PWS_ANC Geospatial OM Recompete_03212024_draft_21MAY2024.docx

PERFORMANCE WORK STATEMENT (PWS)

Office of Army Cemeteries (OAC) and Arlington National Cemetery (ANC) Geospatial Operations & Maintenance (O&M)

PART 1. GENERAL INFORMATION:

1.1 DESCRIPTION OF SERVICES/INTRODUCTION: This is a non-personnel services contract to provide geospatial program management support and services for the OAC and ANC. This contract shall include O&M support for the internal geospatial application ANC Mapper and public facing application ANC Explorer. 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 contract awardee (“Contractor”, herein, refers to Contractor and its subcontractors) 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 O&M as defined in this PWS, except for those items specified as Government Furnished Property (GFP) and services. The contractor shall perform to the standards in this contract.

1.2 BACKGROUND:

The OAC is defined by public law as the statutory authority to manage and oversee operations at ANC, the United States Soldiers’ and Airmen’s Home National Cemetery (USSAHNC) and thirty-seven other Army Cemeteries. The Department of the Army created a special staff Principal, the Executive Director for Army Cemeteries and a policy oversight directorate and compliance for all Army cemeteries, both post cemeteries and national cemeteries. In accordance with this law, this PWS outlines the contractor responsibilities in providing program management support, defining and establishing business processes, developing, implementing and sustaining plans for O&M. Based on the special significance and the attention that national and post cemeteries receive, strict adherences to these specifications are essential.

The OAC has proponency over ANC, USSAHNC, and the thirty-seven Army defined Post Cemeteries. ANC, our nation’s most well-known military cemetery, is a national cemetery under the jurisdiction of the Department of the Army. The primary mission of ANC is to function as the nation’s premier military cemetery honoring those men and women who served in the Armed Forces. In this regard, the cemetery routinely performs 27-30 funeral services each week day and approximately 10 services on Saturdays. The grounds of ANC honor those who have served our nation by providing a sense of beauty and peace for our guests. The rolling green hills are dotted with trees that are hundreds of years in age and complement the gardens found throughout the 624 acres of the cemetery. This impressive landscape serves as a tribute to the service and sacrifice of every individual laid to rest here within the hallowed grounds of ANC.

1.3 OBJECTIVES: This contract shall maintain program management support and geospatial application capabilities for OAC defined post cemeteries, and continued maintenance of ANC geospatial capabilities and operations. Specifically, the Contractor shall provide O&M for operational scheduling, viewing, and advanced ANC specific capabilities within ANC Mapper. The contractor shall also maintain and enhance the content management system within ANC Mapper to support the public facing ANC Explorer application, and expand and enhance functionality in ANC Explorer and ANC Mapper to include OAC sites. O&M will perform tasks in this PWS ensuring compliance with applicable Army information technology (IT) and information assurance regulations.

1.4 SCOPE: The Contractor shall provide highly specialized professional analytical expertise and program management support to implement the goals of the ANC and OAC geospatial program. The Contractor shall maintain the internal web map application and web services for cemetery operations, scheduling requirements, and advanced functionality maintaining the application programming interface (API) to view and query geospatial data for ANC. The Contractor shall also maintain and enhance existing functionality for the public facing ANC Explorer application and content management tools, and further integrate geospatial capabilities, and execute deployment support for the public ANC Explorer applications (iOS, Android, web & kiosk). The Contractor shall support and maintain existing internal and external facing geospatial application enhancement and maintenance for OAC.

1.5 PERIOD OF PERFORMANCE: The period of performance shall be a base period of twelve months plus four, twelve month option periods. The specific dates of the period of performance can be found in the Delivery Information section of this contract.

1.6 GENERAL INFORMATION

1.6.1 QUALITY CONTROL: The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor will deliver the QCP within 30 days after contract award. The QCP must address test plan development, release coordination with AAG, and code promotion documentation. After the Government accepts the QCP, the Contractor shall receive the Contracting Officer’s (KO) acceptance, in writing, of any proposed changes to the QCP.

1.6.2 QUALITY ASSURANCE:

The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 RECOGNIZED HOLIDAYS: All Federal Holidays are recognized. The Contractor shall monitor application and system availability on and provide services on Veteran’s Day and Memorial Day.

