PWS W9124J24RCMSS 23 Aug24.pdf

DRAFT PERFORMANCE WORK STATEMENT (PWS)

Deputy Chief of Staff, G-9

Change Management Service Support Contract 23-Aug-24

PART 1

GENERAL INFORMATION

1 GENERAL: This is a support services contract to support the Office of the Deputy Chief of Staff for G-9. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: This is a non-personal services contract to provide program management to the Army as it relates to installation management operations. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Army installation management operations and Corrective Action Support as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The Deputy Chief of Staff, G-9 is the principal military adviser to the Secretary of the Army for installation infrastructure and services developing and overseeing policies and programs for:

a. Advising the Assistant Secretary of the Army for Installations, Energy and Environment (ASA (IE&E)) on the development, resourcing, implementation, and evaluation of approved policies and programs for installation management operations;

facility investment; installation-related environmental programs; excess installation property; reorganization, realignment and closure of installations; real property management; master planning; joint basing; energy and water security, resilience, and sustainability; Army housing; non-tactical vehicles; public and private partnerships;

installation safety; and installation logistics.

b. Advising the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)) and the Assistant Secretary of the Army for Financial Management and Comptroller (ASA (FM&C)) on developing and overseeing policies and programs for Morale, Welfare and Recreation (MWR) programs and infrastructure, non-appropriated fund instrumentalities, and Soldier and Family readiness programs; planning and supervising the execution of those policies and programs; and exercising fiduciary responsibility for the oversight of appropriated and non-appropriated fund execution in support of MWR programs and facilities.

c. Serving as the Army Staff (ARSTAF) proponent in partnership with U.S. Army Training and Doctrine Command for the development of installation management doctrine and the professional development of senior commanders on Army-led installations.

d. Serving as the ARSTAF proponent for non-Federal entities operating on Department of the Army (DA) installations.

1.3 Objectives: The Management Support Division contract encompasses a variety of installation management support services for six departments within G9. These services are essential for facilitating data collection and consolidation to determine specific functional requirements throughout G9. Additionally, this contract provides subject matter expertise and in-depth strategic capabilities by incorporating and leveraging Army processes and support systems.

1.4 Scope: The Contractor shall provide non-personal services to include, personnel, management, labor, materials, equipment, and other services, that are necessary to perform management, and analytical support services as set forth in this PWS.

1.5 Period of Performance: The period of performance including a Base Year of 12 months followed by one 12-month option year.

1.6 General Information

1.6.1 Federal Observed Holidays: The contractor is not required to perform services on these days:

New Year’s Day 1st day of January Martin Luther King Jr. Day 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth Day 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0800 and 1700 Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.3 Place of Performance: Contract performance shall be predominately performed at a Government facility within the immediate Washington D.C. area or at a location as approved on a case-by-case basis by the COR. Contractor employees shall only conduct business at a Government facility while Government employees are present at said facility.

1.6.4 Quality Control: The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with (IAW) this PWS. The QCP shall be consistent with best practices prescribed by the commercial industry, such as Capability Maturity Model Integration (CMMI) Level 2 and/or ISO 9001 Quality Management Systems and IAW FAR 52.246-4, Inspection of Services- Fixed Price. The QCP must be forwarded to and accepted by the KO and the COR. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies. The Contractor’s QCP is how the Contractor assures that the work complies with the requirement of the contract. The finalized QCP shall be accepted by the Government at the time of contract award.

The KO may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the COR and KO. Any modifications to the program during the period of performance shall be provided to the COR and KO for review no later than 10 Business Days prior to effective date of the change. The QCP shall be subject to the Government’s review and approval. The Government may find the QCP "unacceptable" whenever the Contractor’s procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 Business Days from receipt of notice that QCP is found "unacceptable".

1.6.5 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 a government only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with the requirements of the contract. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL).

Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.6.6 Type of Contract:

This contract is designed to be a hybrid firm-fixed price (FFP) with T&M CLIN for Travel.

It will allow resource allocation flexibility and potential for additional cost savings. For the base year, the Government intends to award an initial 12-month task order. This will be followed by additional 12-month option period task orders.

1.6.7 Security Requirements: Certain Positions supporting this contract have been identified, the contractors occupying these positions shall have an Interim or final adjudicated T3 clearance from the DOD CAF at time of the proposal submission and shall maintain the level of security required for the life of the contract. A contractor, to include Contractor Task Manager, must obtain their required CAC access NLT five calendar days from their start date under this contract.

1.6.7.1 Physical Security: The Contractor and Subcontractors shall be responsible for safeguarding all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. The Contractor and all associated Subcontractors, if any, shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures provided by Government representatives.

