SOW Equip PM and Maint.docx

CUI// SP-PROCURE

Statement of Work for Equipment Preventative Maintenance, Repair Parts and Service of Environmental Test Chambers

1.0 Requirements Overview

1.1 The Packaging Applications Testing Facility at the Packaging, Storage, and Containerization Center (PSCC) located at Tobyhanna Army Depot, PA, performs packaging testing for the Department of Defense (DoD) and the Department of Transportation (DOT), along with other government agencies and occasionally for private industry.

1.2 PSCC is currently in possession of the test equipment listed in paragraph 3.2. Preventative maintenance (PM) of these systems must be performed on an annual basis to ensure that the equipment is in good working order, safe to operate, and is in compliance with the equipment manufacturers recommendations, ASTM practices, International Safe Transit Association (ISTA) certification, and DOT requirements.

2.0 Applicable Test Standards

The test equipment is used to test materials and packaging for which PSCC has been designated with lead service responsibility in AR 700-15, Packaging of Material. These include, but are not limited to: fiberboard, wood, and plastic boxes; non-metal pallets; flexible or rigid Intermediate Bulk Containers (IBCs), and other containers which are part of hazardous materials (HAZMAT) and project testing workload. The test equipment shall maintain the capability to perform the testing to such requirements as, but not limited to, the following:

2.1 49 Code of Federal Regulations, §178.600, Subpart M – Testing of Non-bulk Packagings.

2.2 49 Code of Federal Regulations, §178.800, Subpart O – Testing of IBCs.

2.3 United Nations Recommendations on the Transport of Dangerous Good – Model Regulations.

2.4 International Safe Transit Association (ISTA) Certification Requirements, Procedures 2B, 2C, 3E, etc.

2.5 American Society for Testing and Materials (ASTM) D4919 - Standard Guide for Testing of Hazardous Materials (Dangerous Goods) Packagings.

2.6 American Society for Testing and Materials (ASTM) D4169 - Standard Guide for Standard Practice for Performance Testing of Shipping Containers and Systems.

2.7 ISO 16495 Packaging – Transport Packaging for Dangerous Goods – Test Methods.

3.0 Statement of Work:

3.1 The contractor shall perform annual PM, troubleshooting, and repair(s) of the environmental test chambers located in the ASC PSCC testing facility, which is located in building 2, bays 4 and 5, at the Tobyhanna Army Depot, Tobyhanna, PA. The contractor shall schedule the annual PM visit in conjunction with PSCC.

3.2 The contractor shall be responsible for the performance of PM, troubleshooting, and equipment repairs. As applicable, contractor must possess the appropriate training, certification, and/or experience to successfully conduct PM and troubleshooting of all listed equipment. If parts and/or labor is required in addition to the scope of this SOW, the contractor shall provide a written estimate and receive written approval prior to the purchase of the item(s) and/or providing additional labor. Below is the list of equipment the contractor is responsible for:

a. TPS 10x10 Walk-In Temperature/Humidity Chambers, Model WITR (2 each)

b. Russells 12x8x10 Walk-In Temperature Chamber

c. Thermotron 4x4x4 Temperature/Humidity Chamber Model SE-2000-6-6

d. Thermotron 2x2x2 Temperature Chamber Model S-4-8200

e. Envirotronics Altitude Chamber 4x4x4, Model EAH64-2-7.5WC

f. CSZ 4x4x4 Temperature/Humidity Chamber, Model ZPHS-64-3.5-SCT/AC

g. CSZ 2x2x2 Temperature/Humidity Chamber, Model ZPHS-8-2-SCT/AC

h. CSZ 2x2x2 Temperature/Humidity Chamber, Model ZPHS-8-2-2-H/AC

3.3 Manufacturer-recommended PM shall be performed annually for each piece of equipment, and shall include as a minimum the following:

a. Leak test of refrigeration system and verification of equipment specifications such as oil pressure requirements on both high and low stage refrigeration systems.

b. Inspect electrical connections to include verification of voltage and amperage readings.

c. Cleaning of air cooled condenser units.

d. Flushing of humidity systems and yearly disassembly and clean-out of steam generators.

e. Change vacuum pump oil in accordance with manufacturer’s requirements.

f. Inspection of solenoid valves.

g. Validate operation of dry air purge.

3.4 The contractor shall provide costs associated with four service calls for unplanned equipment breakdowns. These costs shall include all travel time, milage, per diem, and any other associated travel costs. Any labor used for troubleshooting and repairs shall be charged separately, in accordance with paragraph 3.5 of the SOW. The cost for each additional service call shall also be specified prior to award of the contract and shall be valid throughout the period of performance of the contract.

