TETSS Draft PWS Bridge.docx

W91151-16-D-0007 (jcj1151203048)

Section C - Descriptions and Specifications

STATEMENT OF WORK

C.1 General C.1.1 Description of Services/Introduction C.1.2 Background C.1.3 Objective C.1.4 Scope C.1.5 Period of Performance C.1.6 General Information C.1.6.1 Quality Control C.1.6.2 Quality Assurance C.1.6.3 Holidays C.1.6.4 Hours of Operation C.1.6.5 Place of Performance C.1.6.7 Security Requirements C.1.6.8 Special Qualifications C.1.6.9 Post Award Conference/Periodic Progress Meetings C.1.6.10 Contracting Officer’s Representative C.1.6.11 Key Personnel C.1.6.12 Identification of Contractor Employees C.1.6.13 Contractor Travel C.1.6.14 Other Direct Costs C.1.6.15 Data Rights C.1.6.16 Organizational Conflict of Interest C.1.6.17 Phase In/Phase Out Period

C.2 Definitions C.2.1 Definitions

C.3 Government-Furnished Property, Equipment, and Services C.3.1 General C.3.2 Services C.3.3 Facilities C.3.4 Utilities C.3.5 Equipment C.3.6 Materials

C.4. Contractor-Furnished Items and Responsibilities C.4.1 General C.4.2 Secret Facility Clearance C.4.3 Materials C.4.4 Vehicles C.4.5 Copying, Printing, and Reproduction C.4.6 Services C.4.7 Refuse/Recycling C.4.8 Deliverables C.4.9 Contractor-Acquired Property

C.5. Specific Technical Requirements C.5.1 Test Support C.5.2 Technical Support C.5.3 Engineering C.5.4 Logistics C.5.5 Security C.5.6 Contractor Manpower Reporting

C.6. Applicable Documents C.6.1 General C.6.2 Abbreviations Associated with Publications C.6.3 Location of Publications and Forms C.6.4 List of Publications

SECTION C.1

GENERAL INFORMATION

C.1. GENERAL. This is a non-personal services contract to provide administrative support, data management, data collection, instrumentation, information technology (IT) services, and logistics support to the Integrated Test and Evaluation and Fires Test Directorates in support of mission requirements. As such, the Government shall not exercise any supervision or control over the contract service provided, performing services herein. All personnel engaged in performing the services under this contract (direct labor, subcontracted labor, material suppliers, etc.) shall be accountable solely to the Contractor who, in turn is responsible to the Government.

C.1.1. Description of Services/Introduction. The Contractor shall provide all labor, management, supervision, supplies, materials, equipment, training, and tools, not otherwise provided as Government-furnished property (GFP), to perform the non-personal services required to support the operational test, data collection, and experimentation mission of the Air and Missile Defense Test Directorate (AMDTD) and Fires Support Test Directorate (FSTD), C.1.2. Background. The AMDTD is located at Fort Bliss, TX. The AMDTD’s primary mission is to plan, coordinate, and conduct integrated operational tests, experiments, and rapid acquisition initiative assessments in support of Network Integration Evaluations (NIE) and other priority Army systems. The FSTD is located at Fort Sill, OK, and Fort Bliss, TX. The FSTD plans, conducts, and reports on independent operational tests, assessments, and experiments in order to provide essential information for the decision-making process for acquisition and fielding of fire support, field artillery, and air defense artillery systems. The AMDTD and FSTD are subordinate units to the U.S. Army Operational Test Command (USAOTC) whose mission is to plan, conduct, and report on independent operational tests, experiments, and assessments of Army materiel in order to provide information for the acquisition and fielding of war fighting systems. The mission includes planning and conducting joint and multi-service tests, reporting on system capabilities and limitations, operational effectiveness, suitability, and survivability. This mission requires planning and conducting force development tests in support of the combat development process, performing field experiments, evaluating technology demonstrations in support of the technology base, and supporting the Army's digitization efforts. The resides within the AMDTD facility and provides direct support to AMDTD and FSTD test events with instrumentation support, technical data collection of weapons, and communication systems performance data.

C.1.2.1. The USAOTC is headquartered at Fort Hood, TX, and is a subordinate command of the U.S. Army Test and Evaluation Command (ATEC) located at Aberdeen Proving Ground, MD. The USAOTC is comprised of a headquarters, seven (7) staff directorates, and eight (8) test directorates. Four (4) test directorates (primary support) are located at Fort Hood, TX. Primary support is also provided at the test directorate located at Fort Bragg, NC; Fort Sill, OK; and Fort Bliss, TX. The USAOTC supports the Army materiel acquisition process by managing the user-testing program and conducting operational testing to support continuous comprehensive evaluation.