1.6.7.2 Personal Identity Verification (PIV): The Contractor shall comply with Personal Identity Verification (PIV) procedures implemented by Homeland Security Directive-12 (HSPD-12), Federal Information Processing Standards Publication (FIPS PUB) Number 201- 1, Office of Management and Budget (OMB) Guidance M-05-24 and Office of the Assistant Secretary of the Army for Installations, Energy, and Environment (OASA, IE&E).

The Contractor shall insert this clause, FAR 52.204-9, as required by Federal Acquisition Regulation (FAR) 4.1303, in all subcontracts when the subcontractor is required to have physical access to a Federally-controlled facility or access to a Federally-controlled information system. In accordance with HSPD-12, OMB M-05-24 and FIPS 201-1, unless a previous favorable background investigation has been completed in the last ten (10) years, all Contractor employees will be the subject of a background investigation conducted by the Government.

No Contractor employee will commence work until the personnel security questionnaire (PSQ) paperwork has been completed, reviewed and submitted to the Office of Personnel Management (OPM). In addition to the submission of the required PSI, Contractor employees not meeting the minimum PIV requirements of HSPD-12 and FIPS Pub 201-1 shall be the subject of a National Crime Information Center (NCIC) check prior to beginning work in addition to the submission of the PSQ to OPM Non-US citizens shall not be used in the performance of this contract unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non- US citizen to perform the required support.

1.6.7.3 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer and the Contracting Officer Representative (COR).

1.6.7.3.1 Lost keys shall be reported to the COR and the KO. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

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

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

1.6.7.5 Visit Notifications:

1.6.7.5.1 If the Contractor has previously been granted a facility clearance (FCL) through DCSA, the Facility Security Officer (FSO) shall submit visit notifications via

DISS.

1.6.7.5.2 If the Contractor is not cleared through DCSA, the Contractor will submit a signed visit request on company letterhead stationary through the Government COR for all contractor employees supporting the contract. The request will include the following:

Full name (last, first, middle) Date of birth (MM/DD/YYYY) Place of birth (city, state, country) Citizenship Type of last investigation Date last investigation was completed

1.6.7.6 All Contractor employees shall read all applicable security regulations, guidance and briefings, to be provided by the Government. Contractor personnel shall familiarize themselves with the Government’s regulations and policies and site-specific regulations regarding access to sensitive materials, computer facility/IT network access, issue of access credentials, etc., which shall be provided by the Government, as required.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart

42.5. The KO and Contracting Officer’s Representative (COR) shall meet quarterly at minimum with the contractor to review the contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.9 Contracting Officer’s Representative (COR): The Procurement Integrated Enterprise Environment (PIEE), Joint Appointment Module (JAM) https://wawf.eb.mil/) for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. 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, and specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

Whenever a new COR is appointed for the contract, the Contractor Task Manager is responsible for sending an email notification to all Contractor employees and including the new COR on the e-mail courtesy copy (cc) line. The e-mail notification must include the COR name, work e-mail address, and work telephone number.

1.6.10 Key Personnel: Program Manager:

Work requires strong organizational and technical skills. Exceptional communication skills, both written and verbal. Excellent active listening skills. Experience with large-scale organizational change efforts. Experience with project management approaches, tools, and phases of the project lifecycle. Organized with a natural inclination for planning strategy and tactics. Problem solving and root-cause identification skills. Work requires self-motivation with the ability to work effectively in a team environment. Acute business acumen and understanding of organizational issues and challenges. Work requires the ability to work with internal and external individuals from different disciplines and different levels of training. Able to work effectively at all levels of the organization. Work requires flexibility and adaptability in a dynamic environment. Ability to clearly articulate messages to a variety of audiences. Ability to establish and maintain strong relationships. Ability to influence others and move toward a common vision or goal. Resilient and tenacious with a propensity to persevere.

The Contractor Task Manager and Contractor employees shall be available by phone and/or email during normal business hours (8am – 5pm) Monday- Friday. When requested, the Contractor Task Manager shall be physically available on-site within 24 hours of the request. Requests for on-site support from the Contractor Task Manager may be initiated by the COR, and KO, or another requirement owner in the G-9, MSD.

Among the duties summarized above, the Contractor Task Manager is responsible for overseeing the recruitment and replacement of contractor personnel when required.

Within 24 hours’ notice of a vacancy, the Contractor Task Manager shall engage with the contractor Human Resources department to initiate the recruitment process. Within two weeks of a vacancy, the contractor shall identify and vet a replacement candidate that meets the qualification standards in the PWS.

