ATTACHMENT I Performance Work Statement - Rev 1.pdf

Attachment I

PERFORMANCE WORK STATEMENT (PWS)

FORTY (40) 400 Hz CYCLE CONVERTERS - SERVICE AND REPAIR

Table of Contents

1.0 Definitions and Acronyms

2.0 Overview

2.1 Description of Services

2.1.2 Scope

2.1.3 Period of Performance

2.1.4 Place of Performance

2.1.5 Hours of Operation

2.1.6 Recognized Holidays

2.1.7 Designated Point of Contact

3.0 Specifications

3.1 Services To Be Provided

4.0 Contractor Personnel

4.1 General Requirements

4.1.2 Specific Qualifications

4.1.3 Physical Security

4.1.4 Management and Supervision of Contractor Personnel

4.1.5 Service Contract Labor Standards

4.1.6 5.0 5.1

Parts and Repair Type of Contract Invoicing Firm Fix Price

5.1.2 Invoicing Time & Materials

5.1.3 T&M Materials

5.1.4 T&M Funding

6.0 7.0 7.1 8.0 8.1 8.2 8.3 8.4 9.0 9.1

Invoices Special Requirements Quarterly and Annual Inspection Reports Performance Requirements Quality Assurance/Rejection of Work Ratings Documenting Performance Frequency of Measurement Other Considerations Environmental

9.1.2 Safety Reference

9.1.3 ISO 45001

9.1.4 OSHA Rules and Regulations

9.1.5 OSHA Fall Protection

9.1.6 Standards for Electrical Safety

9.1.7 Safety Video

9.1.8 Personal Protective Equipment

9.1.9 Accident Reporting

10.0 Pre-Work Conference

11.0 Converter Locations

12.0 TYAD Security Requirements

13.0 Construction Contractor Safety Standards for TYAD

Specific Training/ AT OPSEC Requirements/Safety Information

1.0 Definitions and Acronyms

Definitions

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

CONTRACTING OFFICER. A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the CONTRACTOR as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the CONTRACTOR are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of CONTRACTOR performance.

QUALITY CONTROL. All necessary measures taken by the CONTRACTOR to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR. One that enters a contract with a prime CONTRACTOR. The Government does not have privity of contract with the subContractor.

WORKDAY. The number of hours per day the CONTRACTOR provides services in accordance with the contract.

WORK WEEK. Monday through Friday, unless specified otherwise.

Acronyms

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation

CCE Contracting Center of Excellence CFR Code of Federal Regulations CMF Central Mail Facility CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer CONTRACTOR Contractor OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RDO Regular Day Off TE Technical Exhibit TYAD Tobyhanna Army Depot

2.0 Overview. The purpose of this Performance Work Statement (PWS) is to define the requirements to perform service to various TIER levels and on-call unscheduled/emergency repairs for forty (40) 400 cycle converters located throughout Tobyhanna Army Depot. See the list of the 400 Hz converters to be covered under this contract, including the buildings and converter characteristics, on page 10 of this PWS.

2.1 Description of Services. Contractor shall supply all supervision, labor and test equipment, tools, travel, and lodging to provide service to appropriate TIER level and Emergency Support Services/Unscheduled Maintenance as defined in this PWS.

2.1.2 Scope. The Contractor shall inspect, test, and perform repairs (if approved by COR) to the 400 Hz converters located throughout TYAD buildings IAW manufacturer’s service and technical manuals. Before performing repairs, approval must be obtained from the COR before commencing any work.

2.1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years at the Government’s discretion.

The Period of Performance are as follows:

Base Year Option Year I

Option Year II

2.1.4 Place of Performance. CONTRACTOR will perform all services under this contract on-site at Tobyhanna Army Depot, 11 Hap Arnold Blvd, Tobyhanna, PA 18466 and remotely through web/telephone support.

2.1.5 Hours of Operation. The Contractor is responsible for conducting business, between the hours of 0700-1630 Monday thru Thursdays, and 0700-1530 on Fridays, following TYAD’s RDO Schedule, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

2.1.6 Recognized Holidays. Tobyhanna Army Depot is closed on the following holidays and no CONTRACTOR services are required.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Juneteenth Thanksgiving Day Independence Day Christmas Day

The TYAD Operating Schedule is available at: http://www.tobyhanna.army.mil/ Questions concerning the operating schedule may be directed to the COR.

2.1.7 Designated Point of Contact: The Contract COR and the COR’s contact information will be provided after contract award.

