Attachment_0001_-_Performance_Work_Statement_(PWS)_Amendment_0003.pdf

W52P1J-18-R-0011

Attachment 0001 - Performance Work Statement: SECURITY MINISTRIES OF AFGHANISTAN ADVISORY PROGRAM

Acquisition Sensitive - For Official Use Only

PERFORMANCE WORK STATEMENT (PWS)

FOR

SECURITY MINISTRIES OF AFGHANISTAN ADVISORY PROGRAM

DATED: 22 August 2018

PART 1 GENERAL

1.1 SCOPE

The U.S. Government (USG) Combined Security Transition Command – Afghanistan (CSTC-A) has a requirement for continued in-depth functional and programmatic Contractor support to train, advise, and assist the Ministry of Interior (MoI) and the Ministry of Defense (MoD), and other security institutions as identified by Resolute Support Headquarters (HQ). Contractor personnel shall possess and demonstrate advisor and mentor minimum qualifications drawn from prior experience across traditional military and governmental staff functions, and at skill levels of increasing experience.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform dedicated in-depth security assistance training, advising, subject matter expertise, assistance, and programmatic support to this program in order to assist the MoI and MoD in assuming full responsibility Afghanistan’s own self-sustainable security needs as defined in this performance work statement (PWS). The Contractor shall be responsible for ensuring it has enough manpower to sufficiently execute the appropriate level of security escorts as required by in-country Operations Security (OPSEC)/force protection requirements. The Contractor shall be flexible enough to handle surges in support of additional personnel, yet be prepared to support downsizing where needed or directed in order to support the NATO / Resolution Support (RS) training, advising, and assisting mission. The Contractor shall comply with all USG and Host Nation laws, regulations, policies, procedures, and guide lines (e.g. the US-AFGHAN Compact, Bilateral Commitment letters), in the performance of this PWS, unless otherwise stated.

As of September 2015, all companies operating in Afghanistan are required to have a business license issued by the Afghanistan Investment Support Agency. Licenses are valid for three years and the cost varies based on the type and size of the contractor’s business. Please utilize the following link:

https://www.acq.osd.mil/dpap/pacc/cc/Contracting%20in%20Afghanistan%20- %20BSA%20and%20SOFA%20Overview.pdf

1.2 BACKGROUND

This contract is a follow-on effort, which combines the Afghanistan National Army and Afghanistan National Police training, advising, and assisting efforts. CSTC-A has an ongoing requirement for experienced Contractors to train, advise, and assist the MoI and MoD per published security assistance plans that specify objectives, milestones, and specific and implied tasks. This program synchronizes development of MoI and MoD managerial and operational systems across the Directorates and Branches necessary for success. The program focus is on building organizational capacity and capability at all levels within the MoI and MoD in a program that synchronizes the development of management and operational systems essential to enabling the MoI and MoD to independently plan, program, and manage their National Army and Police Forces. Success for this effort will be defined as an independent and sustainable MoI and MoD.

1.3 PERIOD OF PERFORMANCE

The contract will consist of a one year base, with four, one-year option periods. The period of performance will also include a six-month evaluated option period in accordance with (IAW) under Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services.

1.4 HOURS OF OPERATION

The Contractor shall work the hours IAW Technical Exhibit 5 with specific schedules coordinated through the Contractor program manager and within specific requiring activity’s staff. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5 RECOGNIZED HOLIDAYS

The Contractor is required to perform services on all Federal (U.S.) holidays if such a holiday falls on a scheduled workday. Host Country Nationals (HCNs) are entitled to take additional holidays IAW Afghan labor laws.

U.S. Holidays:

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

Host Country Nationals Holidays:

New Year’s (1 day) Prophet’s Birthday (1 day) The Victory Day of Islamic Revolution (1 day) Independence Day from USSR (1 day) Independence Day from Britain (1 day) Masood’s Day (1 day) Parliamentary Elections (1 day) 1st Day of Ramadan (1 day)* Eid Days (3 days) Bid Eid (3 days) Ashura Day (1 day) *Note: Ramadan working hours during Ramadan are established locally.

1.6 PLACE OF PERFORMANCE

The work to be performed under this contract will be performed at various locations throughout Afghanistan, including coalition and U.S. and MoI and MoD facilities bases. Specific locations may vary and may be co-located anywhere MoI and MoD forces are stationed.

1.7 GENERAL INFORMATION

Note: Contract deliverables are detailed throughout the PWS and labeled as (D00X).

