W564KV-23-R-0003-00001 Amendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Refer to the continuation page for Amendment change details

1. CONTRACT ID CODE PAGE OF PAGES

1 55

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-Mar-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W564KV23R0003

X 9B. DATED (SEE ITEM 11)

15-Feb-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Mar-2023

CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

67657 KAISERSLAUTERN

GERMANY

W564KV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W564KV23R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

A0001 SUMMARY OF CHANGES

The purpose of this amendment is to incorporate the following changes to the solicitation to address questions from contractors:

1. Add Attachment 02 – RFP Questions and Answers

2. Revise PWS, now dated 7 March 2023, in accordance with Attachment 02 – RFP

Questions and Answers ///End of changes///

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR POST-SECONDARY PROGRAMS OF THE

U.S. ARMY, U.S. AIR FORCE, AND U.S. NAVY

IN EUROPE

7 MARCH 2023

PART 1

GENERAL INFORMATION

1. GENERAL This is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction. This non-personal services contract is established to provide post-secondary programs for the U.S. Army, U.S. Air Force, and U.S. Navy/U.S. Marine Corps in Europe.

1.2 Background. The Voluntary Education Programs of the U.S. Armed Forces in Europe have a need for instructional (post-secondary, credit and non-credit) programs. Outside of the Continental United States (OCONUS), education programs shall be operated in accordance with guidance from Department of Defense Instruction (DoDI) 1322.25; DoDI 1322.19; each Service appropriate regulations such as Army Regulation (AR) 621-5 Army Continuing Education

System (ACES) and Air Force Instruction (AFI) 36-2670 Total Force Development; and under the terms of this Tri-Services contract.

The Contractor providing post-secondary educational services leading to the awarding of degrees shall be regionally or nationally accredited by an agency recognized by the U.S. Department of Education (ED). A non-accredited academic institution or organization cannot claim accredited status solely because of any affiliation or arrangement with an accredited institution. The Contractors shall agree to sign the Department of Defense (DoD) Voluntary Education Partnership Memorandum of Understanding (MOU); and as necessary, additional MOUs with the U.S. Army, U.S. Air Force, and U.S. Navy/U.S. Marine Corps. These MOUs are located in Enclosure 3 of DoDI 1322.25.

1.3 Scope

1.3.1 The Voluntary Education Programs of the U.S. Forces in Europe have as their common mission the delivery and management of the widest range possible of high quality adult and continuing education programs normally available to the general public within the Continental United States (CONUS). These programs include post-secondary instruction, and include both credit and non-credit courses. Educational programs are listed in Attachment 1 Educational Programs.

1.3.2 Using an extensive infrastructure of military education centers, the Contractor shall provide accredited college instruction to Service members and other authorized students throughout European Command locations. The provided instruction, supported by student services, shall lead to the award of undergraduate and graduate degrees. Service locations for this contract are subject to change and may include any country within the European Command’s Area of Responsibility (AOR) as directed by the Command. The Contracting Officer (KO) is the only Government representative authorized to add performance locations to the contract. Service locations are listed in Attachment 2 Service Locations.

1.3.3 The Contractor is responsible for providing educational programs and required staff utilizing customarily accepted industry practices while also adhering to typical standards found in the commercial market place. The Contractor shall only offer those services, degrees, or certificate programs on U.S. military installations/bases that are specifically authorized in this contract. Per DoDI 1322.19, to receive Tuition Assistance (TA), Service members in the overseas duty location who are not already enrolled in a postsecondary academic institution may not receive TA unless they enroll in courses offered by contracted colleges and universities. All credit awarded under this contract for On-Site, Hybrid, or Online instruction shall be resident credit. Given the transient nature of military students, it is especially important that credits earned by students be portable to other educational institutions (EIs). Note: Service members may participate in distance education with any accredited institution; no restriction on that access is implied or authorized under this contract.