C.1.2.2. Testing of materiel and major acquisition systems is complex. Operational testing involves a major effort in the integration of instrumentation, engineering, data management, maintenance, and field services. The flexibility and depth of professional and technical expertise attainable through a contract lends itself to meeting the operational test requirements. Professional managers, experienced engineers, programmers, and a technical staff capable of modifying and operating sophisticated test instrumentation systems are required.

C.1.2.3. Instrumentation is designed to provide AMDTD, FSTD with the operational test tools required for accurate and complete data collection, reduction, analysis, and test documentation. Instrumentation systems enable AMDTD and FSTD to collect data with reproducibility and analytical rigor to answer the critical operational issues and criteria that are designed to validate the performance capabilities of major weapon systems or concepts under test for program milestone decisions. Instrumentation systems shall be temporarily hand receipted to the contractor upon each test at Fort Sill, OK and Fort Bliss, TX.

C.1.2.4. The following non-personal services are required by AMDTD, FSTD and have historically been provided under contract.

C.1.2.4.1. Test operations support, which includes logistics, administrative, test planning, field test support, data collection, data reduction, data base management, and technical input for test report preparation.

C.1.2.4.2. Test operations logistics support that involves the preparation and maintenance of sites and facilities.

C.1.2.4.3. Maintenance, dispatch services, and operators for test support vehicles and generators.

C.1.2.4.4. Provide instrumentation, interfaces, platform installation kits, data reduction tools, data visualization tools, and test support tools. Write software and firmware. Operate Government-provided instrumentation.

C.1.3. Objective. The Contractor shall provide specific technical requirements in support of the operational test, data collection, data management, logistics, engineering, programming, field operations, and instrumentation to support the missions of the AMDTD, FSTD.

C.1.4. Scope. Primary locations of performance are Fort Bliss, TX, and Fort Sill, OK. The Contractor shall provide all labor, management, supervision, supplies, materials, equipment, training, and tools, not otherwise provided as GFP, to perform the non-personal services required to support the operational test, data collection, and experimentation mission of the AMDTD Fort Bliss, TX, and FSTD, Fort Sill, OK. The Contractor shall perform testing, data collection, and experimentation in support of combined developmental and operational tests, joint and multi-service tests, training activities, and other Department of Defense (DOD) activities. Other locations shall be identified in individual task orders and may require the delivery of test support services at locations both within the continental United States (CONUS) and outside the continental United States (OCONUS). Task authorization requests (TARs) and task implementation plans (TIPs) shall be issued in accordance with (IAW) the procedures set forth in Technical Exhibit D, CDRL A004.

C.1.4.1. Activities that apply across the scope of the contract:

C.1.4.1.1. Files. The Contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this contract. All files shall be digitized in searchable form, indexed, saved to Government-approved portable media, and become the property of the Government. The Contractor shall not allow access to the files by any Government agency, non-Government agency, or individual unless specifically authorized by the Contracting Officer (KO) or designated representative upon request. Files shall be made available to the KO or designated representative upon request.

C.1.4.1.2. Hazardous Materials Management. During the course of contract performance, the Contractor may be required to deal with hazardous materials as specified in the task order.

C.1.4.1.3. Sensitive Item Storage. The Contractor shall maintain a Data Management Storage Facility at Fort Bliss, TX, IAW Army Regulation (AR) 190–51, AR 190–13, and local guidance for storing sensitive items.

C.1.4.1.4. Interface with Government Operation. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled Government operational activities.

C.1.4.1.5. Although this is a service contract, there are incidental supply actions taken in support of the contracted mission. Contractor purchases may be authorized when incidental and key to Contractor performance.

C.1.4.1.6. Instrumentation Systems. The AMDTD. FSTD use electronic and mechanical systems to accurately model, simulate, stimulate, measure, and record personnel actions, test activities, and equipment performance throughout the conduct of tests. The AMDTD, FSTD continually refine, fabricate, and test modified and new instrumentation systems designed to meet test requirements. The Contractor shall maintain test instrumentation systems that are temporarily provided to the Contractor as specified in the task order.

C.1.4.1.7. Fraud, Waste, and Abuse. The Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor occupied work area(s). Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste, and abuse or other intentionally dishonest conduct against the Government observed during or in performance of this contract.

C.1.4.1.8. Conservation of Utilities. Contractor personnel shall practice utilities conservation and shall operate under conditions, which preclude waste of Government-furnished utilities.

C.1.4.1.9. Fire Protection. The Contractor shall comply with all applicable fire prevention and protection regulations wherever work is performed under this contract. The applicable fire prevention and protection regulations are IAW local procedures and policies. The Contractor shall observe all rules and regulations issued by the National Board of Fire Underwriter covering storage and use of flammable mixtures that might constitute a fire hazard.