1.6.4 HOURS OF OPERATION: The Contractor is responsible for conducting business to best align with ANC’s operating hours, 0600-1800 Eastern Standard Time, Monday thru 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. Contractor personnel shall receive guidance from the Contracting Officer’s Representative (COR) or ANC/OAC Government Point of Contract on Agency Operations. 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at a contractor furnished facility. The Contractor personnel will be required to attend regular meetings at the Government work site as well as locations outside of the Government worksite. All travel will be pre-approved by the COR.

1.6.6 TYPE OF CONTRACT: The Government anticipates awarding a firm-fixed price contract.

1.6.7 SECURITY REQUIREMENTS:

1.6.7.1 This is an unclassified contract. There are no requirements for Contractor personnel to have routine access to classified Government information in the performance of this contract; however, System Administrators and Contractors with elevated privileges will be required to have/maintain a SECRET clearance in order to access any environment(s) connecting or crossing Army or Department of Defense (DoD) Information Systems. If Contractor personnel are required to attend meetings, briefings or work on a full-time basis on-site at secure Government facilities, a valid, current final Secret eligibility and access must be granted and posted in the Joint Personnel Adjudication System (JPAS) to gain access.

1.6.7.2 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use in accordance with (IAW) Army Regulation (AR) 190-13 “The Army Physical Security Program”.

1.6.7.3. Key Control: (Not Applicable)

1.6.7.4. Lock Combinations: (Not Applicable)

1.6.7.5. Vehicle Entry Passes: Contractor personnel entering Government properties shall abide by all security rules and regulations.

1.6.7.6. Federal Installation/Facility Access and General Protection/Security Policy and Procedures: Contractor and all associated subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Security Office. The Contractor workforce must comply with all personal identity verification requirements 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. Contractor employees, including subcontractors, will immediately report suspicious activity to the ANC Security at 703-614-4213 or 703-614-1111 during business hours, and 571-329-6912 after hours. Emergencies should be reported immediately by calling 911.

1.6.7.7. Personnel Requirements: All personnel assigned to the project shall be required to adhere to the guidelines prescribed under the Freedom of Information Act (FOIA) and the Privacy Act. The records contain personally identifiable information (PII) and must be handled as sensitive in nature. The Contractor shall submit to the Government, non-disclosure statements covering Contractor personnel involved in the PWS tasks. All data and copies of that data shall not be retained by Contractor involved in this effort.

1.6.7.8. Security Clearance/Background Investigation Requirements: The Contractor shall ensure all employees performing services under this contract have, at a minimum, a National Agency Check Local Agency Check (NACLC), or Tier 1 investigation, favorably adjudicated by a cognizant US Government entity (e.g., Defense Security Service (DSS), Defense Industrial Security Clearance Office (DISCO), Department of Homeland Security (DHS), etc.) prior to performing on this contract. The Contractor shall provide a complete list of all employees performing services under this contract to ANC security personnel within ten days of contract award, and will include full name and Social Security Number. The ANC Security Office will utilize this information to verify that all employees have the appropriate investigation, and adjudication. After contract award, the contractor shall provide the names and social security numbers of new/replacement personnel to the ANC Security Office for approval no later than ten days prior to the proposed new/replacement hire performing on the contract. The ANC Security Office will verify the new Contractor employees have the appropriate investigation and adjudication. The contractor shall not add or replace personnel on the contract without receiving approval from the ANC Security Office.

Contractor employee whose duties require the issuance of a Common Access Card (CAC) and whose duties require accessing: a DOD unclassified computer/network; working with sensitive unclassified information (either at a Government or Contractor facility); information protected by the Privacy Act of 1974; or physical access to a DoD facility must be a US citizen and possess a favorable suitability determination prior to installation/network access, or other requirements. Suitability determinations are based on a completed National Agency Check with Inquiries (NACI) that is current. Due to the amount of time a NACI requires for completion, it is the responsibility of the Contractor to ensure personnel available to perform the requirements of this contract already have an existing background investigation with a favorable determination. For new employees, the Contractor can initiate the NACI by having the employee complete the following:

1.6.7.9. Questionnaire for Investigations Processing:

The requirements above will be processed utilizing the Office of Personnel Management Electronic Questionnaire for Investigations Processing (e-QIP), which can be accessed http://www.opm.gov/investigations/e-qip-application/. Failure to provide the required documentation at least five days prior to a new employee’s start date shall result in delaying the individual's start date. The Contractor's Security Representative shall be responsible for initiating investigations, as required.

