or

(3) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(End of clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the Contracting Officer to insert applicable information cited in PGI 225.372-1].

(End of clause)

4. Specific Services to be provided. The Contractor will provide technical and analytical support for the development and sustainment of the Marine Corps fitness programs. The Contractor will provide overall expertise for successful completion of these tasks.

4.1 The Contractor will develop a POA&M Chart depicting major tasks and events from start to completion of the Call. The POA&M shall be provided in electronic form using MS Office applications and submitted to the COR within fourteen (14) business days after call award, reviewed every three (3) months (quarterly), and updated as required.

4.2 The Contractor, in coordination with TECOM Subject Matter Experts (SMEs), will support the development, modification, validation, and analysis of physical tests related to physical readiness (MSPS, Physical Fitness Test (PFT)/Combat Fitness Test (CFT), Initial Strength Test (IST) and MOS Classification Screening (MCS) tests). The Contractor will:

4.2.1 Upon receipt of task from Higher Headquarters, collect and analyze data, and prepare and deliver analysis findings including collated data with trend analysis reporting to TECOM Leadership.

Findings will typically be delivered to the COR within two weeks of initial task assignment. At times tasks will require a rapid response within 24 hours.

4.2.2 Develop methodologies or tools, as appropriate, to determine need for validation or modification of current requirements or to assist in the development of new requirements.

4.2.3 Based on analysis findings, recommend courses of action (COA) for proposed changes and impacts to selected tests. Recommendations will be provided to the COR within three weeks for review and action.

4.2.4 Assist Determine resource requirements by reviewing official guidance and policy in conjunction with analysis findings to and assist government SMEs in building implementation and sustainment plans for proposed changes to physical standards testing. Monitor implementation of approved COAs by collecting and analyzing established metrics.

4.2.5 Prepare briefs for leadership on findings and impacts of proposed changes, as requested.

4.3 Investigation and Research

4.3.1 The Contractor, in coordination with TECOM Government SMEs, will support continued development, sustainment and/or validation testing for gender neutral MOS-specific physical tests in Marine Corps Entry Level MOS Formal Learning Centers (FLCs); within operational forces; and in other programs and projects related to physical readiness.

4.3.1.1 Contractor support may include human subject research. The Contractor shall take appropriate administrative, technical, and physical safeguards to ensure the security of the records and prevent compromise or misuse of Personally Identifiable Information (PII). Only such information as is relevant and necessary to accomplish this task order shall be collected, used, or maintained. The Contractor shall have experience following human subjects’ protection protocols including, but not limited to, obtaining informed consent, following anonymization procedures, and managing data protections as may be required in support of this task.

4.3.1.2 Data Safeguards. Data under review must be maintained using reasonable and appropriate administrative, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of protected health information in violation of the Privacy Rule and to limit its incidental use and disclosure pursuant to otherwise permitted or required use or disclosure. For example, such safeguards might include shredding documents containing an individual’s personal protected information before discarding data, securing PII/PHI/ePHI records with lock and key or pass code, and limiting access to keys or pass codes.

4.3.1.3 Unless otherwise directed by the COR, the Contractor shall, at a minimum, complete, or maintain currency (every three years), the Collaborative Institutional Training Initiative (CITI) training and certification in support of this requirement. Unless otherwise directed by the COR, at a minimum the Contractor shall complete training in the social behavioral research element for “Investigators and Key Research Personnel.” The CITI training can be accessed at www.citiprogram.org.

Moreover, the Contractor shall, at the direction of the COR, successfully complete other training as needed for this effort including but not limited to PHI/HIPAA training. The Contractor shall sign the Government provided Investigator Affirmation Agreement and submit to the COR and TECOM Project Lead NLT 7 days after task order award.

4.3.2 The Contractor will assist the Government research Principal Investigator (PI) with collating and reporting of physical readiness performance data during deliberate human subject’s research activities in support of Marine Corps Physical Fitness Programs. The Contractor shall:

4.3.2.1 Research and analyze ongoing physical testing in order to assist the Government in determining testing events within the specified program(s). Research protocol topics may include impacts of alternative PFT/CFT/MSPS events, event selection, scoring methodoligies, and gender and anthropmetric effects. Analysis methodologies required may include, basic statistics, advanced data modeling (i.e linear and multivariate regressions), goverment survey tools, and the graphic presentation of results.

4.3.2.2 Prepare and deliver analysis findings including collated data with trend analysis reporting to TECOM Leadership within two weeks of completion of data collection. At times tasks will require a rapid response within 24 hours.

4.3.2.3 Based on analysis findings, make recommendations for courses of action (COA) to proposed changes to relevent policy documents. Deliver recommendations to the COR within two weeks of completion of data analysis.

4.4 The Contractor will support the development and analysis of physical fitness policies and measures of effectiveness. The Contractor will:

4.4.1 Conduct surveillance of physical readiness programs, to include Resiliency, the Marine Corps Water Survival Program, Marine Corps Martial Arts Program, Force Fitness Instructor Program, Sports Medicine and Injury Prevention Program, Body Composition Program, and the Physical Fitness and Combat Fitness Tests, to analyze effectiveness and deliver analysis findings to TECOM Leadership as requested by the COR.

4.4.2 Support the development of the above listed policies by providing research, writing, and editing support to TECOM. Draft, distribute for review, and edit proposed policies for Government review.

4.4.3 Participate in working group meetings and provide in progress reviews (IPRs), as requested by the Government Project Lead on status of requirement.

4.4.4 Draft high-level briefings, information papers, and graphics solutions for general officer/Senior

Executive Service (SES) and Department of Navy briefings.

4.4.5 Support the development of Measures of Effectiveness (MOE’s) to align mission objectives to the achievement of desired results. Ensure the MOE’s relate to performance, are simple, testable, complete, easy to measure, and state any time dependency and environmental conditions. Also ensure the MOE’s can be measured quantitatively (if required, may be measured statistically or as a probability).

4.4.6 Support the initiation of program modifications and then analyze the impact of new policies and analyze the program goals against the identified MOE’s.

4.5 The Contractor will support the creation and revision of manuals, guidebooks, and handbooks that support the Marine Corps Physical Fitness Program mission and Resiliency initiatives through authorship and completion of required requisite training.

4.5.1 Support the development of Marine Corps Reference Publication (MCRP) 3-10B.4 through the planning, research, writing, submission, and publication processes,

4.5.2 Support the maintenance of the Marine Corps Pregnancy and Postpartum Physical Training Guidebook and the Marine Corps Pregnancy and Postpartum Physical Training Handbook.

4.5.3 Support the creation and revision of other manuals, guidebooks, and handbooks as required

4.5.4 Support the Human…