C.1.4.1.10. Accident Reporting. The Contractor shall report all accidents resulting in injury, death, or property damage IAW AMDTD, FSTD and other military installation policy designated as performance locations, regulations, shall be provided upon request.

C.1.4.1.11. Safety. The Contractor shall safeguard and maintain all Government property IAW Federal Acquisition Regulation (FAR) 45 as well as provide for the safety and well-being of Contractor personnel. The Contractor shall comply with local regulations as applicable. The Contractor shall develop and implement a safety program for its employees at both locations. The Contractor shall submit the safety plan to the KO after the phase-in period for acceptance. Revisions shall be submitted ten (10) days prior to the effective date of the change. Safety rules that are or may be imposed upon the Contractor by Federal, State, or municipal code and the applicable installation regulations shall be effectively carried out in the performance of the service contemplated herein. The Contractor shall take proper safety and health precautions to protect the work, employees, public, and property of others. In performing any part of this contract on premises that are under the direct control of the Government, the Contractor, agents, servants, or employees shall:

C.1.4.1.11.1. Comply with and cooperate in all corrective and preventative measures or controls prescribed by the State or Federal Government for protection of life and health of persons as required by the Occupational Safety and Health Act (OSHA) or for the prevention of damage to property and material.

C.1.4.1.11.2. Participate fully in any safety or accident prevention program of any Government installation that the Contractor or subcontractors may be required to enter during the life of this contract. This includes required safety training, i.e., the use of night vision goggles and drivers training for operating in tactical blackout conditions.

C.1.4.1.11.3. Comply with the safety standards, regulations, directives, and requirements of the local commander or his authorized representative applicable to the site of work and perform such work in a safe manner.

C.1.4.1.11.4. Exercise care and due precautions commensurate with the dangers or hazards of the work being performed with due consideration of physical surroundings, equipment, facilities, personnel, and other factors involved.

C.1.4.1.11.5. Report immediately to the local commander or the authorized representative with notification to the KO, all accidents involving the Contractor, or its agents, servants, or employees that occur on a Government installation or other premises under the direct control of the Government.

C.1.4.1.11.6. Smoking. The Contractor shall comply with local and other military installation regulations that establish policies governing smoking in Government facilities.

C.1.4.1.12. OSHA. The Contractor shall implement and maintain the safety program as approved by the KO. Revisions shall be submitted to the KO ten (10) days prior to the effective date of change. The Contractor shall comply with local and OSHA safety regulations. Contractor personnel shall wear safety items required by OSHA during the performance of tasks requiring protective equipment or clothing.

C.1.4.1.13. Compliance with Laws and Regulations. The Contractor shall fully comply with local military installation, city, state, and federal laws, regulations, and/or ordinances pertinent to performance of the contractual services required under this contract. The Contractor is responsible to perform services only after necessary permits and/or clearances have been provided.

C.1.4.1.13.1. The Contractor and his employees shall observe all rules and regulations issued by the installation Commanding Officer pertaining to fire, safety, sanitation, severe weather, tobacco use control, admission to the installation, conduct of operations, and so forth.

C.1.4.1.13.2. The Contractor shall comply with all Army, ATEC, USAOTC, AMDTD and FSTD and test installation policies, procedures, and regulations. Compliance shall be required where services are provided under this contract, as they apply to the following: Information security, operational security, physical security, personnel security, public affairs, information assurance (IA), foreign disclosure and contact, and arms, ammunition and explosives.

C.1.4.1.14. Contractor Use of Government Dining Facility. The Contractor may be involved in test/exercises where Government dining facilities are available. The Contractor may be authorized to use the Government dining facilities.

C.1.5. Period of Performance: The period of performance shall be from 20 October 22 – 19 October 2023.

C.1.6. General Information.

C.1.6.1. Quality Control. The Contractor shall implement a complete quality control program that identifies potential and actual problem areas in providing requirements of the contract as specified and result in corrective action throughout the life of the contract. The Government shall make final review and acceptance of the QCP within 30 days after award. Changes to the QCP shall be submitted to the KO not later than ten (10) calendar days prior to the effective date of the change. The Government shall make final review and acceptance of any subsequent changes. The basic tenet of the plan is that the Contractor is responsible for quality. All methods, procedures, and forms shall support this concept. Deviation from the approved QCP based upon Government requirements shall be approved in writing by the KO in advance.

C.1.6.2. Quality Assurance. The Government shall monitor the Contractor's performance under this contract using Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW the performance standards. The QASP defines how the performance standards shall be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

C.1.6.3. Holidays. Work shall not be required on the following federal holidays unless specifically required by a technical requirement.