1.3.4 The Contractor shall maintain the same admission and graduation standards that exist for the same programs at the main administrative and academic office. The Contractor shall include credits from courses taken in the European AOR in establishing academic residency to meet degree requirements. The Contractor shall conduct courses that carry identical credit values, represent the same content and experience, and use the same student evaluation procedures as courses offered through the main campus.

1.3.5 The Contractor shall provide college level courses supporting the degree programs identified in Attachment 1 Educational Programs, to include:

a. Certificates and Credentials listed in Credentialing Opportunities On-Line (COOL)

b. Vocational/Technical programs leading to a 2-year degree

c. Lower and Upper Level Liberal Arts courses leading to award of Associate of Arts/Associate of Science and Bachelor of Arts/Bachelor of Science Degrees

d. Graduate courses leading to award of a Graduate Certificate or Master’s Degree

e. Ph.D. level courses including original research and dissertation

1.3.6 The Contractor shall support Service members pursuing competency based education (CBE) such as lower level Certificates (stackable degrees) and Credentials under the Services-specific programs (COOL) as they relate to the academic programs offered by the Contractor as part of this contract.

1.3.7 Service members’ participation in the degree programs shall be funded through military TA based on each Service policy, through the GI Bill, or funded individually by an eligible student.

The Government will not provide funding for student tuition for academic courses through this contract. TA funding used by Service members taking courses under this contract requires military Service approval via separate processes in accordance with each military Service education policy. The Contractor is not responsible for obtaining TA approval for Service members enrolled in courses under this contract.

1.3.8 The Contractor may offer free, in-person or virtual, non-credit community services courses, lectures, seminars or workshops without modification of this contract when approved by the COR prior to any commitment by the Contractor. The Contractor shall submit a Community Services Report by Academic Term to the COR no later than fifteen (15) working days after the end of the Academic Term. Refer to Technical Exhibit (TE) C Community Services Report by Academic Term. (Deliverable #1)

1.4 Objectives. The objective of this concession contract is to obtain instructional (post-secondary, credit and non-credit) programs needed to enable Service members and other eligible students to achieve their educational and vocational goals. This contract is not an obligation of funds, guarantee of program enrollments by DoD-associated personnel in an EI’s academic programs, or a guarantee of installation/base access. The Contractor shall ensure instructors are available to teach all awarded programs throughout the European theater. Each contract will be awarded to a single prime Contractor who shall be responsible for ensuring that all requirements of this Performance Work Statement (PWS), applicable to awarded Contract Line Item Number (CLINs), are satisfied.

The Contractor shall have the exclusive right to teach In-Seat and Hybrid courses on U.S.

military installations/bases within the geographical areas and for the degree programs covered by this contract. This exclusive right does not in any way limit the access of students on U.S.

military installations/bases to online (distance learning) education from any accredited U.S. EIs.

In-Seat class instruction is considered traditional education in a physical classroom located at the Education Center or other government facility on installation or base. An In-Seat course is delivered face-to-face, in real time, with a teacher and students together in a classroom or computer lab.

Hybrid instruction is a combination of In-Seat classroom instruction and Online instruction when at least 50 percent of the time instruction is delivered In-Seat and remaining portion through online (synchronous or asynchronous) or other means. When technology such as livestreaming is used for classroom interaction, students shall meet in a classroom and have live synchronous audio and video communication with the instructor and with other students in up to four connected classrooms. Instructors shall be in one of the classrooms with other students and, in the course of instruction, shall teach from all classrooms. For the purpose of this contract, livestreamed instruction qualifies as Hybrid.

The delivery format that is enhanced by technological advances not currently in use or known will be considered as a modification to the contract.

1.5 General Information

1.5.1. Quality Control. The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services in accordance with Federal Acquisition Regulation (FAR) Part 46 and 52.246-1 Contractor Inspection Requirements. The Contractor’s quality control program is the means by which the Contractor ensures that work complies with the requirements of the contract. The Contractor shall address in detail, using the Quality Comparative Analysis (QCA) or a similar analytical tool, the frequency of monitoring each site in accordance with the qualitative/ quantitative (collection and reporting) metrics of measurement and Acceptable Quality Limits (AQL) for the various services outlined in Part 5 Specific Tasks of the PWS.