3.0 Specifications

3.1. Services To Be Provided. The performance requirement includes inspecting, testing, minor and emergency repairs to 40 (forty) 400 Hertz converters to various TIER levels outlined below throughout the Depot. Additional 400 Hertz converters may come online due to construction or depot mission requirements. Removals may result from the replacement or obsolescence of 400 Hertz converters or change in mission requirements. In the case of adding equipment, the Contractor may request an equitable adjustment to incorporate the new equipment into the contract. Likewise, an equitable adjustment shall be due the Government for equipment that no longer requires maintenance due to obsolescence or other reasons. The desired outcome is to have all systems fully operational should the need to employ them arises.

A. TIER I Preventative Maintenance (every 3 months): Preventative Maintenance (PM) shall identify any problems and make necessary adjustments and/or repairs in accordance with manufacturers specifications including, but not limited to, the following for each individual converter:

1. Inspect for proper operation and potential problems.

2. Correct any potential problems.

3. Disconnect all input power and lock out panel.

4. Open all panel doors and remove all covers to visually inspect for loose connections, deterioration, and charring. Items to be inspected shall include but not be limited to all power connections, power cables, capacitors, transformers and associated components, semi-conductors, wire harnesses, printed circuit boards, circuit breakers and power supplies.

5. Check/verify all the input and output voltages/wattages and ensure that all meters and indicator lights are operating properly. If voltages are out of tolerance or meters or lights are not working properly, the appropriate corrective action will be taken.

6. Clean or replace all filters. Vacuum inside of converter. This includes total cleaning of the unit.

7. Contractor will provide a written report to the point of contact (POC) on all findings and recommendations.

8. PM shall be scheduled through the POC one month prior to the PM taking place.

http://www.tobyhanna.army.mil/

9. Preventative Maintenance (PM) will be performed on a quarterly basis (every 3 months) and will consist of four visits per year on all converters.

B. TIER II Preventative Maintenance (every 6 months): Preventative Maintenance (PM) shall identify any problems and make necessary adjustments and/or repairs in accordance with manufacturers specifications including but not limited to the following for each individual converter:

1. Inspect for proper operation and potential problems.

2. Correct any potential problems.

3. Disconnect all input power and lock out panel.

4. Open all panel doors and remove all covers to visually inspect for loose connections, deterioration, and charring. Items to be inspected shall include but not be limited to all power connections, power cables, capacitors, transformers and associated components, semi-conductors, wire harnesses, printed circuit boards, circuit breakers and power supplies.

5. Check/verify all the input and output voltages/wattages and ensure that all meters and indicator lights are operating properly. If voltages are out of tolerance or meters or lights are not working properly, the appropriate corrective action will be taken.

6. Clean or replace all filters. Vacuum inside of converter. This includes total cleaning of the unit.

7. Contractor will provide a written report to the point of contact (POC) on all findings and recommendations.

8. PM shall be scheduled through the POC one month prior to the PM taking place.

9. Preventative Maintenance (PM) will be performed on a semi-annual basis (every 6 months) and will consist of two visits per year on all converters.

C. TIER III Preventative Maintenance (PM) (once yearly): Preventative Maintenance (PM) shall identify any problems and make necessary adjustments and/or repairs in accordance with manufacturers specifications including but not limited to the following for each individual converter:

1. Inspect for proper operation and potential problems.

2. Correct any potential problems.

3. Disconnect all input power and lock out panel.

4. Open all panel doors and remove all covers to visually inspect for loose connections, deterioration, and charring. Items to be inspected shall include but not be limited to all power connections, power cables, capacitors, transformers and associated components, semi-conductors, wire harnesses, printed circuit boards, circuit breakers and power supplies.

5. Check/verify all the input and output voltages/wattages and ensure that all meters and indicator lights are operating properly. If voltages are out of tolerance or meters or lights are not working properly, the appropriate corrective action will be taken.

6. Clean or replace all filters. Vacuum inside of converter. This includes total cleaning of the unit.

7. Contractor will provide a written report to the point of contact (POC) on all findings and recommendations.

8. PM shall be scheduled through the POC one month prior to the PM taking place.

9. Preventative Maintenance (PM) shall be performed on an annual (once yearly) basis and will consist of one visit per year on units that are idle, in storage or utilized as temporary units. If or when the units are pulled out of storage to replace one of the units in TIER I or TIER II, that unit would then become a TIER I or TIER II unit and PM for that TIER would be followed for the remainder of the contract. CONTRACTOR will be responsible to visually inspect housekeeping and check the unit to be in working order.