Independence Day

Federal holidays also include any Presidential or Congressionally designated days off other than the ten listed above.

C.1.6.4. Hours of Operation. Services shall be provided during normal duty hours, which are Monday through Friday 0730 to 1630, excluding legal public holidays. Continuous Contractor service may be required for one or more test operations, running sequentially or concurrently day or night, or in any combination. The Government may require the Contractor to provide services on weekends or holidays to meet contract requirements, such as tests, data collection and experimentation, repair of equipment failures, and documentation generation. Test preparations, test execution, and/or post-test data reduction and report generation may require an extended workday that could require two or more work shifts or adjusted workweeks. Overtime may be required for one or more of the shifts. The Contractor shall abide by the same rules and policies that govern the Government employee as they apply to the work schedule.

C.1.6.4.1. Other than Normal Operating Hours. The following events may affect the normal workday:

If the Installation Commander closes the post during the normal business day or delays opening the post to a later time than normal due to unforeseen events (i.e., inclement weather), the Contractor shall follow the KO's guidance for early release or delayed opening. However, the Contractor may be asked to follow the same policies and procedures as specified by the Government as they apply to Government employees concerning time off, i.e., compensatory time, time off awards, vacation time, personal time, or leave without pay. This time shall not be charged as a direct charge to the contract. The following are examples of events that may affect the normal workday:

ADVANCED POST CLOSURE: The Commander closes post prior to the start of the normal business day. CONDITION GREEN: Normal conditions. No restrictions on driving or on installation operations.

CONDITION AMBER: Caution. Roads may be icy in spots. Exercise caution while driving. Installation operations and training continue as scheduled.

CONDITION RED: Roads are icy. Driving is hazardous and is limited to mission-essential traffic only. Installation activity is limited to mission-essential training and operations (i.e., national defense, health, safety, law and order).

CONDITION BLACK: Severe reduction of traffic flow; no vehicular movement except emergency vehicles. The post is closed to all motor vehicle traffic except emergency vehicles such as military police vehicles, ambulances, engineer vehicles, fire fighting vehicles, utility vehicles, and subsistence trucks.

TRAINING HOLIDAY: Workday designated by the Command, normally preceding a federal holiday. Only applicable to active-duty military members.

COMMAND CLOSURE: Time off given by the Commander to federal and military personnel, does not apply to Contractor personnel. However, the Contractor, mission permitting and approved by the KO, may utilize their own system of time off (i.e., compensatory time, time off awards, vacation time, personal time, or leave without pay) IAW company policy as a result of the closure. This time shall not be charged as a direct charge to the contract.

C.1.6.4.2. As directed by the KO, the Contractor shall comply with policies above for late openings and early release due to inclement weather conditions identified above. In the case of Contractor employees operating in remote locations or those other than Fort Bliss or Fort Sill, the Contractor shall follow the policy at that installation, using the general guidelines herein.

C.1.6.4.3. In all cases, the Contractor shall perform requirements as directed by the KO. In the case of actual test execution, the Contractor shall coordinate with the responsible Contracting Officer's Representative (COR) or KO for guidance before dismissing employees involved in the test.

C.1.6.4.4. Overtime. In accordance with FAR 22.103–2, the Contractor shall perform all contracts so far as practicable without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government shall result or when it is necessary to meet urgent program needs. Overtime shall be coordinated with the KO or COR. Any approved overtime, extra-pay shifts, and multishift should be scheduled to achieve these objectives.

C.1.6.5. Place of Performance. The primary work to be performed under this contract shall be performed at Fort Bliss, TX, and Fort Sill, OK.

C.1.6.5.1. Installation Information. Information about Fort Bliss and Fort Sill can be found at the home pages. The internet website addresses are http://www.bliss.army.mil/ and http://sill-www.army.mil/ respectively.

C.1.6.5.1.1. Vehicle Registration. Contractor or Contractor employee motor vehicles entering federal installations designated as a performance location shall have a valid state license and shall comply with military installation vehicle registration requirements as applicable. Contractor personnel shall return visitor passes, when applicable, to the Provost Marshal office immediately upon conclusion of the conduct of business authorized on the installation. In the event installation decals are issued, Contractor personnel shall comply with installation regulations pertaining to the return or destruction of registration decals after termination or completion of work, when state license is no longer valid, and upon sale of vehicle.

C.1.6.5.1.2. Vehicle Operation. Contractor personnel operating motor vehicles on the installation shall have a valid state operator’s license for the category of vehicle being operated and shall comply with installation vehicle operation directives regarding motor vehicle use on the installation. State license, registration, and insurance shall be maintained current during the time the vehicle is in use on military installations. The Contractor shall provide training and issue licenses for their employees for Government-owned vehicles, including tactical vehicles.