1.8 QUALITY CONTROL PLAN

The Contractor shall develop and maintain a Quality Control Plan (QCP) to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures itself that work complies with the requirement of the contract. The QCP shall be provided 10 days after award and be approved by the Contracting Officer (KO) and implemented prior to the conclusion of the transition period. The Contractor shall receive the KO’s acceptance in writing of any proposed changes to the QCP throughout the contract period of performance. (D001) The Contractor shall comply with all USG and Host Nation laws, regulations, policies, procedures, and guide lines (e.g. the US-AFGHAN Compact, Bilateral Commitment letters), in the performance of this PWS, unless otherwise stated.

1.9 QUALITY ASSURANCE

The USG has the right to inspect, test, and evaluate the Contractor’s performance at all places and times during the performance of the contract. Neither the Contractor nor any of its subcontractors shall limit or hinder the Government’s access. At its discretion, the Government may or may not notify the Contractor in advance of any inspections.

1.10 CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA)

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under the contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefiting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMRA website. (D010)

1.11 NON-PERSONAL SERVICES

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the KO immediately.

1.12 SECURITY REQUIREMENTS

1.12.1 FACILITY CLEARANCE

The Contractor shall have a SECRET Facility Clearance, IAW DoD Directive 5220.22-M, National Industrial Security Program Operational Manual. The security requirements are IAW the attached DD254.

1.12.2 SECURITY CLEARANCE

Specified Contractor personnel performing work under this contract shall have a final (not interim) DoD SECRET Level Security Clearance before their deployment, and must maintain the level of security required for the life of the contract. The security requirements are IAW the attached DD254. The DD254 form is located at http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf

1.12.3 OPSEC PLAN

The Contractor shall develop and maintain an effective OPSEC plan. The OPSEC plan is to be delivered to the KO and Contracting Officer Representative (COR) within 10 days after contract award for review and approval. The Contractor shall have its approved OPSEC Standing Operating Procedure (SOP)/Plan reviewed, signed by the appropriate USG OPSEC officer and to the KO within 60 days of award. The Contractor shall implement OPSEC measures as directed by local authorities and regulatory guidance.

The Contractor shall appoint a certified Level II OPSEC coordinator per Army Regulations (AR) 530-1.

The Contractor shall update the OPSEC plan as changes occur or at least once a year and 30 days prior to the exercise of an option. (D002)

1.12.4 BACKGROUND CHECKS

For United State Nationals (USNs), the Contractor shall ensure employees have the applicable background checks and security clearances, as required, at the appropriate levels and IAW DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and AR 25-2, Information Assurance. If a favorable determination is not rendered, the candidate shall not be hired under this contract.

1.12.5 HOST COUNTRY NATIONALS (HCN)

The Contractor shall ensure all HCN’s meet all security requirements IAW Resolute Support Head Quarters (HQ) SOPs, Fragmentary Orders (FRAGOs), and Instructions. The established process shall include requirements to grant access to bases and systems needed to support performance required by and in support of the supported ANDSF organizations. If a favorable determination is not rendered, the candidate shall not be hired under this contract. If already hired, their service under this contract shall be immediately terminated. The USG shall be immediately notified within 24 hours of such terminations.

1.12.6 PHYSICAL SECURITY

The Contractor shall be responsible for safeguarding all USG equipment, information, and property provided for Contractor use. At the close of each work period, USG facilities, equipment, and materials shall be secured.

1.13 KEY , KEY CARD, AND BADGE CONTROL

All Contractor personnel needing access to Coalition bases shall be required to obtain and maintain the appropriate identification badge in the performance of this service. The Contractor shall establish and implement procedures to ensure all keys, key cards, identification (ID) badges and security badges issued to the Contractor by the USG are not lost or misplaced and are not used by unauthorized persons.

No keys or badges issued to the Contractor by the USG or Coalition forces shall be duplicated. The Contractor shall include key, key card, and badge control procedures into the QCP. Such procedures shall include turn-in of any issued keys, key cards, and badges by personnel who no longer require them.

The Contractor shall immediately report any occurrences of lost or duplicate keys, key cards, ID’s and security badges to the KO and COR.

If keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the USG, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks, master key, or re-keying is performed by the USG, the total cost of re-keying or the replacement of the lock or locks shall be determined by the KO.

The Contractor shall prohibit the use of USG issued keys, key cards, ID badges, or security badges 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 COR.

1.14 LOCK COMBINATIONS

The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall change all lock combinations 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.