1.6.7.10. General Training Requirements: The Contractor shall complete the following training requirements initially within 30 days of base year award date, and then ANNUALLY at the Army IA virtual training website: https://iatraining.us.army.mil/

1.6.8 SPECIAL QUALIFICATIONS:

1.6.8.1 The Contractor is responsible for ensuring employees possess demonstrated expertise in:

Web and Mobile Application Development: Demonstrated experience developing responsive web and mobile applications using the latest Esri ArcGIS platform, including creating and managing map services and web development languages/services like REST, SOAP, JavaScript, JSON, and modern web frameworks (e.g., React, Angular). Experience with HTML, CSS3, and web accessibility standards (WCAG) is essential.

Enterprise GIS: Experience with enterprise GIS using current Esri products including ArcGIS Pro, ArcGIS Enterprise, and ArcGIS API for JavaScript. Knowledge of cloud-based deployments.

Geospatial Databases: Proficiency in relational databases (Oracle, SQL Server, PostgreSQL) and experience with geospatial database extensions (e.g., PostGIS, Oracle spatial). Understanding of database security best practices is crucial.

Geospatial Development Tools: Experience with one or more open-source geospatial libraries (leaflet) or frameworks (mapbox) for web development.

Mobile Development: Experience with mobile application development using cross-platform frameworks (e.g., React Native, Flutter) and native development for iOS and Android.

Issue Tracking and Project Management: Experience using project management tools like Jira or similar platforms for tracking and managing system issues. Familiarity with Agile development methodologies is critical.

Testing and Debugging: Experience with developing test plans, web development testing methodologies, and debugging tools.The Contractor is responsible for ensuring employees possess expertise in: demonstrated experience developing responsive, web and mobile based applications using ArcGIS including, creation and management of map services and web based development languages and services to include but, not limited to, REST, SOAP, JavaScript, JSON, ASP.NET, HTML, and HTML5; experience with enterprise GIS using ESRI products (ArcSDE, ArcObjects, etc.), SQL, Oracle, Postgres, and Stored Procedures; creating imagery cache from multiple sources, experience with one or more open source geospatial tools such as OpenLayers, MapBox, etc.; mobile development experience in responsive web design, iOS, Android, and HTML5; and experience tracking and managing system issues using JIRA, or other issues tracking tool. The Contractor shall also have experience with test plan development, web development testing, and debugging tools.

Contractor personnel performing the work must have at least 5-710 years’ experience in their respective field, and experienced professionals, acceptable to the US Army. The candidates’ specific qualifications should be clearly demonstrated, as they shall be part of the Government’s best value determination. Additionally, Key Personnel must have at a minimum a valid Security + certification.

1.6.9 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS:

1.6.9.1 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, COR, and Government personnel, as appropriate, may meet periodically 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. These meetings shall be at no additional cost to the Government.

1.6.10 CONTRACTING OFFICER’S REPRESENTATIVE (COR): 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 the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both 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.

1.6.11 TECHNICAL POINT OF CONTACT (TPOC): The TPOC from ANC will provide technical direction and provides prioritized requirements for contract execution. The TPOC will review, test, and approve development efforts under this PWS.

1.6.12 KEY PERSONNEL: Comment by Waegerle, Laura K CIV (USA): Verify that no additional key personnel are required.

The following personnel are considered key personnel by the Government: Technical/Application Architect, Applications Programmer(s), Database Engineer, and GIS Analyst/Data Collection Specialist. The Contractor shall have all Key Personnel on board on the date of contract award. The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the KO. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 6:00 a.m. to 6:00p.m., Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

Minimum Qualifications for all key personnel are listed below: The Applications Architect must shall possesshave at least 5-710 years’ experience in applications architect principles, including systems design, scalability, security and performance optimization. Experince with release deployment within Enterprise Cloud Management Agency (cARMY). Strong understanding of geospatial data standards like OGC and SDSFIE.