C.1.6.5.1.3. Contractor-owned vehicles used in the performance of services on military installations shall be marked as commercial Contractor vehicles.

C.1.6.6. Type of Contract. Cost-Plus Fixed Fee (CPFF).

C.1.6.7. Security Requirements.

C.1.6.7.1. Physical Security. The Contractor shall implement the Government-directed Physical Security Plan. Physical Security Plan shall be IAW all USAOTC, ATEC, and Fort Bliss and Fort Sill physical security procedures and regulations. At the close of each work period, Government facilities, equipment, and materials shall be secured.

C.1.6.7.1.1. Facility Clearance. The Contractor shall possess, or obtain, prior to contract start date, a facility clearance at the classification level of SECRET. The Contractor is periodically required to handle information classified at a higher level. When this occurs, the Government shall provide an appropriately cleared facility.

C.1.6.7.1.2. Installation Access. The Contractor shall be responsible for assuring all Contractor personnel authorized to perform work under this contract obtain installation access. Government-furnished identification shall be returned to the Government when the employee no longer performs work for the Contractor under this contract. Contractor personnel or any representative of the Contractor entering any military or federal installation designated as a performance location shall abide by all security regulations and shall be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering the confines of a federal installation and upon leaving the confines of a federal installation.

C.1.6.7.1.3. Personnel Security Clearance. The program manager (PM) and site manager (SM) shall possess a Secret clearance. Other selected Contractor personnel, as designated in the technical requirement, shall be required to have Secret clearances. Final clearances shall be required at contract start date for key personnel. At a minimum, interim clearances shall be required for those personnel required to support tests. It is the responsibility of the Contractor to ensure prior to performance that appropriate security clearances have been obtained. Contractor personnel who have not received required security clearances shall not be granted access to classified information nor be allowed to perform classified work. A request for clearance shall be made within five (5) working days after hiring and shall contain a request for an interim clearance. Compliance by the Contractor’s personnel with AR 25–2 and AR 380–5 is required. The Contractor shall also comply with the Industrial Security Program IAW DOD 5220.22–M. The approved DD Form 254 shall be incorporated as part of this contract.

C.1.6.7.1.3.1. National Agency Check with Law and Credit (NACLC). All Contractor personnel requiring access to the ITED/FTD Local Area Network (LAN) and other IT systems shall be required to have a NACLC for trustworthiness determination.

C.1.6.7.1.3.2. Common Access Card (CAC). All Contractor employees requiring computer access shall be required to obtain a CAC through the Trusted Associates Sponsorship System to have access to the ITED/FTD LAN. All Contractor employees requiring a CAC must have at least a NACLC investigation. Industrial/company background investigations are unacceptable to receive a CAC or to have access to the LAN.

C.1.6.7.1.3.3. Identification and Badges. Contractor shall be required to display security badges, provided by ITED or FTD. The badge shall be clearly visible and worn at all times while the employee is on duty. When presenting briefings or conducting/attending meetings or seminars, Contractor employees shall wear identification and introduce themselves as “Contractor employees.”

C.1.6.7.2 Keys. The Contractor shall be 100-percent accountable for keys provided to the Contractor by the Government. The Contractor’s key control shall be IAW local Physical Security Plans, USAOTC, ATEC, and Army regulations. The Contractor shall report any occurrence of misplaced or lost keys to the COR within 12 hours after discovery of occurrence and submit a written report to the COR by close of business the next duty day. The written report shall provide complete details relating to the duplicated, misplaced, or lost key.

C.1.6.7.2.1. In the event any key is misplaced or lost, the Government shall replace all locks and keys for that system. The Contractor shall reimburse the Government for the replacement or rekeying of locks and all GFP lost or stolen because of keys being misplaced or lost by the Contractor or Contractor personnel.

C.1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/keycards 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.

C.1.6.7.3. Lock Combinations. The Contractor shall establish and implement methods of ensuring that no lock combinations are revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s QCP.

C.1.6.7.4. Disclosure of Information. Contract performance may require the Contractor to access data and information proprietary to a government agency, another Government Contractor, or of such a nature that its dissemination or use other than as specified by this Performance Work Statement (PWS), or applicable Task Order, 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 during contract performance, except to authorized Government personnel, or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce such data, which bears a restrictive legend, except as authorized.

C.1.6.7.5. Release of News Information. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of contract performance or any phase of any programs hereunder, without the prior written approval of the KO.