1.15 COUNTER AND ANTI-CORRUPTION PROGRAM PLAN (C/ACPP)

It is a fact that management of procurement resources by Afghan National Defense and Security Forces has been complicated by fraud and corruption at every organizational level. Contractors are frequently asked to participate in fraudulent and illegal schemes, or to falsify documents in support of corrupt public officials. Such illegal activity undermines the rule of law in Afghanistan and can have grave consequences for the defense of the nation.

In order to fight against this endemic problem, the Contractor shall institute an C/AACPP that holds public officials and their employees accountable for their illegal activities. The goal of the anti-corruption program is to identify corrupt public officials and individuals, expose their wrongdoing, and bring them to justice through the appropriate civil and criminal authorities of the Government of the Islamic Republic of Afghanistan.

Contractor personnel who willingly participate in such activities, or initiate such activities, are themselves corrupt. Contractors who uncover activities by employees must take appropriate actions toward the employee and report the activities to the appropriate Afghan authoritiesUSG via the COR and applicable NATO and/or military authorities. The activities of the employee and actions taken by the company must be reported to the U.S. Government. However, Contractor personnel who are coerced into corrupt activities by Government actors, but who timely report such coercion to appropriate USG authorities; will not have adverse contract action taken against them if the reports are truthful, complete, and accurate.

When implemented, the program must provide for immediate incident reporting of any attempt by a public official to improperly influence contract performance, or to require payment of any fee, bond, toll, or bribes to the contracting officer. The program shall also provide mechanism for reporting any attempt by an employee to offer any payment, gift, or incentive with the intent to influence a public official. The program must also provide for initial and regular refresher training for all Contractor personnel, so that every Contractor employee understands their responsibility to immediately report illegal behavior to Contractor supervisory personnel.

In addition to immediate incident reporting, the Contractor must provide a monthly report to the KO, Government Program Manager, and Quality Assurance Representative summarizing Anti-Corruption program activities undertaken during the previous month. The report is due no later than the fifth day of the month, and negative reports (no Anti-Corruption activities or incidents) are required. Reporting is a material term of the contract, and failure to report corrupt activities (e.g. solicitation or acceptance of a bribe or improper fee, etc.) will be considered a breach, and may be cause for complete contract termination. (D003)

1.16 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The KO, COR and other USG personnel, as appropriate, will meet periodically with the Contractor to review the Contractor's performance. At these meetings, the KO will apprise the Contractor of how the USG views the Contractor's performance and the Contractor will apprise the USG of problems, if any, being experienced. The Contractor shall take appropriate action to resolve outstanding issues. At the USG request, program management reviews (PMRs) may be requested with a two-week notice to the Contractor. The USG notice will provide required attendance and will minimize the need for international travel by the Contractor. In this event, the Contractor shall be provided with an agenda and will include information the Contractor is expected to brief at these events. The PMR’s may occur at least annually and no more than bi-annually.

1.17 CONTRACTING OFFICER REPRESENTATIVE (COR)

The COR(s) and/or Quality Assurance Representatives (QAR) will be appointed at time of contract award.

The COR(s) will monitor all technical aspects of the contract and assist in contract administration. The COR(s) will be authorized site entry of Contractor facilities for the purpose of contractual oversight as stated in their appointment letter. The COR(s) is not authorized to change any of the terms and conditions of the resulting contract. The KO has the overall responsibility for the administration of this contract. The KO alone, without delegation, is authorized to take actions on behalf of the Government:

interpret, amend, modify or deviate from the contract terms, conditions, requirements, specifications or details; approve progress schedules; issue stop work orders; issue final decisions regarding contractor claims or issues under dispute; and terminate the contract for the convenience of the Government or for default.

1.18 PERSONNEL

1.18.1 STAFF DEPLOYING FROM THE UNITED STATES (U.S.)

The Contractor shall select fully qualified candidates who possess the requisite technical skills, knowledge, and experience for this requirement IAW with Part 5 of this PWS. All key personnel must be able to obtain a SECRET clearance prior to deployment. All personnel must meet CENTCOM medical and fitness deployment standards. Contractors must abide by Afghan law and by U.S. laws, policies, regulations, and U.S. and Resolute Support orders. All Contractor civilians who will be armed for personal protection under this contract must have an individual weapons permit from the Ministry of Interior be in compliance with GIRoA regulations with regard to registering personnel and weapons.

Armed Contractor personnel must fulfill USFOR-A Armed Contractor Oversight Directorate (ACOD) requirements, including but not limited to weapons qualification requirements, and must abide by the Rules for the Use of Force (RUF). The Contractor will acknowledges the distinctions between Rules of Use of Force and the Rules of Engagement (ROE), as ROE are only applicable to U.S. military forces.

