Sources Sought Attachment 1_DRAFT PWS - FOIA Support- 08 MAY 23.docx

PERFORMANCE WORK STATEMENT (PWS)

FOIA Administration Support Office of the Staff Judge Advocate, Joint Task Force – Guantanamo Bay (JTF-GTMO), Cuba

Part 1

General Information

1. GENERAL: This is a non-personal services contract for Freedom of Information Act (FOIA) processing agents to assist in the timely handling and management of FOIA requests. 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. The United States (U.S.) Government shall not exercise any supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government. The Contractor shall ensure that all contractor employees and subcontractor employees are medically, dentally, and psychologically fit for performance of their duties.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform FOIA processing duties as defined in this PWS except for those items specified as government furnished property (GFP) and government furnished services (GFS). The contractor shall perform to the standards in this contract.

1.2 Background: The United States Southern Command (USSOUTHCOM) is one of six (6) geographic Combatant Commands responsible for the command and control of all United States military operations. The mission of USSOUTHCOM includes the conduct of military operations and security cooperation activities in support of the war on terrorism. JTF-GTMO is a subordinate element under the Commander of USSOUTHCOM. The contractor shall provide support to JTF-GTMO’s mission through assistance in the processing in FOIA requests as outlined in this PWS.

1.3 Objectives: The objective is to assist in the JTF-GTMO FOIA Program Manager in the search, review and redaction of documents related to FOIA requests. The contractor is expected to deliver individuals with prior knowledge of and experience with the FOIA statute and FOIA request processing procedures for the life of this contract.

1.4 Scope: The contractor shall provide non-personal services to assist in the expedient processing of all FOIA requests. This work will include, but is not limited to: (1) the initial review of FOIA requests; (2) the planning and coordination of document searches; (3) a review of responsive documents and proposed redactions; (4) follow-up support and training for JTF-GTMO personnel; and (4) quality assurance reviews for redactions submitted by JTF-GTMO directorates. Contract employees will coordinate and deconflict all work performed with the JTF-GTMO FOIA Manager. The contractor shall provide annual FOIA and Privacy Act (PA) refresher training to their employees. Contractor will familiarize its employees on all policies and guidance related to detainee operations issued by the Department of the Army and Office of the Secretary of Defense. JTF-GTMO will provide contract employees with training and security briefings related specifically to JTF-GTMO operations and policies – the signing of non-disclosure agreements (NDAs) will be required. Pending concurrence by JTF-GTMO FOIA Manager, contract employees may communicate directly with the US Southern Command (USSOUTHCOM) FOIA Manager to provide updates and status reports. Contract employees may also draft FOIA-related documents for the review and signature of JTF-GTMO personnel.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and one (1) 6-month option period.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): The Contractor shall develop, implement, and maintain a QCP and program to ensure all work described in this contract is performed at or above the standard defined in the Performance Requirements Summary (PRS). The QCP is developed by the contractor for its internal use to ensure that it performs and delivers high-quality service. The contractor’s QCP is the means by which the contractor ensures all work complies with the requirements of the contract. The QCP identifies and corrects potential and actual problem areas throughout the entire scope of the contract.

1.6.1.1The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP shall be submitted within thirty (30) days of contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s (KO) acceptance in writing of proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation.

1.6.1.2 The Quality Control Plan shall address as a minimum:

1.6.1.2.1 Inspection Program. Included shall be a quality control inspection program covering all general and specific tasks included in the contract scope of work. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis. In developing this inspection program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.

1.6.1.2.2 Deficiency Identification. The QCP shall include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS. This shall contain processes for corrective action without dependence upon Government direction.

1.6.1.2.3 Deficiency Correction. The program shall contain process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.

1.6.1.2.4 Documentation and Enforcement. The QCP shall include a method of documenting and enforcing quality control operations of both prime contractor and subcontractor work; including inspection and testing.

1.6.1.2.5 Trend Analysis. The QCP shall include a method of performing trend analysis and assessments through the use of metrics.

1.6.1.2.6 Surveillance Methods. The QCP shall contain specific surveillance techniques for all contract services. The surveillance methods shall be comprehensive and adaptable to the reporting system of the plan.

1.6.1.3 Inspection System: The contractor shall develop, implement and maintain a system to inspect the services to ensure compliance with PWS requirements, and applicable laws and regulations. The contractor shall specify a scheduled frequency of inspections, the titles of the individuals who shall do the inspection, and their organizational placement.