C.1.6.7.5.1. Disclosure of information regarding operations and services of the activity to persons not entitled to receive it or failure to safeguard any classified information that may come to the Contractor (or any persons under the Contractor's control) in connection with contract performance, the Contractor, Contractor's agent, or employees, shall be subject to criminal liability under Title 18, Section 793 and 798 of the United States Code (U.S.C.). Neither the Contractor nor the Contractor's employees shall disclose or cause to be disseminated any information concerning the operations of the activity, which could result in or increase the likelihood of the possibility of a breach of the activity's security or interrupt the continuity of its operations.

C.1.6.7.5.2. The Contractor shall direct to the KO all inquiries, comments, or complaints arising from matters observed, experienced, or learned because of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information.

C.1.6.7.5.3. Inquiries received by the Contractor from non-Governmental sources for documentation regarding work performed under this contract shall be referred to the KO for evaluation under the Freedom of Information Act of 1975, Public Law 93–502, 5 U.S.C. 552. The determination of whether records shall be released shall remain with the KO. The Contractor shall be responsible for search and submission of records upon request by the KO.

C.1.6.7.5.4. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of contract performance or any phase of any programs hereunder, without the prior written approval of the KO.

C.1.6.7.6. Classified Information. This document is not classified; however, the classification of the work to be performed and the items to be delivered under this contract shall be determined and handled IAW the DD Form 254 pertaining to this contract. When the services and support being performed require access to security controlled or classified information, the Contractor shall obtain and provide personnel with the appropriate security investigation/clearance. Contractor's personnel are required to comply with AR 25–2, chapter 4, section 14.

C.1.6.7.6.1. The Contractor shall not use any electronic information processing equipment in its possession to process or transmit classified information under this contract without the written permission of the KO.

C.1.6.7.6.2. Protection of Information Identified as “For Official Use Only” (FOUO). In the performance of this contract, it may be necessary that the Contractor use certain information and material, identified as "FOR OFFICIAL USE ONLY" (FOUO). Such material shall be handled and marked IAW AR 380–5, chapter 5, section I.

C.1.6.7.7. PRIVACY ACT INFORMATION. The Government may task the Contractor, in writing, to design, develop, maintain, or operate a system of records on individuals, which shall be operated in conformance with the Privacy Act of 1974 (5 U.S.C. 552a) and Office of Management and Budget (OMB) Circular No. 108.

C.1.6.8. Special Qualifications.

C.1.6.8.1. Training of Contractor Personnel. The Contractor is responsible for hiring qualified personnel with appropriate certifications and for any required refresher training to maintain certifications as appropriate. The Contractor shall be financially responsible for training required to support the current assigned mission. The Contractor shall provide written justification for training to obtain advance approval from the KO for personnel to attend during normal duty hours.

C.1.6.8.2. In-Service Training. The Government may periodically provide in-service training to Contractor personnel on a space available basis. The Contractor shall submit to the KO or his representative a written request for space for Contractor personnel attendance at Government conducted training. Government training to Contractor personnel may be provided when one of the following criteria is met:

C.1.6.8.2.1. The training is only available from Government sources.

C.1.6.8.2.2. Specialized training is required by the Government in order for the Contractor to perform the technical requirement.

C.1.6.8.2.3. Any training that is required by the Government for Contractor personnel must be recorded and reported IAW Technical Exhibit J, CDRL A010. This could include such things as annual Information Awareness (IA) training.

C.1.6.9. Post Award Conference/Periodic Progress Meetings. The Contractor shall attend any post award conference convened by the contract administration office IAW FAR Subpart 42.5. At these meetings, the KO shall apprise the Contractor of how the Government views the Contractor’s performance, and the Contractor shall be given an opportunity to respond to the Government’s concerns as well as express any concerns of its own. The Contractor shall take appropriate action to resolve performance issues as directed by the KO. The appropriate key personnel shall attend these meetings during the duty day and at no additional cost to the Government.

C.1.6.9.1. The Contractor shall attend coordination meetings with the Government to discuss status, problem areas, and future events and activities. The Contractor shall attend technical and coordination meetings and briefings. The Contractor shall provide the KO with a summary of events by email if changes are identified during the meeting that cause contract or cost impacts.

C.1.6.9.2. The Contractor shall provide a monthly progress briefing to the Government IAW Contract Data Requirements List (CDRL) A003 and associated Data Item Description (DID) Technical Exhibit (TE) C.