*** All key personnel shall be functionally proficient in Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Outlook, Microsoft Power BI(or comparable data visualization software) Microsoft Access, Adobe Acrobat, and Internet Explorer (or a comparable internet browser application).

*All key personnel must have at least a bachelor’s degree from an accredited college or university.

**Accreditation must be from an accreditor that is recognized by either the Council for Higher Education Accreditation or the U.S. Department of Education.

Key Personnel

Accredited College/University

Degree

Work Experience Installation Management

Years of Specialized Experience

Certifications

Senior Program Manger

Bachelor Degree in Business Administration, or Data, or Analytics, or Management Degree, or Information Systems

Public Works Management, Resources Management, Master Planning, Military Construction Data, Sustainment, Restoration, and Modernization Data, Real Property, information System, 10 years of Department of Defense (DoD) Facility Engineering, Family Housing, Family Services, Real Property Information Systems and Facility Standards; Microsoft Power BI (or comparable data

Program Management, Project management Institute (PMI)/Project Management, Professional knowledge in

ADKAR

Resource management (Must have 10 years of experience) visualization software), Business System, Spreadsheet and Database Applications. (Must have over 5 years of experience in all areas)

Project Manger

Bachelor’s degree in business administration, Organizational Change Management, Process improvement, Program management, budget management, Strategic Planning, data collections, 10 years of DOD experience in Organizational Change Management, Microsoft excel, Power Point, SharePoint, Word, Program Management, or Project management Institute (PMI)/Project Management, Professional, knowledge in ADKAR model, Prosci’s methodology

1.6.12 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 shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Government will ensure that all documents or reports produced by the Contractor are adequately marked as Contractor products and that their participation is appropriately disclosed. Contractor personnel will be responsible for obtaining and wearing badges appropriate for the facilities where they work.

Contractor employees are also responsible for obtaining Common Access Cards (CACs) that are necessary to gain access to Government-provided computer equipment.

1.6.13 Contractor Travel: Contractor personnel may be required to travel within the Continental United States (CONUS). All travel will be at the request of the Government.

Travel vouchers and supporting documents must be presented for payment within 15 days after completion of the travel. All travel will be pre-approved by the COR.

Unless otherwise specified all support services shall occur “On-Site” in the Washington, D.C. metropolitan area.

Temporary Duty Travel (TDY) to other locations outside the National Capital Region (NCR) may be approved on a case-by-case basis by the COR. These trips will be coordinated through the COR and/or KO with as much notification lead time as possible.

The Contractor shall attend meetings within the NCR in support of this effort at no additional cost to the Government. This type of travel is considered ‘local travel’ and per diem and lodging will not be authorized or reimbursed. For the purposes of this effort, local travel is defined as within 50 miles of the Pentagon. Mileage will be reimbursed as appropriate, as it relates to the distance of the travel site from the normal place of business where the employee is assigned.

1.6.14 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner.

The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The contractor shall ensure no contractor employees conduct political related activities or events on the USAR Facilities.

1.6.15 Other Direct Costs: Allowable costs will be identified in accordance with Federal Acquisition Regulations (FAR) 31.205.46.

1.6.16 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.17 Organizational Conflict of Interest: The primary purpose of this clause is to aid in ensuring that: (1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition; (2) The Contractor's objectivity and judgment are not biased because of its present or future interests.

(Financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and (3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.17.1 Definitions:

1.6.17.1.1 Contractor. The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government;

(b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.17.1.2 Proprietary Information. The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held CUI by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.17.2 Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.17.2.1 Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.17.2.2 Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.17.2.3 Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

For example, the Contractor may at no time participate in the development of the Program Office Memorandum (POM) budget document or access to any pre-decisional budget or Independent Government Cost Estimate (IGCE) information. The Contractor must be in compliance with all requirements of the Procurement Integrity Act (PIA).

1.6.17.3 General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below.

Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

1.6.17.3.1 The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components.

1.6.17.3.2 The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant.

1.6.17.3.3 The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors.

1.6.17.3.4 The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure or will be fired, fined and blacklisted. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property.

The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the Contracting Officer and Contracting Officer’s Representative.

1.6.17.3.5 If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.17.4 Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract.

The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

1.6.17.5 Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the absolute necessity of safeguarding information from anyone other than the Contractor’s.

employees who have a need to know, and the U.S. Government. If requested by the COR, the Contractor Task Manager may task Contractor employees to attend and complete informal COR-facilitated in-person (live) training sessions. Such COR facilitated training will occur on-site and will not involve any Contractor employee travel.

In addition to in- person (live) training sessions, online or electronic asynchronous training may also be requested by the COR and tasked by the Contractor Task Manager to Contractor employees.