Unscheduled/Emergency Repairs: Vendor shall provide a qualified and trained technician to perform on-site Unscheduled/Emergency service calls on all models of 400 Hz converters listed in this Performance Work Statement in response to equipment and/or system failure. Response time for all Unscheduled/Emergency Repair service calls on all units will be within a 72-hour timeframe.

An emergency call shall be defined as follows: any problem that threatens to cause any converter to become inoperable. The vendor will install all parts needed to return any converter to its operational condition “under load”.

4.0 Contractor Personnel.

4.1 General Requirements. The Contractor shall provide trained and experienced service technicians with recent and relevant experience with the types/manufactures of 400 Hz converters located at TYAD and provide quality services IAW manufacturers’ specifications. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

4.1.2 Specific Qualifications. The Contractor’s technicians shall be trained and have a minimum of 5 years of experience at servicing, maintaining, and repairing on all models of 400 Hz converters listed on the table provided on page 10 of this PWS. Contractors must acknowledge that the personnel have been trained and are experienced as stated above on company letterhead by an authorized company representative.

4.1.3 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. Any questions or concerns shall be directed to the COR.

4.1.4 Management and Supervision of Contractor Personnel. The Contractor shall provide all management, quality control, labor, supervision, parts, materials, tools, equipment, supplies, transportation, and other services necessary for the inspection, cleaning, testing, maintenance, and repair of the 400 Hz converters at TYAD. The Contractor shall inspect, clean, test, perform minor repairs to the 400 Hz converters to determine whether they are in service and in satisfactory operating condition IAW Standards and accomplish any minor repairs upon COR approval. The Contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits and shall comply with any applicable safety and health requirements by Federal, State and Local laws, codes, or ordinances in connection with performance of this contract.

4.1.5 Service Contract Labor Standards. FAR 37.107 and 41 USC Chapter 67, Service Contract Labor Standards, provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts.

Service Contract Labor Standards are applicable to this acquisition. Prevailing wage rates may be referenced at the following links:

https://www.dol.gov/agencies/whd/government-contracts/construction https://sam.gov/content/wage-determinations.

4.1.6 Parts and Repair.

A. Contractor will provide all tools, equipment, travel, lodging and labor to successfully complete any repairs that are required. Upon completion of all repairs and PM, the Contractor will demonstrate to appropriate personnel that all converters are fully operational under “load” conditions.

B. Cost of repair parts at the time of the service call: the Contractor will submit a list of repair parts needed, if any.

The POC (or appropriate personnel) will verify parts/work required. Contractor shall not commence any work without prior authorization.

C. The Contractor will provide a written report describing all repairs and any replacement parts required.

5.0 Type of Contract. The Government shall award a hybrid contract with a combination of Firm-Fixed-Price (FFP) and Time & Materials (T&M) CLINs.

5.1 Invoicing. Three contract lines (CLINs) will be used for proposal pricing and invoicing for Preventative Maintenance (quarterly, semiannual, and annual inspections). A firm fixed price (FFP) CLIN will be used for proposal pricing and invoicing for all three tiers of PM. Service will include evaluation of all the units for possible upgrade. Contractor is to discuss and provide a report on any engineering changes or installations that would be necessary, along with associated costs to convert units from the current configurations. Contractor will advise of any obsolescence, parts availability, or support issues. This does not require the Contractor to upgrade any equipment.

5.1.2 Invoicing. A separate contract line (CLIN) will be used for proposal pricing and invoicing for Time and Materials (T&M) for for any authorized on-site Unscheduled/Emergency Repairs.

https://www.dol.gov/agencies/whd/government-contracts/construction https://sam.gov/content/wage-determinations

Emergency Support Services shall be defined as any problem that threatens to cause any converter to become inoperable. The Contractor will install all parts needed to return any converter to its operational condition “under load.” The Contractor shall provide all labor/supervision and parts/equipment necessary to perform on-site Emergency Support Services on all models of 400 Hz converters listed in this Performance Work Statement for all repairs for on-site emergency service calls.

Unscheduled Maintenance shall be defined as approved minor repairs or support services not covered under Scheduled Maintenance or identified as an Emergency Support Service. Contractor shall submit a quote for all proposed minor repairs as identified by the Contractor during performance of the inspecting and testing. Work shall not commence without approval from the COR. The quote must include sufficient detail that clearly identifies the parts and labor. The COR will then review the quote and inform the Contractor of the approval status. The Contractor shall not commence any work without first obtaining approval from the COR.