The Applications Programmer(s) shall possess at least 10 years of experience in esri software development libraries, programming proficiency in JavaScript, Python or .NET, developing in open layers, Esri iOS Software Development Kit (SDK), Esri Android SDK, Flex SDK;, ArcGIS Enterprise Advanced experience (including but not limited to) with ArcGIS for JAVA Script API, ArcGIS Runtime and REST API’s. Experince in performance tuning and optimization of web applications and cARMY platform deployments.

The Database Engineer(s) shall possess at least 10 years of experience in relational database management, various geospatial database (Oracle, Oracle Spatial, SQL Server Spatial and PostGreSQL/ EnterpriseDB.), in-depth knowledge of geospatial data models/spatial data types/standards, cloud-based geospatial databases, and performance monitoring of geospatial databases.

All contractor personnel performing the work must be experienced professionals and acceptable to the US Army. All Ccontractor personnel performing the work must have at least 5 years’ experience in their respective field. Key Personnel must have at a minimum a valid Security + certification. All contractor personnel performing the work must be experienced professionals and acceptable to the US Army. The candidates’ specific qualifications should be clearly demonstrated as they shall be part of the Government’s best value determination..determination.

1.6.13 IDENTIFICATION OF CONTRACTOR EMPLOYEES: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure all documents or reports produced by contractors are suitably marked as contractor products or any contractor participation is appropriately disclosed. Contractors visiting ANC or OAC sites shall provide 24 hour notice for all site visits, provide vehicle information, and proper contractor identification may be required. No other badge processes will be required as the place of performance is on the contractor site. All “*.ctr.@mail.mil” email signatures will contain notification statements similar to the following: “Note: I am a contract employee working in support of the ANC - Office of the Chief Information Officer. I have no legal authority to obligate any federal, state, or local government funds.”

1.6.14. CONTRACTOR TRAVEL. The Contractor may be required to travel to Government-designated sites within the National Capital Region. KO or COR directed local travel, when such travel directs the contractor to travel to a Government site instead of the contractor’s primary contractor work site, is potentially reimbursable to the contractor employee(s) under Joint Travel Regulations (JTR Volume 2, C6004) and the FAR (FAR 31.205.46). The KO or COR directed travel outside the National Capital Region (non-local travel), when such travel directs the contractor to travel to a Government site instead of the contractor’s primary contractor work site, is reimbursable to the contractor employee(s) under JTR Volume 2, C6004 and FAR 31.205.46. The KO or COR must approve, in advance, all contractor travel requests inside or outside the National Capital Region, in accordance with current JTR Volume 2, C6004 and FAR 31.205.46. Failure to obtain prior approval from the KO or COR will result in the Contractor not being reimbursed for the travel. Travel costs will comply with, and not exceed, allowable costs as permitted by the JTR and the FAR.

This contract assumes six (3) CONUS site visits (up to 4 persons for 1 day) to ANC in Arlington, VA per year to support Project Kick-off, Project Close-Out, and Requirements Gathering. Comment by Waegerle, Laura K CIV (USA): Currently contractor staff have traveled to each annual kick-off

Arlington National Cemetery Comment by Waegerle, Laura K CIV (USA): Verify number of trips anticipated is still accurate.

(Task 5.1.1)

1.6.15. PHASE IN/PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, Contractor shall have personnel on board, during the thirty (30) day phase in/out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.6.16. ENVIRONMENTAL MANAGEMENT AND PROTECTION: ANC has implemented an Environmental Management System (EMS) to address the environmental impacts of its activities.

1.6.17 ANTI-TERRORISM (AT) AND OPERATIONS SECURITY REQUIREMENTS: Comment by Waegerle, Laura K CIV (USA): I updated the AT/OPSEC language to reflect the new template/guidance

1.6.17.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.6.17.2 Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.6.17.3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.6.17.4 Contract personnel requiring a common access card (CAC): Contract personnel will be issued a common access card (CAC) only if duties involve one of the following: (1) both physical access to a DoD facility and access to DoD information systems or networks; (2) remote access to a DoD information system or 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. Before CAC issuance, contract personnel must have, at a minimum, a favorably adjudicated Tier 1 investigation or an equivalent or higher investigation in accordance with applicable Army regulations and Homeland Security Presidential Directive-12 (HSPD-12). At the discretion of the RA, an initial CAC may be issued based on a favorable review of a fingerprint check and a successfully scheduled Tier 1 investigation with the National Background Investigations Bureau. The RA provides contract personnel with additional information and forms to initiate the CAC issuance process, and/or to initiate background investigations, when required. Contract personnel shall complete these processes within established timelines to avoid delays.