1.18.2 HOST COUNTRY NATIONALS (HCN) OR THIRD COUNTRY NATIONALS (TCN)

The Contractor shall staff fully qualified candidates who demonstrate an aptitude for providing service in the challenging Afghanistan environment. The Contractor shall establish a selection and assessment process that gauges technical skills, knowledge, experience, and readiness for participation in the Afghanistan mission IAW the minimum qualifications listed in Part 5 of this PWS.

The Contractor is responsible for ensuring all personnel supporting this requirement comply with the standards of conduct and all applicable terms & conditions of this contract. The Contractor shall be fully aware of and skilled in insurgency and infiltration and take appropriate steps to prevent internal sabotage or harm to the mission. The Contractor shall provide the necessary supervision for personnel required to perform this contract.

1.18.3 DEFINED POSITIONS

A written notification will be received from the KO if a position is required to be filled. The Contractor will have 60 days to fill the positon. For purposes of this PWS and any reports, the following terms shall have the meanings defined below:

a) ACTIVE is defined as a position that: 1) is either currently filled by a Full Time Equivalent (FTE), full-time contracted employee with billable hours; or the KO has provided written validation to fill the position within 60 days. Each scenario counts for the contract required 90% fill rate.

b) INACTIVE is defined as a position that is NOT currently filled by a FTE full-time employee with billable hours because 1) more than 60 days have passed from when the Contractor was notified to fill the position by the KO in which it will count against the contract required 90% fill rate, or 2) in the limited circumstances in which the Government has directed the Contractor to leave the position unfilled it shall NOT BE counted against the contract required 90% fill rate.

c) DESCOPE is defined as a position that the Government has determined is no longer required and the Contractor shall not backfill, bill hours or otherwise obligate the Government for any costs related to work of the position. The Contractor shall have 14 days from the date of the KO notification to remove the descoped FTE position.

d) MLOA is defined as a position that a FTE is on a Medical Leave Of Absence (MLOA) and will not count against the contract required fill rate.

1.19 60TH DAY FILL

Filling positions that are new positions incorporated into the contract or vacant positions: The Contractor will receive a written notification from the KO if a position is required to be filled, added, or frozen. The Contractor shall have 60 days to fill the positon so the authorization does not count as an overdue vacancy until the 61st day. A vacancy is considered filled once the contract employee reports in the Area of Responsibility (AOR) (boots on the ground). If the Contractor fills a vacant position with an existing employee from another position, the position left vacant will inherit the original vacancy’s fill time limit.

Example: Position 1 is left vacant and upon approval to backfill from the KO, the 60-day clock begins. On day 30, the Contractor fills Position 1 by hiring an existing employee from Position 2. The Contractor shall fill Position 2 within the remaining 30 days. The Contractor employee shall report to the assigned duty location no later than (NLT) the 61st day from the KO authorization to fill the vacant positon.

1.20 FILL RATE

The Contractor shall meet or exceed a 90% fill rate throughout the duration of the period of performance.

1.21 TURNOVER RATE

The Contractor shall meet or exceed employee retention rate of 97% (expressed as less than or equal to 3% turnover) each month for key personnel and all positions that are defined in this PWS (not to include interpreters/translators). For each month the Contractor falls below the 97% retention rate, a 10% reduction of payment will occur on the next billing period. Retention rate (turnover) will be calculated as: Number of resignations in the month divided by the number of FTE’s authorized by the PWS at the beginning of that same month = turnover rate.

1.22 MONTHLY MANPOWER REPORT

The Contractor shall submit a monthly manpower report summarizing the following minimum data elements:

a) Number of full time equivalents leaving the contract from the first day of the month to the last day of the month, Functional Organization (as defined in the PWS), Position Number (i.e. PWS Para number, Position Title, Name of individual who left, date individual left the contract, and reason why the individual left (i.e.

resigned, removed, medical, etc.);

b) The number of authorized positions on the first day of the month and the number of authorized positions at the end of the month; and,

c) The number of positions filled at the first of the month and the number of positions filled at the end of the month. The report shall be cumulative month to month and reported by month. The report shall be in the Contractor’s format and compatible with Microsoft Excel for manipulation and trend analysis by the government. The format shall be approved by the KO. (D012)

1.23 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering USG 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 in the minds of members of the public that they are USG officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.24 OTHER DIRECT COSTS (ODC)

This category includes travel, reproduction, and shipping expenses associated with hiring, training, and deployment activities. It also includes life support functions in cases where the USG does not provide facilities and services outright at no charge to the Contractor.