1.6.17.6 Subcontracts. The Contractor agrees that it shall include the provisions in 1.6.17.3, General Constraints, and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in 1.2.(1)d above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.

1.6.17.7 Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

1.6.17.8 Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issue dunder this contract, Government tasking, or acquiescence in the

Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

1.6.17.9 Representations and Disclosures.

1.6.17.9.1 The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

1.6.17.9.2 The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.6.17.10 Remedies and Waiver.

1.6.17.10.1 For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

1.6.17.10.2 The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.

1.6.18 Antiterrorism (AT) and Operations Security (OPSEC).

1.6.18.1 AT Level I Training (AT-OPSEC Item #1): All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and then annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

1.6.18.2 Access and General Protection/Security Policy and Procedures (AT- OPSEC Item #2): Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.18.3 For contractors requiring Common Access Card (CAC) (AT-OPSEC Item #2a): Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD- approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.6.18.4 AT Awareness Training for Contractor Personnel Traveling Overseas (AT- OPSEC Item #3):

Not applicable.

1.6.18.5 iWATCH Training (AT-OPSEC Item #4): The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.18.6 Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems (AT-OPSEC Item #5): All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.18.7 For contracts that require OPSEC Training (AT-OPSEC Item #7): Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty and then annually thereafter.

All contractor employees must complete annual OPSEC awareness training located at https://securityawareness.usalearning.gov/opsec/index.htm/and adhere to the organization’s OPSEC program.

1.6.18.8 For Information Assurance (IA)/Information Technology (IT) Training (AT- OPSEC Item #8): All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.6.18.9 For information assurance (IA)/information technology (IT) certification (AT-OPSEC Item #9):

Not applicable.

1.6.18.10 For contractors authorized to accompany the force (AT-OPSEC Item #10): Not applicable.

1.6.18.11 For Contract Requiring Performance or Delivery in a Foreign Country (AT-OPSEC #11): Not applicable.

1.6.18.12 Contracts That Require Handling or Access to Classified Information (AT-OPSEC Item #12):

Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.6.18.13 Threat Awareness Reporting Program (AT-OPSEC Item #13): 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.

1.6.19 Emergency Services:

1.6.19.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The affected Contractor employees shall immediately notify their supervisor (Contractor Task Manager) of any accident requiring emergency medical treatment. The Contractor Task Manager will, in turn, notify the KO and the COR within 30 minutes of the incident.

1.6.19.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.6.20 Transition Phase-In/Phase-Out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during a thirty (30) day phase in period.

During the phase-in period, the Contractor shall become sufficiently proficient with performance requirements to commence full performance of services on the contract start date. The Contractor shall make every effort to minimize operational impact to the Government during the Phase-In period, to include leveraging existing resources where possible. Throughout the phase-in period, the Contractor Task Manager shall update the COR and KO daily on the status of service handover and – if applicable – new recruiting efforts.

PART 2 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2 DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

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

2.1.3 Contractor Task Manager (CTM). The designated Contractor employee who serves as the supervisor for all Contractor employees under the contract and is responsible for task assignment and coordination of all Contractor employees.

2.1.4 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.5 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.6 Contracting Officer’s Representative (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.9 Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.10 Government Furnished Property. Property in the possession of, or directly acquired by, 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.

2.1.11 Government Property. 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.

2.1.12 Inherently Governmental Functions. An inherently government function is a task or duty which must be performed by a government employee. Per Federal Acquisition Regulations (FAR) Parts 7.5 and 37, the Government shall not award a contract for the performance of an inherently governmental function. Per FAR Part 7.503, this contract action shall not include any task or action which includes inherently governmental functions, including but limited to: the determination of Federal program priorities for budget requests and the drafting of Congressional testimony, responses to Congressional correspondence, or agency responses to audit reports from the Inspector General, the Government Accountability Office, or other Federal audit entity. Further, certain services and actions that are not considered to be inherently governmental functions may approach being in that category because of the nature of the function, the manner in which the contractor performs the contract, or the manner in which the Government administers contractor performance.

These services and actions include, but are not limited to: Services that involve or relate to budget preparation, including workload modeling, fact finding, efficiency studies, and should-cost analyses, etc.; Services in support of acquisition planning; Contractors providing assistance in the development of statements of work; Contractors working in any situation that permits or might permit them to gain access to confidential business information and/or any other sensitive information (other than situations covered by the National Industrial Security Program described in 4.402(b)).

2.1.13 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.14 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.15 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.16 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.17 Property. All tangible property, both real and personal.

2.1.18 Property Administrator.