1.5.1.1 Quality Control Plan (QCP). The Contractor shall submit for approval a QCP to the Government Contracting Officer’s Representative (COR) within five (5) calendar days after start of Phase-in. (Deliverable #2) At a minimum, the QCP shall address the support for requirements identified in this PWS. The Contractor’s QCP shall address the qualitative/quantitative metrics to be used in achieving the AQL for the specific services outlined in Part 5 of the PWS at all locations. The QCP shall require the Contractor to develop and implement written management procedures to ensure timely and full delivery as well as service continuity at each site. The plan shall include any, or a combination of, cross-trained, cross-utilized personnel or substitute personnel that will be available to provide timely and continuous delivery of services at all locations. Prior to making any changes to the QCP, the Contractor shall obtain the KO’s acceptance in writing by submitting the request to the COR.

1.5.1.2 Annual Review. The Government may schedule and conduct an annual In-Process Review (IPR) of all of the Contractor’s performance of work under this contract. The COR will provide written notice of a scheduled IPR to the Contractor at least fourteen (14) calendar days in advance of the scheduled IPR. All IPRs will be conducted within Germany. The Contractor shall prepare a detailed written report and shall present this report orally during the IPR. The Government will prepare a review of Contractor’s performance and will present issues related to Contractor’s performance during the past year. Focus of IPRs will be both the quantity and quality of services provided as well as problems discovered during delivery and evaluation of services provided under this contract. The Government may provide specific recommendations or requirements to solve problems during the preceding academic year.

1.5.2 Quality Assurance Surveillance Plan (QASP). The Government will evaluate the Contractor’s performance under this contract in accordance with the QASP. 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 performance standards.

When the Contractor's performance is unsatisfactory, the KO may issue a Non-Conformance Report (NCR). The Contractor shall reply in writing within the specified time frame listed on the NCR form giving reasons for unsatisfactory performance, corrective actions taken, and procedures put in place to preclude reoccurrence.

1.5.3 Recognized Holidays. The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays. Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the KO. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively in accordance with or otherwise directed by 5 U.S.C 6103.

1.5.3.2 Host Nation Holidays. Work can be performed on local Host Nation holidays occurring during the normal workweek. Refer to installation/base policy and local Education Center’s SOP.

1.5.3.3 Training Holidays. Work can be performed on training holidays granted by USAREUR.

Refer to installation/base policy and local Education Center’s SOP.

1.5.4 Operating Hours. The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours. The Government facility office hours are 0730 to 1700

Monday through Friday, except U.S. Holidays, Host Nations Holidays, and Training Holidays as identified in Paragraph 1.5.3 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Classrooms, located within the government facility, are generally available for use from 0730 to 2200, Monday through Sunday.

1.5.4.2 Contractor Support Hours. The Contractor shall provide support during the hours listed in

1.5.4.1. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.5 Place of Performance. The Contractor shall deliver core programs and services to Service members and other authorized students throughout European Command locations. These locations are listed at Attachment 2 Service Locations. Not all programs will be provided at all locations in Attachment 2. The location(s) for each program will be determined by the size of the military community, historical data, and current and future needs assessments. The Education Service Officers will then determine which Educational Programs should be offered in each location.

1.5.6 The Interactive Customer Evaluation (ICE) system will be one of the tools used to collect customer comments and evaluate customer service. This tool may be reached at ice.disa.mil/.

Government personnel will, upon receipt, share these customer evaluations of personnel performance with the Contractor. The Contractor shall analyze and retain these performance evaluations during the life of the contract. It is the Government’s intent to monitor customer satisfaction levels over the long-term as one of the tools to evaluate the Contractor’s performance.