3.5 The contractor shall provide 32 hours of on-site labor, used for troubleshooting and repairs at the discretion and request of PSCC. The cost for each additional labor hour shall also be specified prior to award of the contract and shall be valid throughout the period of performance of the contract.

3.6 The contractor shall include an annual budget not to exceed $5,000 for parts to be purchased by the contractor in support of repair and maintenance activities, used at the discretion of PSCC. The contractor shall provide a written estimate and receive written approval prior to the purchase of the item(s) and/or providing additional labor/material costs not covered under the SOW. The contractor shall not mark-up the cost of supplies any greater than 20 percent of the contractor’s cost.

3.7 In the event equipment breaks down and/or emergency repairs are required, the contractor shall arrive within 1 week to perform troubleshooting and to provide a quote for any parts and/or additional labor costs not covered under this SOW. The contractor shall perform the repairs within 1 week of quote approval and receipt of materials, or at a time and date mutually agreed upon by PSCC and the contractor.

3.8 The contractor shall include telephone and email support.

3.8.1 Telephone support shall be available between the hours of 9:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday, excluding all Federal holidays.

3.8.2 All calls and emails shall be returned within 24 hours.

4.0 Documentation

A documented report containing a detailed list of preventative maintenance services, or repair/troubleshooting services completed shall be provided within 1 week after completion of services. The report shall include detailed measurements (temperatures, pressures or voltages), along with findings/conclusions/recommendations. A separate report shall be provided for each visit and piece of equipment being serviced.

5.0 Travel and Delivery of Service

5.1 Traveling costs to the PSCC testing facility located at Tobyhanna Army Depot (11 Hap Arnold Boulevard, building 2, bay 5, Tobyhanna, PA 18466) shall be included in the price quote.

5.2 Delivery of services shall be made between the hours of 7 a.m. and 3:30 p.m., Monday through Friday, excluding all Federal holidays, on a date that is mutually agreed upon by PSCC and the contractor. Services outside of those specified timeframes above, shall be mutually agreed upon by PSCC and the contractor.

5.3 The Government will ensure access to the equipment to be serviced.

6.0 Safety Requirements

6.1 The contractor is required to comply with all applicable safety regulations while on-site at PSCC.

6.2 All equipment provided shall meet or exceed applicable safety standards and requirements.

7.0 Personal Preparedness

Personnel working on the equipment shall be knowledgeable of the equipment and instrumentation, and be prepared with the necessary tools to perform the PM and/or service.

8.0 Period of Performance

The initial period of performance is 1 year after award date; follow-on option years may be considered.

9.0 TYAD Security Requirements

All TYAD contracts and other acquisition-related documents must ensure privacy and security controls follow the information, and that contractors and service providers protect Privacy Act information in the same way the organization adhering to the Federal Acquisition Regulations (FAR) Privacy Act provisions (Subparts 24.1 and 24.2) and include the specified contract clauses (Parts 52.224-1 and 52.224-2), as appropriate, to ensure that personal information is protected as mandated.

In addition to the changes authorized by the clause of this contract; should Force Protection Condition (FPCON) at the installation change, the Government may require changes in contractor security matters and/or processes.

FPCON impact on work levels. (Please annotate with an X which may apply):

__X___ During FPCONs Charlie and Delta, all services are discontinued. Services will resume when the FPCON level is reduced to level Bravo or lower.

_____This contract and its employees are considered mission essential. Therefore, all contractor employees are required to report for duty and remain on duty during declared emergencies and/or elevated FPCON levels unless otherwise directed by the contacting officer via the appropriate COR.

Contingency Operations Plan

The Contractor shall prepare and submit a Contingency Operations Plan to the Government. The Contingency Operations Plan shall document Contractor plans and procedures to maintain support during an emergency. The Contingency Operations Plan shall include the following:

· A description of the Contractor’s emergency management procedures and policy

· A description of how the Contractor will account for their employees during an emergency

· Planned temporary work locations or alternate facilities

· How the Contractor will communicate with Government during emergencies

· A list of primary and alternate Contractor POCs, each with primary and alternate telephone numbers

· Procedures for protecting Government Furnished Equipment (GFE)/Government furnished property (if any)

· Procedures for safeguarding sensitive and/or classified Government information (if applicable) Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

Antiterrorism (AT) Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training prior to contract report date. This training is required for any additional or new contractor employees, who start after that period. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html for their training. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record, or contractor equivalent. As applicable, contractor employees must complete annual AT awareness training as it pertains the length of the contract.

Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors 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 TYAD Law Enforcement. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy.

Contractor and all associated sub-contractors 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 the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

A background check and approval from Tobyhanna Army Depot (TYAD) Law Enforcement is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, “Request Access to Tobyhanna Army Depot” to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All of the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD. See “Access and General Protection/Security Policy and Procedures”.

Submit the completed ELTY Forms 648-C form(s) to the COR or POC. Ensure contracts include the provisions that check for the possibility of and prevent undocumented workers for inclusion in contracted work related to Army missions.

The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

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

For contractors that do not require CAC, but require access to a DoD facility or installation. 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 (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and 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.

Collection of Badges: The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in of this section, unless otherwise approved in writing by the Contracting Officer. The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility. Contractor personnel will obtain a vehicle pass for access to the military installation and Common Access Cards (CAC) for computer access, if applicable.

Security and privacy requirements for all Department of Defense-Tobyhanna (TYAD) information technology (IT) procurements.

Applicability: The requirements established in this document apply to all employees, contractors, and users authorized to participate in the TYAD IT procurement process. Further, the requirements established herein apply as the entire contract or order (hereafter referred to as a “contract”), or any portion thereof, includes either or both of the following:

a. Access (Physical or Logical) to Government Information: Physical and Logical Access refers to when contractor personnel (and/or any subcontractor) are expected to have (1) routine physical access to an TYAD-controlled facility; (2) logical access to an TYAD-controlled information system; (3) access to government information, whether in an TYAD-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3) as per OMB M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors.

b. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) employee will operate a federal system and information technology containing data that supports the TYAD mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

Requirements: Safeguarding Information and Information Systems In accordance with the Federal Information Processing Standards Publication (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:

a. Protect Government information and information systems in order to ensure:

· Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information.

· Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity.

· Availability, which means ensuring timely and reliable access to and use of information.

b. Provide security for any Contractor systems, and information contained therein, connected to a TYAD network or operated by the Contractor on behalf of TYAD regardless of location. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within sixty (60) minutes or less, bring the situation to the attention of the other party.

c. Adopt and implement policies, procedures, controls, and standards that are in effect at the time of contract solicitation and required by the TYAD Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. Obtain the TYAD Information Security Program security requirements based on the National Institute of Standards and Technology (NIST) “Framework for Improving Critical Infrastructure Cybersecurity.” The framework contains the five (5) core functions to “Identify,” “Protect,” “Detect,” “Respond (to),” and “Recover (from)” any cybersecurity event.

d. Comply with the Privacy Act requirements and with the Federal Information Security Modernization Act (FISMA) and with the OMB memo M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, Contractor Employee Personnel Security Screenings documents, and FAR clauses as applicable and incorporated into this solicitation/contract. Personally Identifiable Information is defined as below.

Per Office of Management and Budget (OMB) Circular A-130, Personally Identifiable Information (PII) is “information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.” Examples of PII include, but are Security and Privacy Requirements for Information Technology Procurements not limited to the following: social security number, date and place of birth, mother’s maiden name, biometric records, etc.

Per TYAD, sensitive PII is PII that if released improperly could result in harm, embarrassment, inconvenience, or unfairness to the individual whose name or identity is linked to the information. Context must be accounted for in order to determine whether PII is sensitive. Some PII is always sensitive, and some is only sensitive when it is used in a particular context. For example, a list of people subscribing to a government newsletter is generally not sensitive PII; a list of people receiving treatment for substance abuse would always be considered sensitive PII.

The list below is not exhaustive. Context must be accounted for in order to determine whether PII is sensitive. The following types of information are always considered sensitive:

· Social Security Numbers (including using just the last 4 digits of the SSN)

· Date of birth

· Mother’s maiden name

· Biometric identifiers (e.g., fingerprint, iris scan, voice print)

· Personal financial information, credit card and purchase card account numbers

· Citizenship and immigration status

· Criminal history • Computer access passwords and security questions

· Medical records

a. Mandatory Training for All Contractor Staff - All contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable TYAD Cybersecurity and Privacy Awareness training (provided upon contract award) before performing any work under this contract (this training is available to new contractors, even if they do not have a PIV card). Thereafter, the employees shall complete the TYAD Cybersecurity and Privacy Awareness training at least annually, during the life of this contract. All provided training shall be compliant with TYAD training policies. Contractor Employees Who Require Access to Government Information Systems. All contractor employees with access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services and must successfully complete the DOD Information Assurance (IA) Awareness prior to access to the information system and then annually thereafter.

b. Training Records - The contractor (and/or any subcontractor) shall maintain training records for all its employees working under this contract in accordance with TYAD policy. A copy of the training records shall be provided to the COR within 30 days after contract award and annually thereafter, or upon request.