C.1.6.10. COR. The KO may appoint a COR under this contract. That appointment shall come in the form of an appointment letter, signed by the KO, and delegating specific authority and responsibilities under the contract. The COR normally performs as the KO’s direct liaison and monitors all technical (quality) provisions of the contract. Routinely, a COR is the Contractor’s direct point of contact for clarification and interpretation of technical requirements under the contract (to include plans, drawings, and specifications). The COR monitors the Contractor’s performance and immediately notifies the KO of any deficiencies. The COR coordinates availability of Government-furnished property and provides site entry for Contractor personnel. The appointment letter describes limitations in the COR’s authority, especially with regard to changes in scope, cost or price, estimated quantities, or changes in delivery dates and time extensions. Other than the authorities and limitations delegated to the COR by the KO, the COR is not authorized to act on behalf of the KO, exercise authority not delegable under the law, or change any of the terms and conditions of the contract and/or subsequent task order(s).

C.1.6.11. Key Personnel. Certain skilled/experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. Key personnel are those individuals designated by the Government and/or Contractor as persons in the Contractor’s organization who provide in-depth operational testing and management experience. The Government considers the following personnel as key personnel: one Program Manager (PM) and one Site Manager (SM). The PM shall be assigned to Fort Bliss, TX and the SM shall be assigned to Fort Sill, OK. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0730 and 1630, Monday through Friday except federal holidays or when the Government facility is closed for administrative reasons.

C.1.6.11.1. The Contractor shall notify the KO, in writing, at least two weeks in advance of replacing key personnel. The KO shall review the qualifications of the replacement personnel prior to the Contractor making the final employment commitment. All requests for approval of substitutions hereunder shall be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitution(s). The request shall contain a complete resume for the proposed substitute, and any other information requested by the KO to approve or disapprove the proposed substitution. The KO or authorized representative shall evaluate such requests and promptly notify the Contractor of the approval or disapproval thereof in writing.

C.1.6.11.2. The Contractor agrees that key personnel shall not be removed, reassigned, or replaced without Government concurrence and shall be replaced by equally qualified personnel under the following conditions:

C.1.6.11.2.1. A temporary replacement shall be assigned when key personnel are: C.1.6.11.2.2. Unavailable for a continuous period expected to exceed one (1) workday, C.1.6.11.2.3. Reassigned to different work within the contract for a continuous period expected to exceed five (5) workdays.

C.1.6.11.3. The Contractor shall provide an emergency contact list for key personnel upon contract award and provide updates to the KO/COR IAW Technical Exhibit E, CDRL A005.

C.1.6.11.4. Contractor Representative. The Contractor shall provide a full time, on-site PM at Fort Bliss, TX, and a full time, on-site SM at Fort Sill, OK. The PM shall have total autonomy and shall be responsible for the total management and coordination of the contract. The PM shall act as the central point of contact for the Contractor with the Government on all contractual matters relating to the daily operation of the contract.

C.1.6.11.5. Personnel. The Government’s minimum requirement is to contract for a workforce of sufficient experience and depth to handle historical and projected workload and test surge requirements. The Contractor shall provide personnel with the necessary skills, knowledge, and training to perform the required support and services of this contract. The personnel performing work under this work statement shall remain employees of the Contractor and shall not be considered employees of the Government.

C.1.6.11.6. Conflict of Interest. The Contractor shall not employ off-duty Government personnel that represent the KO or that perform contract surveillance, nor any other person who is an employee of the United States Government or the Department of Defense, either military or civilian, if such employment would create a conflict of interest or be contrary to the policies contained in section I clauses regarding conflicts of interest. The Contractor shall not employ any person who is an employee of the Department of Army, military or civilian, to perform work under this contract without first obtaining approvals required by DOD Directive 5500.7–R, Joint Ethics Regulation, and implementing Army regulations. The Contractor shall not employ any person who is a family member of either current Contractor employees or current ATEC, USAOTC, ITED, or FTD, employees (either military or civilian) without first providing personnel qualifications, supervisory chain, and proposed employment duration to the KO for review and approval.

C.1.6.11.7. Conduct of Personnel. The KO may require the Contractor to remove from the job site any employee for reasons of misconduct, security, or who is found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the Government representative that such action is necessary in the interest of the Government. In accordance with local regulations and 18 U.S.C. 1382, the installation commander has the authority to bar individuals from the installation. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the required services.

C.1.6.11.8. Responsibility for Loss, Damage, or Personal Injury of Contractor Personnel. The Government shall not be responsible for or held liable for any loss, damage, personal injury, or loss of life of Contractor personnel, not caused by the fault, negligence, or wrongful omission of the Government, its agents or its employees, occurring at any time such personnel are entering, exiting, using, or occupying Government property in performance of this contract.

C.1.6.11.9. The Contractor shall be liable and shall indemnify and hold harmless the Government, its agents, and employees against all action or claims for all damages to persons or property, including death arising or resulting from the fault, negligence, wrongful act, or wrongful omission of the Contractor personnel IAW the Federal Tort Claims Act (28 U.S.C. 2671–2680).