1.6.1.4 Deficiency Prevention: The contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable. The Quality Control Plan shall be designed to intercept inferior services before they are provided to the Government.

1.6.1.5 Inspection Files: The contractor shall document all inspections conducted, and the necessary corrective and preventive actions taken. This documentation shall be kept on site and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

1.6.1.6 Complaints: The contractor shall document all customer complaints and report the complaint to the COR within one workday after receipt of complaint. The contractor shall use electronic mail or other written memoranda as notification. Each customer complaint reported to the COR shall have a scheduled completion date subject to COR approval. The Quality Control Plan shall be updated, at no additional cost to the Government, as required to preclude a recurrence of the complaint.

1.6.1.7 Operations Security (OPSEC) SOP/Plan Requirements: The Contractor shall implement and maintain an OPSEC program for preventing the disclosure of critical information or sensitive information which could jeopardize the Government’s ability to execute its mission or to adequately protect its personnel and/or equipment. The Contractor shall develop an OPSEC Standing Operating Procedure (SOP)/plan within 90 calendar days of contract award to the Contracting Officer Representative (COR) or Contracting Officer (KO) to be reviewed and approved by the Government OPSEC Officer on the supporting installation. The SOP must contain a training plan that includes an initial OPSEC brief, continuous awareness, and annual OPSEC training. Awareness/training includes, but not limited to information disclosure via letters, conversations, photographs, resumes, electronic mail (e-mail), Social media/networking sites, dissemination of information and documents disposal. OPSEC Program shall fully comply with the provisions of AR 530-1, Operations Security.

1.6.2 Quality Assurance (QA): The government shall evaluate the contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards and contract quality requirements are met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

1.6.3 Recognized Holidays: The contractor will not be required to perform services on holidays.

Independence Day

NOTE: Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which a contract employee is scheduled to work is closed due to the holiday and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 8:00 AM to 4:30 PM 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. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. 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.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Naval Station Guantanamo Bay, Cuba. The specific location will be provided to the contractor.

1.6.6 Type of Contract: The Government anticipates the award of a firm-fixed price (FFP) type contract.

1.6.7 Access and General Protection Policy and Procedures:

1.6.7.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.7.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured IAW Army Regulation (AR) 190-13, “The Army Physical Security Program.”

1.6.7.3 Escorts: The Contractor and all associated sub-contractor employees performing services under this contract shall be escorted at all times by an individual designated by the Contracting Officer Representative (COR) while accessing U.S. facilities or activities.

1.6.7.4 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the Top Secret (TS/SCI) level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the attached DD Form 254, “Department of Defense (DOD) Security Classification Specification”. The Contractor shall ensure that contractor employees and sub-contractor employees performing services under this contract comply with FAR 52.204-2, Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contract will ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.7.4.1 The contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7004, Drug-free Work Force; and local USSOUTHCOM policies regarding drug testing. The contractor shall conduct drug tests, ensuring all top secret cleared contractor employees are tested at least once per year, each year of the contract, as well as when there is a reasonable suspicion that an employee uses illegal drugs. The drug testing shall be at the contractor’s expense. Positive drug test results shall be made available to both the KO and COR within 24 hours of known test results. Records of drug testing shall be made available to the COR.

1.6.7.5 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:

-Full birth name -Married name (if applicable) -SSN or local equivalent (ID card number) -Date of birth/place of birth (city, country)

1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

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

1.6.7.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.7.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures:

1.6.7.6.1 Contractor Common Access Card (CAC) Eligible Requirements: 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 shall 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.

1.6.7.6.1.1 Federal Installation/Facility Access: Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.6.7.6.2. Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access: Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Director of Emergency Services, or Security Office.

1.6.7.7 Employment Eligibility: The Contractor shall ensure that all Contractor employees and sub-contractor employees performing services under this contract in the U.S. or its territories have been pre-screened for employment eligibility using the E-verify Program on the Department of Homeland Security website http://www.uscis.gov/everify. Personnel that have not met the employment eligibility requirement on this website are not authorized to perform services under this contract. Verification of the eligibility check will be made available to the KO or COR upon request. This requirement is not in lieu of and does not relieve the Contractor from the I-9 Employment Eligibility Verification Forms for employment of personnel.

1.6.7.8 Access to Government Information Systems: All Contractor employees and subcontractor employees performing services under this contract who have access to a government information system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully completed the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.