Upon completion of the work, the Contractor shall submit an invoice in WAWF for Emergency/Unscheduled Support Services completed not later than the tow weeks after the service was rendered. The Contractor shall invoice parts/ material/equipment at cost and at the agreed upon fully burdened labor rate for labor. The Contractor shall only invoice at the agreed upon fully loaded T&M labor rate. Travel expenses are not reimbursable under this contract.

Minor repairs are repairing or replacing cooling fans and blowers, capacitors, fuses, light bulbs, and circuit cards, as well as any additional work identified during inspection/testing (as approved by the COR). All minor repairs shall be performed IAW standard industry practices, equipment manufacturer’s recommendations, and applicable standards (National Fire Protection Association, National Electric Code, Standard Plumbing Code, etc.) It is noted that minor repairs shall include both services that require labor only and services that require both labor and parts. Any repairs must be approved by the COR before the commencement of any work.

5.1.3 T&M Materials. The Contractor shall invoice all material at cost only.

5.1.4 T&M Funding. The T&M CLIN will be incrementally funded, not to exceed the ceiling price established upon award. The Contractor exceeds the currently funded amount at their own risk. Contractor shall be solely responsible for all costs incurred above the currently funded amount. The Contractor shall notify the COR upon reaching eighty

(80) percent of the funded T&M line-item amount to allow the Government to consider adding additional funding, if available.

6.0 Invoices. Invoices shall be submitted not later than 14 days after completion of services. Payment will be on a quarterly basis after certification by POC. This applies to both Preventative Maintenance and Emergency Services.

7.0 Special Requirements

7.1 Quarterly and Annual Inspection Reports. Contractor shall submit quarterly and annual inspection reports following the approved format and schedule as agreed upon in the Contractor’s accepted proposal. Inspection reports by 400 Hz converter are due on a quarterly basis to the COR NLT fifteen (15) days after the quarterly maintenance.

8.0 Performance Requirements

8.1 Quality Assurance/Rejection of Work. Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of the QASP- Quality Assurance Surveillance Plan (QASP) Attachment IV. This plan is primarily focused on what the Government must do to ensure that the CONTRACTOR has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s) (Reference Attachment IV - Quality Assurance Surveillance Plan -QASP).

The COR shall use the surveillance methods listed below in the administration of the QASP.

a. 100% inspection.

b. Feedback from customer.

Any indication of lack of quality workmanship on the part of the Contractor shall be sufficient grounds for TYAD to reject the work until the Contractor performs the required repairs to conform to the contract. There will be no additional costs incurred to TYAD for these services.

8.2 Ratings. Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used: Acceptable / Unacceptable.

8.3 Documenting Performance.

a. Acceptable Performance. The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

b. Unacceptable Performance. When unacceptable performance occurs, the COR shall inform the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the Contractor's program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor must present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

8.4 Frequency of Measurement.

a. Frequency of Measurement. During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings. The COR shall meet with the Contractor quarterly to assess performance and assessment.

9.0 Other Considerations.

9.1 Environmental. Protecting the environment is a priority at Tobyhanna Army Depot. To ensure that this is accomplished, policies and procedures are in place to cover spills, air quality, hazardous materials, and other environmental areas of concern. Contractors working at Tobyhanna Army Depot need to be familiar with and comply with the established policies and procedures. Specific questions, concerns, and clarifications are to be directed to the COR.

9.1.2 Safety Reference - Contractor Safety Standards for TYAD are attached at the end of this document.

9.1.3 ISO 45001. TYAD is an Occupational Safety and Health Administration (OSHA) ISO 45001 site. Accordingly, TYAD expects and requires full Contractor compliance with all applicable safety regulations and standards. The Contractor is responsible for maintaining, monitoring, and enforcing full compliance.

9.1.4 OSHA Rules and Regulations. Contractors must comply with all Department of Labor and OSHA Rules and Regulations, 29 Code of Federal Regulations (CFRs) 1910 (General Industries), and/or 1926 (Construction), and all applicable sections of the National Fire Protection Association (NFPA) Codes.

9.1.5 OSHA Fall Protection. Regarding OSHA Fall Protection requirements, the following shall be noted. Personnel performing any type of construction (29 CFR 1926) or general industrial work on elevated surfaces or platforms, over 6 feet, must adhere strictly to Occupational Safety and Health Standards, specifically 29 CFRs, Part 1926, Sections 500, 501 and 502.

9.1.6 Standards for Electrical Safety. Particular attention is directed to NFPA 70E, Standard for Electrical Safety Requirements for Employee Workplaces. Contractor shall fully comply with all sections of this standard, including but not limited to; PART I, Chapter 2 - Ground Fault Protection for Personnel on Construction Sites, PART I, Chapter 3-7.1 - Use of Flexible Cords and Cables, PART II, Chapter 2-3 - Working on or Near Electrical Conductors or Circuit Parts, PART II, Chapter 5 - Lockout/Tagout Practices and Devices.