C.1.6.11.10. Hazardous Duty. Contractor personnel may be exposed to hazardous duty while performing services and support for this contract. Such hazardous duties may include being passengers in Government tactical vehicles; the installation, operation, and maintenance of instrumentation equipment; the handling and use of pyrotechnics or blank ammunition; the operation of or exposure to high-powered lasers, stimulants, as well as working on or around Government tactical and combat vehicles in a field environment; and to potentially include working and collecting data in a combat environment.

C.1.6.11.11. Uniform Requirements. Contractor personnel shall display identification badges, provided by the Government, at all times.

C.1.6.11.12. The Contractor shall comply with the OSHA. Contractor personnel shall wear safety items required by OSHA during the performance of tasks requiring protective equipment or clothing.

C.1.6.11.13. All personnel operating or riding as a passenger in Army tactical vehicles whenever they are outside the motor maintenance facility shall wear head protection (Kevlar helmet or Combat Vehicle Crewman Helmet, as appropriate). The Government when required shall provide head protection.

C.1.6.11.14. Personal Appearance. Contractor personnel working under this contract shall practice high standards of personal hygiene and maintain a clean, neat, and professional appearance while on duty.

C.1.6.12. Identification of Contractor Employees. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials. Contractor personnel shall also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

C.1.6.13. Contractor Travel. The Contractor shall be required to travel within CONUS and may be required to travel OCONUS during the performance of this contract to attend meetings, conferences, and training. The Contractor may be required to travel to off-site training. The Contractor shall be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation and the limitation of funds specified in this contract. All travel requires Contracting Officer approval/authorization and notification to the COR.

C.1.6.14. Other Direct Costs. This includes travel, materials, equipment, supplies and overtime not otherwise covered in the PWS. The Contractor shall obtain pre-approval from the KO or a designated Government representative for these costs.

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

C.1.6.16. Organizational Conflict of Interest. Title 10 U.S.C. Section 2399 prohibits the involvement of a defense contractor in the operational test and evaluation of its own systems and equipment. Consequently, all parties must be particularly sensitive to potential, actual, or perceived organizational conflicts of interest where system contractors are or appear to be involved in the operational testing and evaluation of their own equipment or systems, including involvement as a test support contractor. Such involvement is strictly prohibited. The Contractor acknowledges that it is familiar with Title 10 U.S.C. 2399, FAR 9.5, Army Regulation 73-1, ATEC Reg 73-1 and ATEC Pam 73-1 and agrees that it shall avoid conflicts of interest and, to the maximum possible extent, the appearance of a conflict of interest, and, to the maximum possible extent, the appearance of conflict of interest, in accordance with the principles set forth in the Statute and FAR. The contractor shall acknowledge that statutory operational testing and evaluation conflicts of interest arising under 10 U.S.C. 2399 and Army Regulation 73-1 may not be mitigated or “firewalled” using FAR 9.5 procedures.

C.1.6.16.1. The Contractor agrees, with respect to performance under this contract to abide by the following four (4) elements of Conflict-of-Interest provisions:

C.1.6.16.1.1. Proprietary Data Exclusions

C.1.6.16.2.1.2. If performance of work requires the contractor to obtain data from another firm that is considered proprietary, the contractor shall comply with DFAR 227.7103-7 and shall provide notification of the execution of a nondisclosure agreement to the Contracting Officer. The Contracting Officer does not require a copy of the nondisclosure agreement.

C.1.6.16.2.1.3. If performance of work requires the contractor to obtain proprietary data from another firm, the contractor shall not utilize use that data outside the performance of this contract. The contractor shall not be enriched by the utilization use of competitor proprietary data in supplying any systems or components thereof, either as a prime or subcontractor with the Government, to a prime contractor, or as any level of subcontractor.

C.1.6.16.2.1.4. For the purpose of this requirement, proprietary data does not include data which is (i) known to the receiving party at the time of disclosure, (ii) in the public domain, or (iii) disclosed to the Contractor from another source without violation of the agreement required by subparagraph (a) above.

C.1.6.16.2.2. Performance Exclusions, Present Efforts:

C.1.6.16.2.2.1. The Contracting Officer may decline to issue a Task Order (TO) to the Contractor after making a determination that an OCI, or the appearance of an OCI exists. Failure by the Government to issue a TO after such a determination is made is not considered a dispute under FAR 52.233-1 and is not subject to appeal by the Contractor.

C.1.6.16.2.2.2. If performance of any TO requires the contractor to supply technical support related to systems or projects with which the contractor is already directly concerned, either by prime or subcontract, with either another firm or the Government, including, and particularly, the cognizant DOD Program or Project Manager, the contractor shall so immediately inform the Contracting Officer.