1.5.7 The Contractor shall submit an Employee Report by Academic Term to the COR no later than ten (10) working days after the conclusion of each Academic Term. Refer to TE D Employee Report by Academic Term. (Deliverable #3)

1.6 Security Requirements. The Contractor shall have a thorough understanding of the security requirements and processes outlined below. The Contractor shall be responsible for ensuring that all employees have completed required training in the prescribed timelines.

1.6.1 Communication Security (COMSEC). All communications with DoD organizations are subject to COMSEC review. The Contractor shall be aware that telephone communications and information technology networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military department to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the Contractor is advised that any time it places a call or receives a call it is subject to COMSEC procedures. The Contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information. The Contractor shall be aware of, and abide by, all Government regulations concerning the authorized use of the Government’s computer network (e.g., viewing pornographic material or restricted/subversive sites on the web), including the restriction against using the network to recruit Government personnel or advertise job openings.

1.6.2 Personnel Files. The Contractor shall maintain all personnel files for employees for the duration of the contract. Files shall contain records of training, experience, and credentials that shall be made available to the Government upon request. The Contractor shall maintain verification of training, teaching certificates, IT credentials, security clearances and experience to include credentials for all professional staff. All credentials shall be kept current and maintained for the duration of the individual’s performance under the contract.

1.6.3 Contractor Access and Logistic Support. Individual Contractor employees may be eligible to receive a formal identification allowing access to military installations/bases and/or Government computer systems, SOFA status and logistic support. None of these privileges are guaranteed and obtaining them require utilization of processes outlined below.

1.6.3.1 Background Investigation. All personnel who require access to military installations and Government computer systems to perform on this contract shall be submitted to the Defense Information System for Security (DISS) to initiate investigation requests. The Contractor shall initiate a Tier 1 (T1) background investigation on Standard Form-85 (SF-85) Questionnaire for Non-Critical Positions for all contract employees before contract performance commences. The personnel will be granted access to unclassified Government networked computer systems only after verification in DISS that the investigation has been initiated, after verification of a previously completed favorable investigation, or upon favorable review of the SF85, AE Form 190-45d Military Police Record Check, favorable fingerprints, and when a local Security Office has signed the DD Form 2875 System Authorization Access Request, and Trusted Associate Sponsorship System (TASS) Form listed in Paragraph 1.6.3.2. All security investigations shall be initiated prior to the assignment of personnel to the duties associated with the position. The Contractor shall not allow employees with unfavorable agency checks to perform under this contract.

1.6.3.2 Common Access Cards (CAC). No later than five (5) calendar days after Phase-in, the Contractor shall begin the CAC requisition process for all personnel requiring a CAC. CAC issuance is restricted and must be limited to Contractor personnel directly assigned to support this contract. Contractor employees shall seek a CAC issued by the each Service-nominated Trusted Agent, i.e., employees working on the Air Force bases shall receive Air Force-issued CACs. Contractors go through the same background investigation process that other CAC holders go through. (Refer to Paragraph 1.6.3.1) Contractor employees must have a sponsor (contracted schools) who launches the process of obtaining a CAC. Sponsors must work with TAs, who are responsible for enrolling Contractors in TASS. The Government's Trusted Agents, located within the European theater, will enroll the Contractor in the TASS using Army Human Resources Command (AHRC) Form 1 TASS Applicant Registration Request and DD Form 1172-2 Application for Identification Card/DEERS Enrollment (valid for 90 days from issuance.)

In case of Italy, the DA Form 1172-2 is generated by the European Contractor Online Processing System (ECOPS) system upon final approval by the Italian Authorities. The Contractor employee must complete their application for a CAC in the TASS system within 7 days of initial login. The Trusted Agent will review the application and either approve or deny it. Approval in

TASS allows automated data feed to Defense Enrollment Eligibility Reporting System (DEERS) database. Once a Contractor employee's application has been approved in TASS, the employee will go (in person) to the Installation Real Time Automated Personnel Identification System (RAPIDS) site for issuance of a CAC and loading of the required digital certificates. Periodic 180 day re-verification of employment status will be jointly accomplished in the TASS system by the Trusted Agemt and the Contractor's sponsor. All Contractor employee substitutes will be provided with a CAC to ensure immediate availability for work. Contractor employee substitutes shall maintain a CAC and system access. Personally Identifiable Information (PII) must be submitted via encrypted email. This process shall be identified in the QCP. Further information is found at cac.mil/common-access-card/getting-your-cac/for-contractors/.