Information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

Information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

Security Clearances. [If applicable.] Performance of work will require access to classified information or equipment IAW the DD Form 254, Contract Security Classification Specification, provided as an attachment. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. Contractor personnel performing IT sensitive duties are subject to investigative and assignment requirements IAW AR 25-2, AR 380-67, DoD 8570.0 and affiliated regulations. Army regulation available at www.apd.army.mil.

Threat Awareness and Reporting Program (TARP). [If applicable.] For all contractors with security clearances, per AR 381-12, TARP contractor employees must receive initial and annual TARP training by a CI Agent or other trainer as specified in 2-4b.

Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training. The training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

a. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official Business, controlled unclassified information may only be transmitted as directed in the SOW.

b. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official Business, controlled unclassified information may only be transmitted as directed in the SOW.

c. The Contractor shall not post to company websites, publications, newsletters or other media any images, data or information that reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information. When in doubt, company press releases related to this contract should be coordinated through the Contracting Officer Representative (COR) or Technical Point of Contact, as applicable.

d. Because observation of events, operations, physical changes, etc. may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. (Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC § 793.) Therefore, contractor personnel shall not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data or information, or observed events that reveal sensitive government operations, personnel, equipment, including, but not limited to:

e. Tactics, techniques and procedures, production or work schedules, any visible or concealed modifications, upgrades, additions to vessels, aircraft, or weapons or equipment; increases, change, or decreases in work/deployment frequency or government personnel, vehicle, vessel or aircraft movements; specialized equipment orders, deliveries, shipments, etc., Unauthorized disclosures and attempts to solicit this type of information by unauthorized third parties or others not affiliated with this contract shall be reported to the installation Security Office, contract point of contact, and your company Facility Security Officer and/or the Defense Security Service. Non-Disclosure requirements remain in effect during the duration of this contract and indefinitely thereafter.

f. Government issued badges, identification shall be removed and/or concealed from plain sight when off station and shall not be left in vehicles or unprotected. Badges and passes may not be duplicated or copied or loaned to others. Lost or stolen identification badges, vehicle passes etc. will be immediately reported to the installation Security Office.

g. Practice OPSEC and implement countermeasures to protect CI and other sensitive unclassified information and execution of military operations performed or supported by the contractor in support of the mission. Protection of CI will include the adherence to and execution of countermeasures which the contractor initiates or as provided by TYAD, for CI on or related to the SOW.

h. It is strongly recommended the contractor mark and protect related internal production schedules, deliverables, inventories and shortages and identified vulnerabilities related to production of government material. Internal company markings e.g., Business Sensitive, etc., are appropriate for identifying the aforementioned as sensitive information. Specific Government-provided information, drawings etc., will be protected in accordance with guidance in applicable paragraphs of the SOW.

i. All government information must be destroyed at contract termination or returned to the government at the government’s discretion.

Information Security (INFOSEC)

Contractor personnel must comply with local security requirements for entry and exit control for personnel and property at the Government leased facility or any Government facility where work is being performed.

Contractor employees will be required to comply with all Government security regulations and requirements. Initial and periodic security training and briefings will be required. Failure to comply with security requirements can cause for removal and the Contractor will not be permitted to provide service on this contract.

The Contractor shall not divulge any information about DoD files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at the Government leased facility or any other Government facilities were work is being performed. Identification shall be worn and displayed as required.

COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

Safeguarding Controlled Unclassified Information (CUI)

CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 CFR 2002.4(aa) as implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re- using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. Marked appropriately;

b. Disclosed to authorized personnel on a “Need-To-Know” basis;

c. Protected in accordance with NIST SP 800-53, Rev. 4 Security and Privacy controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. Returned to TYAD control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

Safeguarding Sensitive Information: For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with FISMA by securing it with a FIPS 140-2 validated solution.

Confidentiality, Integrity, Availability, and Nondisclosure of Information: Any information provided to the contractor (and/or any subcontractor) by TYAD or collected by the contractor on behalf of TYAD shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The contractor assumes responsibility for protection of the confidentiality, integrity, and availability of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the contractor. Each contractor employee or any of its subcontractors at any level to whom any TYAD records may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein. The confidentiality, integrity, and availability of such information shall be protected in accordance with TYAD policies and instructions. Unauthorized disclosure of information will be subject to the TYAD sanction policies and/or governed by the following laws and regulations:

· 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

· 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

· 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

· 18 U.S.C. 1030 The Computer Fraud and Abuse Act (CFAA)

· 44 U.S.C. 3301 Definition of Records Government Access for Security Assessment: In addition to the Inspection Clause in the contract, the contractor (and/or any subcontractor) shall afford the Government access to the contractor’s facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment (to include vulnerability testing), investigation, and audit to safeguard Security and Privacy Requirements for Information Technology Procurements against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of TYAD, including but are not limited to:

a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government’s direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of the contract. The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, Structured Query Language (SQL) injection vulnerabilities, and any other known vulnerabilities.

b. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.

c. Cooperate with inspections, audits, investigations, and reviews.