1.6.7.9 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. Contractor shall not duplicate keys provided by the Government. 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.

1.6.7.9.1 The Contractor shall report any occurrences of lost or duplicate keys/key cards to the KO and the COR (and physical property manager, if applicable) within two (2) hours or the next business day if after hours and to request key or lock(s) replacement. This notification and request for key(s) and lock replacement shall be submitted in writing. The total cost of the replacement may be at the Contractor’s expense.

1.6.7.9.2 Only authorized Contractor personnel shall use Government issued key(s) and/or key card(s). Contractor personnel shall follow security access requirements when entering secure areas. Contractor shall receive appropriate security clearance approval to allow visitor(s) access in secure areas.

1.6.7.10 Lock Combinations: The Contractor shall establish and implement methods to ensure all lock combinations are protected from unauthorized persons. The Contractor shall ensure lock combinations are changed when personnel with access to the combinations no longer have a need to know IAW local security procedures and policies. These procedures shall be included in the Contractor’s QCP.

1.6.8 Post Award Conference/Contract Periodic Progress Meetings: The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, with other 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.

1.6.9 Contracting Officer 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: ensure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the 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.

1.6.10 Key Personnel: The following contractor personnel are considered key personnel by the government: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. Contract Manager and alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Qualifications for all key personnel are listed below:

FOIA Site Lead Specialist (FSLS).

The FSLS will have a minimum of two (2) years experience in processing FOIA requests and reviewing proposed redactions. The individual in this position shall have experience:

a. Providing FOIA-specific training to action officers and providing technical support.

b. Developing an action plan for new FOIA cases.

c. Communicating with outside organizations and higher headquarters on FOIA-related matters.

FOIA Processing Agent (FPA).

The FPA will have a minimum of one (1) year experience in processing FOIA requests and redacting documents.

1.6.11 Special Qualifications or Certifications: Reserved

1.6.11.1 IA/IT Training Certification: All Contractor employees and subcontractor employees supporting IA/IT functions must be certified upon contract award as directed in DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2. Baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.12 Identification of Contractor Employees: Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc.

1.6.12.1 Appearance of Personnel: The Contractor shall ensure that Contractor personnel present a neat and professional appearance at all times. At all times during contract performance Contractor personnel shall wear as outer wear a shirt or vest with the company logo and name. This includes shirts with sleeves (short or long sleeves). Contractor personnel shall wear long pants, safety shoes, and hard hats in designated areas as required by Occupational Safety and Health Administration (OSHA) requirements and Army regulations. Offensive pictures, sayings, tank tops, tee shirts, and spandex or similar fabric worn as outerwear are strictly prohibited.

1.6.12.2 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractors employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within 3 days of the end of their contractual duties.

1.6.12.3 Uniform: Reserved

1.6.12.4 Contractor personnel will be required to obtain and wear JTF badges in the performance of this service.

1.6.12.5 At least 60 calendar days prior to arrival in GTMO, the Contractor shall register each individual who will be performing on-site under this contract in the Joint Personnel Adjudication System (JPAS) [https://apacs.dtic.mil/apacs/login.jsp] to obtain a JTF GTMO badge. Instructions on how to get a JPAS account can be found at https://www.fcg.pentagon.mil/fcg.cfm.

1.6.12.6 The Contractor shall notify the COR when JPAS registration is accomplished. The COR will assist Contractor personnel to obtain a JTF badge. The Contractor shall complete and submit to the COR the “J2 Badging Request” form no later than 30 calendar days prior to arrival at GTMO for personnel performing on-site.

1.6.13 Contractor Travel: Contractor shall be required to travel to Naval Station Guantanamo Bay, Cuba during the performance of this contract. All travel requires Government approval/authorization and notification to the COR 30 days prior to travel. Other than the initial travel to NSGB, the Government does not anticipate any other required travel during the base year or any option year(s). The Contractor shall be responsible for all travel expenses.

1.6.14 Other Direct Costs (ODC): Other Direct Costs may be required of Contractor personnel in support of the requirements of this PWS. Such costs may entail relocation costs, housing costs, utilities costs, official travel costs, materials cost etc. All ODCs shall be approved in advance by the COR assigned overall responsibility for monitoring Contractor performance.

1.6.15 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 Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply, and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.6.16.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government prior to employee arrival at JTF-GTMO. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

1.6.16.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.6.16.3 Information Assurance: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.6.17 Organizational Conflict of Interest (OCI): 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 KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.6.18 Phase-in/Phase-Out (PIPO) Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day, phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services at the end of the phase-in period.