1.6.3.3 Contractors requiring CACs. 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.

1.6.3.4 Contractors that do not require CACs to access Government computer systems but require access to installation/base or a DoD facility shall comply with applicable installation/ base, facility, and local security policies and procedures (provided by Government representative) and in accordance with SOFA and other Theater regulations.

1.6.3.5 Retrieving Government Identification Media. At the conclusion of the contract the Contractor’s sponsor shall ensure CACs are turned in to the Trusted Agent together with an AHRC Form 2.1 Contractor CAC Reverification/Retrieval Form. Other identification media such as vehicle passes or building electronic access cards shall be returned to the Trusted Agent as Government property. The Contractor shall have a process in place to collect CACs and to provide them to the Trusted Agent at each location. In Italy, both the CAC and the Soggiorno (see 1.19 b) must be collected by the COR when the Contractor terminates employment/status.

PII must be submitted via encrypted email. This process shall be identified in the QCP.

1.6.4 Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. The Contractor employees shall maintain work area/office, equipment and furnishings in a clean, professional, and orderly manner; ensuring computers and peripherals are operational. Government equipment and materials shall be secured at all times. At the close of each work period, the Contractor shall secure Government facilities, equipment, and materials for which it is responsible according to each Education Center’s Standard Operating Procedures (SOP). The Contractor shall include in their QCP a method/mechanism they will use to keep security of sensitive items.

1.6.5 Public Release of Activities or Information. All security requirements apply to all Contractor employees and suppliers associated with this contract. The Contractor shall comply with the following:

a. Not publicly disclose any information, photographs, or other documents concerning any aspect of the materials or services relating to this contract, without prior written approval of the

KO.

b. Not disclose or cause to be disseminated any information concerning the operations of the activity’s security or interrupt the continuity of its operations.

c. Not disclose any information to any person not entitled to receive it. Failure to safeguard any classified information that may come to the Contractor or any person under his control, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C., Sections 793 and 798.

d. Direct to the KO/COR and/or installation/base Security Officer for resolution all inquiries, comments, or complaints arising from any matter observed, experienced, or learned because of, or in connection with the performance of this contract, the resolution of which may require the dissemination of official information.

1.6.6 Utilizing Electronic Mail. Contractor employees shall use their official military email address when corresponding with the Government representatives. All emails with PII shall be sent encrypted. When Contractor personnel send email messages as a part of contract performance (or otherwise relating to contract matters), each sender shall include his/her name (both first and last names), position title, indication the person is a Contractor, email address, and the name of the individual’s employer, as a minimum.

1.7 Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized personnel. Note: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in their QCP. Such procedures shall include turn-in to the Education Services Officer (ESO) or Education Services Specialist (ESS) of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the installation/base ESO or ESS.

1.7.1 In the event that 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 Government, at its option, may replace the affected lock or locks or perform re-keying. When the Government performs the replacement of locks or re-keying or locks, the total cost of re-keying or the replacement of the lock shall be covered by the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost covered by the Contractor.

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

1.7.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that any lock combinations are not revealed to unauthorized persons. These procedures shall be included in the Contractor’s QCP. The Contractor shall contact the ESO or ESS when Contractor personnel no longer have a need to know for these combinations.