The USG will reimburse ODC’s when approved by the USG and incurred by the Contractor in performance of this contract. These costs are Non-Fee Bearing and the Contractor shall obtain prior written approval from the KO for all costs over $1,000 before making any purchases.

The Contractor shall obtain competition and purchase the lowest priced quote. If the Contractor wishes to purchase other than the lowest price, a written justification (as to why other than the lowest price will be purchased) is to be sent to the KO. For every purchase over $1,000, the Contractor shall provide all supporting documentation to the Government. Only actual costs for ODCs, that are supported with detail sufficient for the Government to verify valid are reasonable will be reimbursed.

The Army's Computer Hardware Enterprise Software and Solutions System (CHESS) is the mandatory source for all Army IT Hardware and Software, IAW AFARS 5139.101, regardless of dollar value.

Purchasers of commercial hardware and software must satisfy their IT requirements by utilizing CHESS contracts (even if it can be procured cheaper through a non-CHESS vendor). Purchasers include Government and Contractors. The only time a Contractor would not be required to purchase through CHESS/ESI is when they are buying something for their own personal use/management, i.e. their payroll software. If they are process a ITAS waiver. Additionally the purchase of any and all servers and data center equipment require a DoD or Army CIO approval prior to purchasing in the form of an approved ITAS waiver provided from the Contracting Office.

The Contractor shall obtain three quotes for all purchases over the current micro-purchase threshold identified in the FAR and purchase the lowest quote. The Contractor shall provide all supporting documentation including waivers, quotes and receipts to the Government, and obtain written approval from KO prior to making any purchases.

Any property purchased under the ODC CLIN shall become Government property IAW the clauses in the

1.25 CONTRACTOR TRAVEL

Contractors may be required to travel to places outside Afghanistan, including CONUS, and within the theater during the performance of this contract to attend meetings, conferences, and training. The Contractor will be authorized travel expenses consistent with all provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All official temporary duty (TDY) travel requires KO approval/authorization in advance as well as advance notification to the COR.

1.26 DATA RIGHTS

The USG 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 delivered to the USG at the end of the contract for transfer to the Government of the Islamic Republic of Afghanistan (GoIRA), with all rights and privileges of ownership/copyright belonging exclusively to the GIRoA IAW with the caluses in the contract. These documents and materials may not be used or sold by the Contractor without written permission from the KO.

1.27 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary information which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and at that time the Contractor shall be required to submit a mitigation plan within five days to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may enact other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements, which may be affected by the OCI.

(D004)

The Contractor agrees that if it assists in the preparation of non-developmental specifications or of work statements for a system or services under this Contract, or assists in the development of acquisition strategies or evaluation criteria or otherwise provides acquisition support under this Contract, it will not be allowed to furnish these items or services, either as a prime Contractor, a sub-Contractor or as a consultant (FAR 9.505-2).

The Contractor agrees that if it gains access to proprietary data of other companies, it will protect such data, and it will not use such proprietary data in supplying systems or components in future competitive procurements (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this Contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies, which it will enter into an agreement with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

The Contractor agrees that it will not distribute reports, data or information of any nature arising from its performance under this Contract, except as provided by this Contract or as may be directed by the KO.

The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors.

The Contractor agrees that it will include the above provisions, including this paragraph, in agreements with teaming partners, consultants, or sub-Contractors at any tier, which involve access to information covered above. The use of this clause in such agreements shall be read by substituting the word "teaming partner," "consultant," or "subcontractor" for the word "Contractor" whenever the latter appears.

1.28 TRANSITION PHASE-IN AND PHASE-OUT PERIODS

Under performance of this PWS the Contractor will be responsible for phase-in and phase-out transition planning and management. The Contractor shall have personnel on board, during the transition periods in order to minimize any decreases in productivity and to prevent possible negative impacts on additional services.

1.29 TRANSITION PHASE-IN

The Contractor shall begin the phase-in efforts immediately upon receipt of Notice to Proceed from the USG. The Contractor shall provide a Phase-in Transition Plan 10 days after contract award (D007). In this plan, the Contractor shall describe how it will seamlessly phase in personnel staffing and support and transition responsibility from the incumbent Contractor so that no delay or down time is experienced during the not-to-exceed 90-day transition period. The plan shall identify risks, mitigation activities, milestones, and responsible individual(s) associated with each transition task.

