Attachment 1-Performance Work Statement dated 13 August 2024.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Commercial Internet Services

13 August 2024

1.0 General:

1.1 Scope: The contractor shall provide all management, tools, supplies, equipment, and labor necessary to operate and maintain 35MB upload speed and 1GB download speed Internet Service with no throttling and provide customer support for outages and repairs as well as an additional connection that provides 35MB upload speeds and 1GB download speeds with no throttling and provide customer support for outages and repairs.

1.2 Commercial Internet Service are needed to supplement the current network in supporting Ready Airman Training (RAT) at Biddle ANGB and to supplement the current network. The required training is primarily virtual and creates elevated levels of traffic on the network due to significant quantities of audio and visual streaming.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year of 12 months with four (4) 12-month option periods and one (1) 6-month option period.

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will 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 acceptable quality level(s) or defect rate(s).

1.4.2 Security Requirements: The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety, and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2.1 Contractor shall adhere to current installation security policies. Comply with all Biddle ANG security requirements imposed by the installation commander at all times while on the premises to include not using cell phones while operating a vehicle on base. Obtain necessary access privileges required to enter Biddle ANG. 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 shall only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. Security regulations will be available to the contractor by request.

1.4.2.2 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

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

1.4.2.3 Protection of Personally Identifiable Information (PII). The contractor shall protect all PII encountered in the performance of services in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose PII has been compromised.

1.4.3 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the Contracting Officer. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the Contracting Officer Representative (COR), to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the Contracting Officer. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.4. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17

1.4.5 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services on these days:

New Year’s Day: January 1st Martin Luther King, Jr.’s Birthday President’s Day Memorial Day Juneteenth National Independence Day: June 19th Independence Day: July 4th Labor Day Columbus Day Veteran’s Day: November 11th

Thanksgiving Day Christmas Day: December 25th

1.4.6 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will 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 acceptable quality level(s) or defect rate(s).

2.0 Definitions and Acronyms:

2.1 Definitions:

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

2.1.2 Contracting Officer (KO): A person with authority to enter into, 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.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will 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.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.2 Acronyms:

AEI Army Enterprise Infrastructure

AR Army Regulation

AT/OPSEC Antiterrorism/Operational Security

BI Background Investigation

CM Contract Manager

CMRA Contractor Manpower Reporting Application

COR Contracting Officer Representative

DA Department of the Army

DD254 Department of Defense Contract Security Classification Specification

DFARS Defense Federal Acquisition Regulation Supplement

DoD Department of Defense

FAR Federal Acquisition Regulation

GFP/M/E/S Government Furnished Property/Material/Equipment/Services

HQDA Headquarters, Department of the Army

HSPD Homeland Security Presidential Directive

IA Information Assurance

IS Information System(s)

KO Contracting Officer

NG National Guard Bureau

OCI Organizational Conflict of Interest

PII Personally Identifiable Information

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

SSN Social Security Number

TE Technical Exhibit

USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will not provide any equipment, fuel, personnel, utilities or facilities to the contractor for the execution of this contract.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements:

5.1 Connection 1: The contractor shall provide standard commercial internet service to connect to the worldwide web at Biddle ANG Base. The contractor shall provide a download speed of at least 1G and an upload speed of at least 35MB. The service established shall have unlimited data usage with no data throttling.

5.1.1 Sustainment and Customer Support. The contractor shall provide sustainment of commercial internet service and provide customer support for any outages or repair services. The contractor shall return service to the customer within two working days once notified by the Government Point of Contact (GPOC). Extensions may be granted by the government if delays are caused by factors beyond the contractor’s control. The Contractor shall notify the GPOC of the nature of the outage and when the services will be restored.

5.2 Connection 2: The Contractor shall provide standard commercial internet service to connect to the worldwide web at Biddle ANG Base. The contractor shall provide at least 1GB download speeds and an upload speed of at least 35MB. The service established shall have unlimited data usage with no data throttling.

5.2.1 Sustainment and Customer Support. The contractor shall provide sustainment of commercial internet service and provide customer support for any outages or repair services. The contractor shall return service to the customer within two working days once notified by the Government Point of Contact (GPOC). Extensions may be granted by the government if delays are caused by factors beyond the contractor’s control. The Contractor shall notify the GPOC of the nature of the outage and when the services will be restored.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

The Government has the right to inspect all tasks within the PWS, not just the Performance Objectives (POs) listed below. Performance Ratings: E – Exceptional, VG – Very Good, S – Satisfactory, M - Marginal, U – Unsatisfactory

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

5.1

Download Speeds

The contractor shall provide a download speed of 1GB, or higher

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted during inspection

S: No more than two

(2) discrepancies noted during inspection

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted during inspection

Periodic Inspection / COR

5.1

Upload Speeds

The contractor shall provide an upload speed of 35MB, or higher

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted during inspection

S: No more than two

(2) discrepancies noted during inspection

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted during inspection

Periodic Inspection / COR

5.1

Data Usage

The service established shall have unlimited data usage with no data limits.

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted during inspection

S: No more than two

(2) discrepancies noted during inspection

Periodic Inspection / COR

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted during inspection

5.2

Download Speeds

The contractor shall provide a download speed of 1GB, or higher

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted during inspection

S: No more than two

(2) discrepancies noted during inspection

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted during inspection

Periodic Inspection / COR

5.2

Upload Speeds

The contractor shall provide an upload speed of 35MB, or higher

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted during inspection

S: No more than two

(2) discrepancies noted during inspection

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted during inspection

Periodic Inspection / COR

5.2

Data Usage

The service established shall have unlimited data usage with no data limits.

E: No discrepancies noted

VG: No more than one

(1) discrepancy noted

Periodic Inspection / COR

S: No more than two

(2) discrepancies noted during inspection

M: No more than three

(3) discrepancies noted inspection

U: > Three (3) discrepancies noted