1.8 Phase In /Phase Out Period

1.8.1 To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during the next full academic term after the contract award. During the phase-in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.8.2. Post-Award Conference/Periodic Progress Meetings. In accordance with FAR 42.5, the Government shall conduct a Post-award Orientation (Conference) with the Contractor within fourteen (14) calendar days of the contract award. The Contractor shall provide a program orientation, milestone schedule, and shall discuss administrative matters. The meeting shall be held at a mutually agreed location with the KO, COR, and other Government personnel in attendance. Additionally, the KO, COR, and other Government personnel, as appropriate, will meet periodically with the Contractor to review the Contractor's performance. The Contractor shall provide the COR with “meeting minutes,” no later than five (5) workdays upon completion of the meetings. (Deliverable #4). These meetings shall be at no additional cost to the Government.

1.9 Government Personnel

1.9.1 Contracting Officer (KO). The KO is the only person authorized to direct changes in any requirements under this contract. In the event that the Contractor effects any change at the direction of any person other than the KO, the change will be considered to have been made without authority and solely at the risk of the Contractor. The KO is the only individual who can legally bind the Government.

1.9.2 Contracting Officer Representative (COR) and Alternate COR (ACOR). CORs and ACORs will be duly appointed by the KO and be identified by separate letter. A letter of designation issued to each COR/ACOR, a copy of which is sent to the Contractor, states their responsibilities and limitations, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR/ACOR and installation/base-level technical monitors are not authorized to change any of the terms and conditions of the resulting contract. The COR/ACOR is not authorized to obligate the Government.

1.9.3 Other Government Education Personnel. The COR/ACOR is the only officially appointed representative of the KO/Government. Given the scope and complexity of some service contracts, other individuals may assist the COR, such as the Education Services Officers and Education Services Specialists.

1.9.4 Education Services Officer (ESO); in the Air Force ESOs are known as Education and Training Chiefs. ESO is a Government employee who plans and develops an education program on military installation or base. ESO administers all education services, advises the installation/ base commander on the status and needs of the education programs and services by promoting participation by personnel at the installation/base.

1.9.5 Education Services Specialist (ESS). A Government employee who assists the ESO in administration of an installation's or base’s voluntary education programs. ESS helps assess education program needs by promoting participation by military personnel at the installation/base.

1.9.6 Guidance Counselor (GC). A Government employee who provides academic and career counseling to Service members and other students.

1.10 Management and Administration. The Contractor shall establish and maintain a management/administrative headquarters within 150 kilometers of the COR’s office, Wiesbaden, Germany, and provide leadership and staff personnel with educational and experiential backgrounds comparable to those required for similar positions of responsibility on the home campus. All Contractor employees shall be able to read, write, speak, enunciate clearly, and fully comprehend the English language.

1.10.1 Key Personnel. Changes in the key personnel such as Director/Dean, Associate positions, and heads of departments throughout the performance of the contract shall be submitted to the HQ Installation Management Command (IMCOM)-Europe COR, along with their resumes.

(Deliverable #5)

1.10.2 Contract Liaison. The Contractor shall appoint an individual to serve as Contract Liaison for a minimum of twenty (20) hours a week whereby the COR can liaise with a primary point of contact to assist with items including but not limited to compliance inquiries, deliverables, general administrative issues, etc.

1.10.3 Field Representatives (FR). The Contractor shall assign and train FRs to each Education Center where the Contractor will offer on-site courses. The FR duties are administrative in nature with the FR acting as point person for the Contractor. FR will, at a minimum, do the following:

a) Provide relevant information to prospective students such as institutional policy, degree requirements, and financial aid

b) Assist with admission application, registration for courses, and transcript submission

c) Help students with financial aid such as Tuition Assistance (TA), grants, or Veterans’ Administration (VA) benefits

d) Assist students with system issues, grade disputes, withdrawals, etc.

e) Coordinate all outreach visits and local marketing with the ESO; the FR will only advertise contracted programs

1.10.4 Field Representatives Hours. The FR at each Education Center shall work for at least 20-hours per week where there are at least 50 enrollments In-Seat or Hybrid contracted courses per year. FR’s office hours and marketing times will be mutually agreed upon between the Contractor and the ESO and may differ from regular hours. If the FR position is scheduled to be vacant, the Contractor shall provide an alternate person to fulfill the FR duties no later than five

(5) working days. (Performance Requirements Summary (PRS) #1) Hours per week provided by FR are the minimum, may be increased when agreed upon by the ESO and the Contractor.