1.6.19 General Training Requirements:

1.6.19.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract 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 applies. The contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR or KO within 10 calendar days after completion of training by all employees and subcontractor personnel. For Common Access Card (CAC) holders, AT Level I awareness training is available at https://jkodirect.jten.mil, course number “JS-US007-14”. For non-CAC holders, AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html (this standalone version is intended for non-CAC users without a JKO account only). Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local AT Officer at their assigned location for classroom training by a Level 2 trained AT Officer and a copy of either the training certificate or the training attendance roster signed by the AT Officer will be maintained by the Contractor. Verification of the training will be provided to the COR or KO within 10 calendar days after completion of the training.

1.6.19.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.6.19.3 Information Assurance (IA) Training: Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Training. All employees working information technology (IT)/IA functions must comply with DOD and Army training requirements per DOD Directive (DODD) 8570.01, Information Assurance Training Certification and Workforce Management, DOD 8570.01-M, Information Assurance Workforce Improvement Program, and AR 25-2, Information Assurance, within 30 days of employment. Training is available at https://ia.signal.army.mil/DODIAA/default.asp.

1.6.19.4 Information Assurance (IA)/Information Technology (IT) Training: All Contractor and subcontractor employees shall complete the DoD IA awareness training before issuance of network access and annually thereafter. All Contractor and subcontractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 prior to employment. The minimum specific category/level of certification is IAT Level II and must be completed prior to arrival on-site. The contractor shall maintain certificates onsite for all contractor employees. Certificates shall be made available upon Government request.

1.6.19.5 Threat Awareness Reporting Program (TARP Training): Within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract and require a security clearance, shall complete TARP training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the Government Representative within 10 calendar days after completion of training by all employees and subcontractor personnel. TARP training is available at the Army Learning Management System (ALMS) https://www.lms.army.mil/. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local Counter Intelligence (CI) Officer at their assigned location for classroom training and a copy of either the training certificate or the training attendance roster signed by the CI Officer will be maintained by the Contractor. Verification of the training will be provided to the Contracting Officer (KO) or Contracting Officer Representative (COR) within 10 calendar days after completion of the training.

1.6.19.6 iWATCH Training: The Contractor will ensure that all Contractor employees and sub-contractor employees performing services under this contract have been briefed on the iWATCH Program, or equivalent for their supporting DoD Agency, within 30 days of employment under the contract. The Contractor will coordinate with the supporting DoD Agency AT Officer through the COR or KO for the briefing. This training will be updated as required by the supporting installation AT policies. A copy of the training attendance will be maintained by the Contractor and made available to the COR or KO upon request.

1.6.19.7 OPSEC Training: All Contractor employees and sub-Contractor employees performing services under this contract will complete Level I OPSEC training within 30 calendar days of employment under this contract. OPSEC Level I training is available at https://jkodirect.jten.mil, course number “EUC-ECJ6-110-N-LB”. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local OPSEC Officer at their assigned location for classroom training by a Level 2 trained OPSEC Officer and a copy of either the training certificate or the training attendance roster signed by the OPSEC Officer will be maintained by the Contractor. Verification of the training will be provided to the COR or KO upon request.

1.6.20 Overseas Training Requirements:

1.6.20.1 Antiterrorism (AT) Awareness Training for Contractor Personnel Traveling: Upon award of the contract, or within 30 days of employment of new personnel performing services under this contract, the Contractor will coordinate with the supporting DoD Agency AT Officer through the COR or KO, for AOR specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. This training will be updated as required by the supporting installation AT policies. Verification of the training will be made available to the COR or KO upon request.

1.6.20.2 SERE Training: All Contractor employees and subcontractor employees must complete the computer based SERE 100.1 Code of Conduct training course prior to theater entry. Training is available at http://jko.jten.mil. Completed training meets the requirement for three (3) years. Verification of the training will be made available to the KO or COR upon request.