9.1.7 Safety Video. All Contractors are required to view a Government Furnished Safety Video prior to any work performed on the Depot.

9.1.8 Personal Protective Equipment. All standard Personal Protective Equipment (PPE) required shall be provided by the Contractor at Contractors expense. Standard PPE includes but is not limited to protective eyewear, hearing protection, and safety shoes. Notwithstanding, the Contractor is responsible for determining the adequacy of the identified PPE and for determining the need for any additional PPE.

9.1.9 Accident Reporting. All accidents resulting in injury of any type shall be immediately reported to the COR, Contracting Administrator, and the Contracting Officer.

10.0 Pre-Work Conference. Prior to the initiation of any work under this contract, the Contractor shall meet with the Contracting Officer Representative (COR) at a time, date, and location established by the COR for the purpose of coordinating the initiation of work.

11.0 Converter Locations. The following page lists the 400 Hz converters to be covered under this contract, including the buildings and converter characteristics.

12.0 TYAD SECURITY REQUIREMENTS

Security Clearance/Access Requirements. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Contracting Officers Representative (COR), a roster of all Contractor personnel, inclusive of on-site supervisory or managerial personnel and sub- Contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). Due to limited availability of Government personnel, Contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the Contractor’s on-site workforce. All non-resident/non-immigrant aliens must have approval prior to being permitted access to TYAD. Such approval must be obtained by requesting access through the following: apply at the alien resident’s embassy; proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S. Communications - Electronics Command (CECOM); proceed to TYAD. All non-resident/non-immigrant aliens granted access to TYAD or assigned duty location are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.

Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration. The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant): a) a copy of a verifiable form of identification, such as a driver’s license or a passport; and b) a copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card (“Green Card”). Contractors who fail to identify all resident aliens (immigrants) who will be used for onsite performance and who will seek access to TYAD or assigned duty location as a worker for or through the Contractor, inclusive of managerial and subContractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies.

Within five (5) workdays of the submission of the roster and documentation, and ELTY Form 648-C, the Government will have completed the security check and the Contractor will be notified whether all listed personnel will be permitted to work on-site. However, actual access to TYAD by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card (“Green Card”) in addition to at least one other verifiable form of identification.

The roster which the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or “backup” personnel in the original roster to avoid delays due to roster amendment. 9.5.5 TYAD will perform security screening of all Contractor employees, inclusive of subContractor personnel that the Contractor anticipates will be performing work on-site, performing at TYAD and for any other representative/employee before a TYAD badge or TYAD site badge is issued. Any Contractor employee(s) already on site who have not been screened or employees who are on site in transition to this Task Order will be subject to security screening as scheduled by TYAD. This security screening does not relieve the Contractor of the responsibility to conduct thorough pre-employment background checks and drug screening if required. Applicable forms will be provided to the Contractor for completion by the Contractor and Contract worker. Contractor workers will not be granted access to the worksite until security screening is completed and access is approved. Any workers on site who fail screening will not be permitted further access to TYAD.

Contractors whose personnel are denied entry to TYAD or assigned duty location due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any Contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

If work requirements dictate that Contractor personnel require access to secured locations/buildings, it is the responsibility of the Contractor to coordinate with the COR to obtain the escort(s) required and any associated elevated security clearances.

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):

_____ During FPCONs Charlie and Delta, [XXX] services are discontinued. [XXX] 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 always carry proper identification. 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:

https://www.jcs.mil/JKO/ 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.

iWATCH Army Training. The Contractor and all associated sub-Contractors shall brief all employees on the local iWATCH Army Program. This will consist of utilizing the tools and media products on the informational iWATCH Army website to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/POC. The iWATCH training is available at the following website:

https://www.youtube.com/watch?v+vlzYhQp7fPw

Select Family Programs and Services, in the drop down boxes select: Go To, iWATCH Army –“See Something, Say Something”. The Contractor shall notify the COR/POC within 10 calendar days of review of the information on the website for any new employees or subContractor personnel to assure the ELTY form 583 or Contractor equivalent is properly documented. Completion of Contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or Contractor equivalent.

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/CONTRACTOR at least ten days prior to the expected visit date for completion. The Contractor/CONTRACTOR 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 the required fields on the form shall be completed accurately by the Contractor/CONTRACTOR 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.

https://www.youtube.com/watch?v+vlzYhQp7fPw

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 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…