1.10.5 Contractors shall provide Security Monitors for weekend, evening, and non-duty hour classes. Multiple Contractors using the same facility may work out a shared responsibility.

1.10.6 Personnel Compliance. The Contractor shall require all of its employees to comply with such Army, Air Force, Navy and local installation/base regulations as may be applicable to them concerning standards of conduct and appearance of non-military individuals while present on military installations/bases. The Contractor shall require all of its employees to adhere to the host nation laws of the countries to which the Contractor assigns them to work under this contract, In Accordance With (IAW) Status of Forces Agreement (SOFA.)

1.10.7 The Contractor shall not employ in any capacity Government Education Services personnel, e.g., ESOs, ESSs, Guidance Counselors, etc.

1.10.8 In case of a Contractor closing operations at a location due to low On-Site/Hybrid enrollments, the Contractor, in addition to following a specific guidance outlined by its accreditation agency, shall:

a. Discuss with the affected ESO the intent to close its office at that location

b. Provide a written notification to the ESO and COR three months prior to closure; a notification should include reasons/justification

c. Absorb all and any cost of closing the office

d. Notify in a timely manner all current students

e. Develop a plan to continue to serve current and prospective students in that location until the end of the contract

1.11 Identification of Contractor Employees. Contractor personnel shall wear a Contractor-issued nametag (above the waist and on their outermost garments) that includes the Contractor’s name and institution name for identification purposes. In any situation where their Contractor status is not obvious to third parties, Contractor employees are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall also ensure that all documents or reports produced by Contractor employees are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12 Contractor Travel

1.12.1 Local travel. Travel to cover services where the Contractor has an unexpected absence or job vacancy at assigned places of performance will be at the Contractor’s expense.

1.12.2 Foreign Travel. All foreign travel is at the Contractor’s expense. Foreign travel is defined as “Contractor personnel traveling under DoD sponsorship in support of a DoD contract are considered DoD-sponsored personnel for DoD Foreign Clearance Guide (FCG) purposes.”

Official travel is defined in Joint Travel Regulation as “authorized travel solely related to Government business. Official travel does not include travel for personal reasons, by a circuitous route, or by transportation modes not authorized or approved.”

Before commencing foreign travel, official or unofficial, all travelers are advised to enroll in Smart Traveler Enrollment Program (STEP) at https://step.state.gov/, review country alerts and warnings at www.travel.state.gov/content/passports/english/alertswarnings.html, and complete STEP entries for every trip outside of the country of work (other than to the U.S.).

All travelers shall check DoD Foreign Clearance Guide at fcg.pentagon.mil and, when applicable, shall request country clearance from Aircraft and Personnel Automated Clearance System (APACS) at https://apacs.milcloud.mil/apacs/login.jsp. Travelers shall forward APACS country clearance approval to the COR. Official travel by Contractors will not commence without a required country clearance.

Lastly, all travelers shall follow their local installation/base Security Office policies in regards to foreign travel and complete required steps. Completing all requirements for foreign travel outlined above must be planned and finalized ahead of time.

1.13 Conduct of Contractor Employees. It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure that Contractor employees do not perform work under the influence of alcohol, illegally prescribed drugs, or any other incapacitating agents. Contractor personnel shall conform to standards of conduct and a code of ethics consistent with those applicable to Government employees as provided in the Joint Ethics Regulations 5500.7-R.

The KO may require the Contractor to remove from the job site any Contractor employee working under this contract for reasons of misconduct, security violations, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. The installation/base Commander has the authority to bar individuals from the installation/base.

Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the responsibility to continue providing the services required under the awarded contract.

1.14 Organizational Conflict of Interest (OCI). Contractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services 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 shall promptly submit a plan to the KO to avoid or mitigate any such

OCI.