The plan shall address the following:

a) SCHEDULE. Provide a schedule (Gantt chart format) representing milestones, recruitment efforts, training, and responsible individuals associated with each transition task, etc.

b) CONTINUITY OF SERVICE. Discuss phase-in and demonstrate the ability to be fully staffed and operational by the start date of the contract. Address how the Contractor shall ensure critical services are not disrupted during the changeover.

c) VEHICLES AND SUPPLIES. Discuss Vehicles and supplies necessary to effectively accomplish contractual tasks shall be obtained during phase in and ready for use at the end of the transition period.

d) STAFFING AND TRAINING. Contractor staffing positions shall be filled during the phase-in period.

Training shall be provided to staff, as necessary, to ensure readiness to commence actions required by the PWS.

e) SAFE HOUSES. Address safe house requirements to accomplish phase-in activities, beyond what is to be provided by the Government, if any.

f) DEPENDENCIES UPON THE INCUMBENT. Describe the dependencies on the incumbent Contractor and expected extent of involvement of USG personnel.

g) PROPERTY TRANSFER. Address how Contractor will coordinate with incumbent and Government to conduct a 100% inventory and transfer property. See attachments 0005 and 0006: Government Furnished Property List.

- AFGHANISTAN BUSINESS LICENSE. Discuss approach to ensure proper, timely requisition/issuance of (as required): Afghanistan visas (in accordance with Afghanistan Presidential Decree 38, and Afghanistan Business License (must be obtained prior to completion of phase-in). The Afghanistan Business License must be issued in the prime contractor’s name.

1.30 TRANSITION PHASE-OUT

A Demobilization Plan shall be submitted IAW DFARS 252.225-7997 Contractor Demobilization (Deviation 2013-O0017) August 2013, (http://www.acq.osd.mil/dpap/policy/policyvault/USA004314-13- DPAP.pdf) (D008).

1.31 PERSONNEL CONDUCT

The Contractor shall document and hold accountable all employees and subcontractors to a comprehensive ethical code of conduct. Reference FAR 52.203-13, Contractor Code of Business Ethics and Conduct.

1.32 INTOXICANTS & DRUGS

General Order 1. All Contractor employees shall be subject to U.S. laws, particularly when it comes to illegal or unauthorized substances or items. Accordingly, the Contractor shall establish and enforce an aggressive substance abuse screening program (AR 600-84, as a minimum) at all sites with random testing performed continuously and 100% testing at least once every 6 months. The results of all drug testing (negative and positive) must be presented to the COR in a monthly report. Any individual with a confirmed positive report shall be dismissed from both duty and Afghanistan. General Order 1 applies to all individuals performing under the contract

1.33 PROSECUTION & MEJA

Under the "Military Extraterritorial Jurisdiction Act" (MEJA) (18 USC 3261-3267), persons employed by or accompanying the U.S. Armed Forces outside the United States are subject to prosecution for certain criminal acts occurring outside the United States. MEJA applies only to those crimes punishable by imprisonment for more than one year if committed within United States special maritime and territorial jurisdiction. In the Afghan theater, MEJA may be used to prosecute individuals who are employed by the U.S. Armed Forces, by a DoD Contractor or sub-Contractor at any tier, or by another federal agency or Contractor or sub-Contractor of another federal agency to the extent such employment relates to supporting the mission of the DoD overseas. The law also applies to dependents of a DoD Contractor or sub-Contractor employee. It does not apply to nationals or ordinary residents of host nations. This law authorizes DoD law enforcement personnel to arrest suspected offenders in accordance with applicable international agreements and specifies procedures for the removal of accused individuals to the USG. It also authorizes pretrial detention and the appointment of counsel for accused individuals. See Army Field Manual 3-100.21, Contractors on the Battlefield and DoD Instruction 5525.11, Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members.

The Contractor shall comply with all notification requirements of DoD Instruction 5525.11, and attention is drawn to sections 5.6.2 and 5.6.3 of that Instruction. The Contractor shall maintain a copy of each employee's written acknowledgement of receipt of the notification and have this available for the COR upon request.

1.34 FIREARMS

The Contractor must abide by Afghan law and by US laws, policies, regulations, and US and Resolute Support orders. All Contractor civilians who will be armed for personal protection under this contract must be in compliance with GIRoA regulations with regard to registering personnel and weaponshave an individual weapons permit from the Afghan Ministry of Interior. The Host Country National shall not be armed.

Armed Contractor personnel shall fulfill USFOR-A Armed Contractor Oversight Directorate (ACOD) requirements, including but not limited to weapons qualification requirements, and must abide by the Rules for the Use of Force (RUF). The Contractor acknowledges the distinctions between Rules of Use of Force and the Rules of Engagement (ROE), as ROE are only applicable to US military forces.