1.6.17.5 Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.6.17.6 Contract personnel requiring access to Government information systems: All contract personnel with access to a government information system (including USACE business systems and CAC-enabled websites) shall comply with applicable DoD and Army regulations, and shall use the organization’s UserID-Password Administration and Security System (U-PASS) at commencement of services to request network user accounts. Contract personnel shall complete DoD Information Assurance Awareness training prior to accessing information systems, and annually thereafter.

1.6.17.7 Contracts requiring a formal OPSEC program: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan shall be reviewed and accepted by the RA OPSEC Officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. In accordance with Army and DoD regulations, the contractor shall have a certified Level II OPSEC coordinator, who shall ensure OPSEC compliance during contract performance.

1.6.17.8 Training requirements for the protection of sensitive information: All contract personnel with access to critical information (as identified in the RA’s OPSEC Program) shall complete initial and annual refresher OPSEC Level I Awareness training, which is available at the following websites: https://www.iad.gov/ioss/, or http://www.cdse.edu/catalog/operations-security.html (websites subject to change). All contract personnel with access to Controlled Unclassified Information (CUI) shall complete initial and annual refresher CUI training in accordance with applicable Army policy.

1.6.17.9 Information Assurance (IA)/Information Technology (IT) requirements: All contract personnel performing IA/IT services must comply with DoD training and certification requirements specified in DoD 8570.01-M, Information Assurance Workforce Improvement Program. Contract personnel shall provide the Government representative with documentation of requisite certification(s) prior to performing on the contract. In accordance with applicable DoD, Army, and USACE regulations, the Contractor shall ensure that all information systems (IS) and platform information technology (PIT) systems developed and/or supported under this contract comply with cybersecurity and architectural requirements, including, but not limited to: security technical implementation guides (STIG)(e.g., the current version of the Application Security and Development STIG, and the internet access point (IAP) demilitarized zone (DMZ) STIG), and the use of security controls developed under the risk management framework documentation for the system or platform. The Contractor shall address questions regarding these provisions to the Government representative, who will coordinate between the Contractor and the USACE Chief Information Officer (CIO).

1.6.17.10 Contracts requiring handling or access to classified information: The prime Contractor shall have a Facility Clearance (FCL) at the appropriate level prior to performance on the contract; the RA will sponsor the prime contract company in obtaining the FCL. All cleared contract personnel shall comply with the FCL requirements, as well as applicable laws and regulations regarding contractor access to national security information. For classified contracts, the RA will generate the DD Form 254, which will be attached to the contract.

1.6.17.11. Threat Awareness Reporting Program: All contract personnel who maintain an active security clearance shall receive initial and annual refresher training on the Threat Awareness and Reporting Program (commonly referred to as “TARP”), provided by a Counterintelligence Agent. As determined by the servicing Counterintelligence Agent for the RA, contract personnel may complete web-based TARP training.

1.6.17.12. Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

1.6.17.13. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.6.18 ORGANIZATION CONFLICT OF INTEREST: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.19.1 Organizational Conflict of Interest Specifics:

a. Purpose. 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.

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) 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.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret 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.

c. 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) 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.

(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.

(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.

d. 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.

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) The Contractor agrees that if it provides, under a contract, 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. (FAR 9.505-1).

(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, it will not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant. (FAR 9.505-2).

(3) The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors. (FAR 9.505-3).

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. (FAR 9.505-4). 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 will 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.

(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.

e. 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 imposed by FAR 9.505-4 so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles so that each employee will know and understand the provisions of that Subpart and 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.

g. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs d., e., and f. above 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 paragraph 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.

h. 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 as that term is used in FAR Subpart 9.5.

i. Conflicts Involving Future Procurements. The award of this contract, Government taskings, 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 of FAR Subpart 9.5 have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(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 as that term is used in FAR Subpart 9.5.

(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.

k. Remedies and Waiver.

(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 contract 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 issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(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 in support thereof. (FAR 9.503).

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM) SERVICE CONTRACT REPORT (SCR): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the {Insert Component’s Name} via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.sam.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can the select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

Steps for Submitting a Service Contract Report (SCR)