The Contractor’s OCI 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 affect 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.

1.15 Individual Conflict of Interest. To preclude the potential for real or perceived bias in the Soldier's decision making process and to ensure Service members receive fair and equitable information in pursuit of their professional or personal educational goals, no person whose official job/position description includes counseling Service members shall have a formal or informal compensation arrangement/agreement with an EI, regardless whether the subject EI is represented in Services’ educational portals or not.

1.16 Required Training

1.16.1 Information Assurance (IA)/Information Technology (IT) Training. All Contractor employees and associated subcontractor employees shall complete DoD IA awareness training before issuance of network access and annually thereafter. All Contractor employees working IA/IT functions must comply with DoD and Army training requirements in DODD 8570.01, DOD 8570.01-M, and AR 25-2 within 6 months after being employed.

1.16.2 Army Training and Certification Tracking System (ATCTS);

https://atc.us.army.mil/iastar/. This system imports training and certification completion data from Army and DoD systems. All Contractor employees with access to a Government information system are registered in the ATCTS at commencement of services and must successfully complete the DoD Cyber Awareness Challenge training prior to access to the information system.

1.16.3 DoD Cyber Awareness Challenge; AR 25-1 and AR25-2; Ft. Gordon site https://atcts.army.mil/iastar/index.php. This training provides enhanced guidance for online conduct and proper use of information technology by DoD personnel. This training simulates the decisions that DoD information system users make every day as they perform their work. The Challenge presents cybersecurity and information systems security awareness instructional topics through first-person simulations and mini-game challenges that allow the user to practice and review cybersecurity concepts in an interactive manner. All Contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter.

1.16.4 Antiterrorism (AT) Awareness, Level I training; AR 525-13; Joint Knowledge Online (JKO) https://jkodirect.jten.mil/. This web-based training is sponsored by the Joint Staff in coordination with the military Services. Completion of this training meets the annual requirement for Level I Antiterrorism Training prescribed by DoDI 2000.16; all initial-entry personnel complete AT Level I training annually for the first three years of employment or service, and triennially thereafter. The purpose of this training is to increase Contractors’ awareness of terrorism and to improve their ability to apply personal protective measures. All Contractor employees requiring access to Army installations, facilities, and controlled-access areas will complete this training within fourteen (14) calendar days after they report for duty.

1.16.5 Threat Awareness and Reporting Program (TARP); AR 381-12, Army Learning Management System (ALMS) https://www.lms.army.mil/learnerview/. This training is designed to ensure that personnel recognize and report incidents and indicators of the following: attempted or actual espionage, subversion, sabotage, terrorism or extremist activities directed against the Army and its personnel, facilities, and resources. All Contractor employees are required to complete initial and annual TARP training.

1.16.6 Operation Security (OPSEC) Level I (Newcomers and Refresher); AR 530-1; ALMS http://www.cdse.edu/catalog/elearning/GS130.html. New Contractor employees must complete Level I OPSEC training within thirty (30) calendar days after they report for duty. All Contractor personnel must complete refresher training every twelve (12) months. Verification of the training shall be provided to the COR upon request.

1.16.7 Reserved.

1.16.8 Controlled Unclassified Information (CUI) Training; DoD CUI site https://atcts.army.mil/iastar/index.php. This course is mandatory training for all DoD personnel with access to controlled unclassified information. The course provides information on accessing, marking, safeguarding, decontrolling and destroying CUI along with the procedures for identifying and reporting security incidents.

1.16.9 Verification of the training listed above shall be provided to the COR upon request.

(Deliverable #6)

1.17 Authorization to Perform Services in Germany

1.17.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.17.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.17.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.17.4 Status of Forces Agreement (SOFA) Coordination. There is only one SOFA for the 30 countries that are signatories to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement. In Germany, the NATO SOFA has been supplemented by an additional international agreement, called the Supplementary Agreement, signed by the Germany and 6 "sending states" (U.S., UK, Canada, France, Belgium and the Netherlands).