The Contractor shall also abide by the Security and Defense Cooperation Agreement (SDCA) between the USG and GIRoA; and by all applicable Afghan Law and U.S., theater laws, regulations, policies, and orders (Including, but not limited, to DoDI 3020.41 & USFOR-A FRAGO 16-143 MOD 1 or superseding

FRAGO.

The Contractor shall ensure all employees designated to carry firearms under this Contract qualify in accordance with applicable qualification standards.

The Contractor shall submit qualification requirements for approval to the USG PMO and COR.

Unsatisfactory employee qualification results shall be reported to the COR.

The Contractor shall review this process and make needed process improvements with COR approval.

The Contractor shall comply with or all follow-on organizational requirements and applicable Afghan law when using or operating a live firing range in Afghanistan. Questions related to firing range usage shall be addressed to the COR for scheduling routine weapons training for security personnel.

The Contractor shall comply with the provisions of the Lautenberg Amendment, which prohibits any person convicted of a crime involving domestic violence from possessing firearms. The Contractor is responsible to conduct the appropriate criminal and financial background checks to ensure all employees meet the legal requirements to carry firearms.

Person(s) requesting arming shall have a SPOT-generated letter of authorization (LOA) with the authorized weapon service selected and approved by the KO/COR in addition, the individual’s weapon type and serial number, if known, shall be registered in SPOT per DODI 3020.50; this registration is the responsibility of the prime Contractor for its employees and subcontractors. Weapon authorizing activities should check individual records in SPOT to ensure the Contractor’s LOA is valid prior to issuing the weapons card.

1.35 ACCIDENTS AND INCIDENTS REPORT

All incidents shall be reported to the KO and COR in accordance with AFARS 5152.225-5915, Accountability and Personnel Recovery and USFOR-A FRAGO 16-143 (D005).

1.36 CONTRACTOR REPORTING

PERSONNEL STATUS REPORT (PERSTAT) (D009)

A PERSTAT shall be submitted daily for each position associated with the contract, including subcontract positions and personnel. The report shall be in the Contractor’s format and be compatible with Microsoft Office Excel™ for manipulation. If the position is not filled then it shall be labeled one of the categories as identified in paragraph 1.18.3 in the “Contractor Name” field.

The report shall have the following minimum information:

a) Contractor Name

b) Hire Date

c) Gender

d) E-mail

e) Phone

f) Nationality (USN, HCN, TCN)

g) If a subcontractor, Subcontractor Company Name

h) Supported organization (i.e. Directorate, Branch, etc.)

i) Assigned PWS paragraph No

j) Position title

k) Position Category: Program Manager (PM); Deputy Program Manager (DPM); Security Manager

(SM), Mentor/Advisor (M), Senior Advisor (S), Advisor (A), Technical Advisor (T), Program Manager Host Country National (PM HCN), Host Country National (HCN), Interpreter/Translator Level 1 (IT-1), Interpreter/Translator Level 2 (IT-2)

l) Work location,

m) Housing location

n) Current location

o) Arming authorized (Y/N)

p) Armed (Y/N)

q) Resolute support badge number

r) Resolute support badge expiration date (if applicable)

s) VISA expiration date

t) Pivot Table on all columns if done in Excel. If provided in some other type of data report, must be able to sort, group and sub-group by data elements.

CONTRACTOR INDEPENDENT PROGRESS REPORT (D011)

a) All Advisors, Mentor Advisors, Technical Advisors and Project Managers shall provide a weekly progress report to their respective Requirement Owner addressing the following:

i. The Mentor and Advisors accomplishments in accordance with their PWS requirements and/or the organization’s plan of action on milestones;

ii. TAA engagements held including the ANDSF member name and title and approximate hours spent in these engagements;

iii. ANDSF progress towards an independent ANDSF;

iv. Plan of action for the coming week towards PWS requirements and/or the organization’s plan of action and milestones;

v. Lessons learned and recommendations for improvements to the TAA approach;

vi. Leave, company directed training or TDY’s anticipated within the next month of the report date that would cause the Contractor to be absent from the work site.

vii. The number of advisory missions not completed due to a lack of Guardian Angel/Escort support or security environment restrictions.

b) The format of the reports shall be standardized by the Contractor and approved by the KO. At a minimum the font type/size shall be Arial/10; with a ¼ margin at most. At the discretion of the requirement owner, the Contract Independent Progress Report may be waived in lieu of Post Meeting Minute data entry into the Advisor Ne2rk Tool (ANET) as required in specific positions defined in Part 5.

c) The Contractor Weekly Independent Progress Report shall be required whether specifically listed in the Duties section of each PWS Position Description unless otherwise waived by the Requirement Owner.

d) The Contractor shall provide a comprehensive weekly progress report summarizing all accomplishments in accordance with the PWS (D011). The progress report format shall be standardized by the Contractor and approved by the KO. At a minimum the font type/size shall be Arial/10; with a ¼ margin at most.