National Defense Authorization Act Section 889 Compliance: DoD, GSA, and NASA have issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 889(a)(1)(B) prohibits executive agencies from entering into, extending, or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, on or after August 13, 2020, unless an exception applies or a waiver is granted. See solicitation provision 52.204-24 and clause 52.204-25.

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.

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

In the event keys, other than master keys, are lost and/or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the locks or locks shall be deducted from the monthly payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaces by the Government and the total cost deducted from the monthly payment due to the Contractor.

The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas or personnel authorized entrance by the KO.

Lock Combination. [If applicable.] The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

10.0 CONTRACTOR SAFETY STANDARDS FOR TYAD

Below are the contractor requirements for any work done on Tobyhanna Army Depot (TYAD). It is the responsibility of the contractor to enforce the below requirements. Failure to enforce safety requirements on the depot can result in termination of the contract.

Important Phone Numbers Emergency: 911 Security: 570-615-7550 Fire Department – (Non-Emergency): 570-615-7300 Safety: 570-615-7027

Changes in this document for June 2018:

The contractor is solely responsible for jobsite safety S10.0. Update on the red card program in S 10.0.5.

Update on confined space S 10.6.3.

Subcontractors are the responsibility of the prime contractors, S 10.10.4.

S.10.0 THE CONTRACTOR IS SOLELY RESPONSIBLE AND LIABLE FOR JOB- SITE SAFETY.

Review of the project plans and other documents by the Tobyhanna Safety Office does not constitute an acceptance of Federal responsibility or liability for the adequacy of the safety measures identified for the job or for the Contractor's compliance with OSHA rules and regulations. The Contractor remains solely responsible and liable for job-site safety at all times during the term of the contract.

Contractors shall comply with the following:

1. Tobyhanna Army depot has restrictions on the use of fossil fuels in all buildings. The contractor must follow the TYAD fossil fuel memorandum of understanding.

2 All direct construction supervision including subcontractors must have completed the OSHA 10 hour safety course for construction. These certificates must be submitted with the site safety plan BEFORE construction starts.

3. Red card program - Tobyhanna Army Depot utilizes a program to allow employees to stop an action which is considered unsafe. Employees carry small red cards that can be thrown down when the employee sees an action they consider unsafe. Work ceases until TYAD management can decide if it is safe or not. Contractors are required to comply with this. If a Tobyhanna employee presents his red card to a contractor, the contractor must stop working until the COR and the safety office can determine if there is a safety hazard or not.

S.10.1 CODE COMPLIANCE

Tobyhanna Army Depot requires full contractor compliance with all safety regulations and standards. The Contractor is responsible for maintaining, monitoring and enforcing all rules, regulations and codes, by ALL personnel working for the contractor including all subcontractors. These codes include:

Title 29 Code of Federal Regulations-1910 (OSHA General Industry Standards), Corps for engineers EM 385, Title 29 Code of Federal Regulations-1926 (Construction Industry Standards), National Fire Protection Association Codes, Uniform Facilities Code, Other codes as required to maintain safety standards.

S.10.2 JOB HAZARD ANALYSIS (JHA)

Prior to the start of work, the contractor shall prepare a JHA for each phase of work that will be done under the contract. A phase is any operations involving a certain type of work. Examples include demolition, excavation, masonry work, concrete pouring, roofing, and electrical wiring. Work done by each subcontractor is also a phase. The JHA will:

S.10.3 SAFETY PLAN

Contractors will submit a written Contractor Safety Plan prior to beginning construction. The plan must follow the guidelines in OSHA 1926.

S.10.4 ELECTRICAL SAFETY

Follow the current Tobyhanna Army Depot standard. This standard is based on NFPA 70E.

S.10.5 DEPOT REQUIRED PERMITS/APPROVALS

Permits are required for:

For sealed sources of radiation, i.e. Moisture Soil Density Gauges, the application must include a valid Nuclear Regulatory Commission (NRC) Radioactive Materials License that allows the applicant to use the source as specified in the…