1.6.21 Foreign (OCONUS) Requirements: All U.S. citizen or resident, and TCN contractor personnel not normally residing in the USSOUTHCOM AOR, must comply with the training requirements listed in the Foreign Clearance Guide (FCG). Verification of the training shall be made available to the COR or KO upon request. Additionally, they must receive personal security training that includes at a minimum:

1.6.21.1 Theater and Country Clearance Requirements: Contractor shall ensure all U.S. citizen or U.S. resident Contractor employees and sub-contractor employees performing services under this who are traveling in the USSOUTHCOM AOR follow the requirements identified in the electronic Foreign Clearance Guide (FCG) at https://www.fcg.pentagon.mil/fcg.cfm and must have all necessary passports, visas, and other documents required to enter, exit, or work in the USSOUTHCOM AOR; must have the appropriate DOD identity credential(s); must have the appropriate special area, country, and theater clearance as required in DOD Directive 4500.54E.

1.6.21.2 Vetting: Reserved

1.6.21.3 Installation Access to DOD Facility or Host Nation Installation: Contractor and all subcontractor employees performing services under this contract shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) (U.S. citizen and residents only), and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and areas commander installation/facility access and local security policies and procedures (provided by the COR or KO), and status of forces agreements or other diplomatic agreements. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Director of Emergency Services, Security Office, or host nation equivalent.

1.6.21.4 Host Nation Installation Access with No DOD Facility: Reserved

1.6.21.5 Deoxyribonucleic Acid (DNA) Samples: The Contractor shall collect a DNA record for all U.S. citizen Contractor and subcontractor personnel traveling to the USSOUTHCOM AOR and shall have arrangements for storage of the DNA referenced specimen through a private facility or arrange for the storage of the specimen by contacting the Armed Forces Repository of Specimen Samples for the Identification of Remains (AFRSSIR) at http://www.afmes.mil/index.cfm?pageid=afdil.afrssir.overview or phone: (302) 346-8800. In addition, U.S. citizen Contractor and subcontractor personnel shall comply with the requirements of DODI 3020.41, Enclosure 3, paragraph 8.b., or its successor.

1.6.21.6 Medical Travel Requirement: Contractor shall ensure that all Contractor employees and subcontractor employees are medically, dentally, and psychologically fit for performance of their duties. All U.S. citizen and third country national (TCN) Contractor and subcontractor personnel must meet the medical screening requirements established by the USSOUTHCOM Commander in the Medical Suitability Screening Regulation (SC Reg 40-501), as well as the requirements identified in FORCE HEALTH PROTECTION (FHP) GUIDANCE FOR DEPLOYMENT in the USSOUTHCOM AOR or their successors and follow immunization and health protection guidelines outlined therein. All immunizations must be obtained prior to traveling to the USSOUTHCOM AOR. U.S. citizen and TCN Contractor and subcontractor personnel traveling from a country outside of the USSOUTHCOM AOR must travel into the USSOUTHCOM AOR with a current copy of the Public Health Service Form 791, “International Certificate of Vaccination”. In addition, U.S. citizen and TCN Contractor and subcontractor personnel traveling to the USSOUTHCOM AOR are required to be beneficiaries of a medical evacuation plan and service through an insurance plan provided by their employer or paid for individually.

1.6.21.7 GTMO Medical Requirements: Contractor personnel shall retain medical insurance coverage that includes provisions to cover the costs of emergency medical evacuation from GTMO if so ordered by the local medical authorities.

1.6.21.7.1 GTMO Medical and Dental Services: Medical and dental services are limited in GTMO. The Naval Hospital and Naval Dental Clinic are staffed to treat primarily DOD personnel. The Contractor shall screen prospective employees with the objective to exclude those with admitted chronic disorder from traveling to GTMO. Advise prospective employees of the limited medical and dental services available on-island; and explain the Contractor’s policy concerning required liability coverage for medical and dental treatment. Additional medical services information can be found at:

http://www.med.navy.mil/sites/gtmo/Pages/default.aspx http://www.cnic.navy.mil/guantanamo/Contact/index.htm

1.6.22 Synchronized Pre-deployment and Operational Tracker (SPOT): Reserved

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1 Area of Responsibility. The U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR) includes the geographic areas of Antigua and Barbuda, Argentina, Aruba, Barbados, Belize, Bolivia, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, French Guiana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mayotte, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Barthélemy, Saint Martin, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saint Maarten, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and Venezuela.

2.1.2. Contractor. The total contractor organization or a separate entity of it; such as an affiliate, division, or plant that performs its own purchasing.

2.1.3. Contracting officer (KO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.4. Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

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

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

2.1.7. Foreign National. A foreign national is not a U.S. citizen. Green card holders are also identified as foreign nationals. A foreign national is further categorized as either a third country national or a local national based on the person’s citizenship and location of performance of duty.

2.1.8. Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.