1.37 SUBCONTRACT MANAGEMENT

The prime Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime Contractor will manage work distribution to ensure there are no OCI considerations. Contractors may add subcontractors to their team after notification to the KO or COR.

PART 2 DEFINITIONS AND ACRONYMS

2.1 DEFINITIONS

CIVILIAN EQUIVALENT EXPERIENCE OR RELATED EXPERIENCE. Work experience in the private sector that is reasonably equivalent to a civil service position classification using handbooks found at www.opm.gov under Policy/Classifications & Qualifications.

CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the USG. The term used in this contract refers to the prime Contractor.

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

CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the USG appointed by the KO 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 PWS.

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

EDUCATION. Unless otherwise specifically stated in the position descriptions, when determining education applicability, the Contractor shall use OPM’s List of Occupational Series Guide (www.opm.gov) in determining the closest occupational series available that emulates the position description and defer to those positive education summations. For example, a “budget advisor” may most closely resemble the “Accounting and Budget/Accounting Series” where positive education requirements include course work in Business Administration, Finance, or Public Administration.

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.

MAJOR GOVERNMENT AGENCY/INSTITUTION. Means any agency governed by the Federal Acquisition Regulation for acquisition.

POSITION RELATED EXPERIENCE. Experience that resembles the position in the majority of the duties and essential qualification or prior experience in the same position with another agency or firm.

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

QUALITY ASSURANCE. The USG 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 into a contract with a prime Contractor. The USG does not have privity of contract with the subcontractor.

TASHKIL. Dari word meaning “organization.”

2.2 ACRONYMS

ADP Automated Data Processing AHRIMS Afghanistan Human Resource Information Management System AIAT Army Institutional Advisory Team ANA Afghanistan National Army ANATEC Afghan National Army Training and Education Center ANDSF Afghanistan National Defense and Security Forces ANP Afghan National Police AOR Area of Responsibility AR Army Regulation ARCIC Army Capabilities Integration Center ASI Afghanistan Security Institutions or Additional Skill Identifier AT Anti-Terrorism AT&L Acquisition, Technology & Logistics ATCTS Army Training Certification Tracking System BOG Boots on the Ground BOIP Basis of Issue Plans CAC Common Access Card CAGE Commercial and Government Entity CAP Contractor-Acquired Government Owned Property CCRC Combined Collection and Reporting Center CDD Capabilities Development Directorate CEC Contracting Enabler Cell, Camp RS CENTCOM U.S. Central Command CI Counter Intelligent CIS Computer Information System CLIN Contract Line Item Number CLS Combat Life Saver CMR Contractor Management Reporting COA Course of Action CONUS Continental United States (excludes Alaska and Hawaii) COP Common Operating Picture COR Contracting Officer Representative CoreIMS Core Inventory Management System CPR Command Plan Review CRC CONUS Replacement Center CSIRT Computer Security Incident Response Team CSTC-A Combined Security Transition Command –Afghanistan DB Database DA Department of the Army DAWIA Defense Acquisition Workforce Improvement DBA Defense Base Act DCOS Deputy Chief of Staff DD254 Department of Defense Contract Security Requirement List DFAC Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DM Deputy Minister DoD Department of Defense DoDD Department of Defense Directive DoDI Department of Defense Instruction OTMLPF Doctrine, Organization, Training, Materiel, Leadership, Personnel, & Facilities EF Essential Functions EFT Electronic Funds Transfer EPS Electronic Pay System ERP Enterprise Resource Planning EXSUM Executive Summary FAI Federal Acquisition Institute FAR Federal Acquisition Regulation FBI Federal Bureau of Investigation FFP Firm Fixed Price FPCON Force Protection Condition FPP Financial Planning Program FSC Federal Service Code GEOINT Geospatial-Intelligence GFP Government Furnished Property GIRoA Government of the Islamic Republic of Afghanistan HCN Host Country National HR Human Resource HRM Human Resource Management HRM-TAA Human Resource Management – Train, Advise, and Assist HUMINT Human Intelligence IA/IT Information Assurance / Information Technology IAW In Accordance With IC International Community ICCM Industry Certification in Contract Management ICT Information Communications Technology ID Identification IOF Intelligence Operations Funds…