DRAFT PWS W564KV-24-GUARDS-BPA.pdf

PROCUREMENT SENSITIVE INFORMATION (See FAR 2.101 and 3.104)

409th CSB Ver 5 20180730

PERFORMANCE WORK STATEMENT (PWS)

Security Guard Services (BPA)

20 FEB 2024 (DRAFT)

Part 1

General Information

1. General: This is a non-personal service(s) agreement and subsequent contract action when orders are made under which the personnel rendering the service(s) are not subject, either by the agreement’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 is a non-personal service(s) agreement and subsequent contract action when orders are made, to provide both fixed and mobile Armed and/or Unarmed Security Guard Services on a short and/or long-term basis at various locations throughout the European Area of Responsibility (AOR) of U.S. Army Europe and Africa (USAREUR-AF). The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform armed and unarmed Security Guard services. Specific performance locations will be specified at the Order level.

1.2 Background: Serviced locations require physical security and force protection for all residents and workers inside the location perimeter specified at the Order level. This is to be accomplished by staffing roving patrols, perimeter towers, and access control points. The guard force provides professional, qualified, and well-trained personnel to maintain security of personnel and assets on the serviced locations.

1.3 Scope: The intent of this Blanket Purchase Agreement (BPA) is to provide a vehicle to order commercial services, including personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform non-personal Armed and/or Unarmed Security Guard services on a short and/or long-term basis using human and/or non-human means as described in the PWS and associated agreement/contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated agreement/contract documents.

1.3.1 Period of Performance: The Period of Performance (PoP) for service requirements will be defined at the Order level.

1.4 Objectives: The detailed requirements, specifications, and deliverables pertinent to each Order under this BPA will be explicitly outlined and specified in each respective Order Request for Proposal (ORFP). Individual Order documents shall serve as the authoritative source for comprehensive guidance on performance expectations, timelines, and other pertinent details. Contractors are expected to adhere to the specifications provided in each Order and shall tailor their performance accordingly. The contractor shall provide armed and unarmed security guard services on a short and/or long-term basis at the specified locations, including installation access control, surveillance, monitoring, and overall safeguarding of the installation and its tenant units and activities using human and/or non-human means.

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1.4.1 Integrated Compliance Framework: While this PWS establishes a foundation referencing U.S.

Army regulations and clauses, it is imperative to note that individual Orders may necessitate compliance with additional regulations and standards as mandated by other relevant agencies and foreign governments where performance is taking place. The specific regulatory framework and standards applicable to each Order will be explicitly detailed within the respective ORFP documents. Contractors are expected to adapt and adhere to the unique requirements specified in each Order, ensuring comprehensive compliance with any additional stipulations set forth in the Order.

1.5 General Information

1.5.1 Quality Control Plan (QCP): Security Guards Services are considered commercial services and will be monitored using procedures detailed in FAR Part 12. The Contractor's existing quality assurance system shall be utilized in accordance with FAR 12.208.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after date of Order award (Deliverable # A.001).

The Government will review and notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have three (3) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the KO’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the KO no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout Order/contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.8 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

g. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

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h. How will the Contractor file and save all Quality Control related documents for the life of the Order plus 5 years?

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty 30 days upon completion of each Task Order (Deliverable # A.002).

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within twenty-four (24) clock hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days (Deliverable # A.003).

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this Order/agreement in accordance with the Quality Assurance Surveillance Plan (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 acceptable quality levels (performance thresholds).

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 workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the KO. For delivery submittal, 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 at 5 U.S.C. 6103.

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays unless otherwise directed by the KO. Additional location specific holidays, if any, will be detailed at the Order level.

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. Any place of performance unique hours will be specified at the Order level.

1.5.4.1 Government Facility Office Hours: The Government facility office hours at most locations are generally 0800 to 1700 Monday through Friday, except U.S. Holidays as identified in section 1.5.3 above or when the Government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facilities closings.

1.5.4.2 Government Facility Operating Hours: Most Government facilities operating hours occur between the hours of 00:00 to 23:59 Monday through Sunday. The Government facilities are open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facilities may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the KO to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 00:00 to 23:59 Monday through Sunday, whether the facility is open or closed, and during local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS whether the Government facilities are opened or closed for the above reasons. When

409th CSB Ver 5 20180730 hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.), and, how the Contractor intends to address and meet increased operations tempo (e.g. Contractor’s need for overtime or extended work hours). The Contractor’s proposed Work Plan shall be submitted to the KO via the COR for review within ten (10) days after date of Order award (Deliverable # A.004). The Government will review and either accept or return their comments to the Contractor within ten (10) days of submittal. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the KO at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: Reserved.

1.5.6 Place of Performance: The work to be performed under this agreement will be performed at locations determined at the Order level.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: Select contractor personnel performing work under this agreement through subsequent contract actions when orders are made; may require a Secret Security Clearance as specified in the ORFP at time of the proposal submission and if specified, must maintain the level of security required for the life of the of the Order (Refer to PWS Section 1.10(a) and 1.10(b)). The security requirements are IAW with the Department of Defense Contract Security Classification Specification (DD Form 254) and 32 CFR part 117 NISPOM. DD Form 254 will be completed at the Order level. It is possible that a few specific locations may require that a contractor has a top-secret Facility Clearance Level (FCL). If so, this will be identified at the Order level.

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under Orders placed against this agreement, such as the Program/Order Manager and Site Manager, may be required to have an active personnel security clearance at the Secret level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission when specified in the ORFP. If specified, subject contractor personnel must maintain the level of security required for the life of the Order. The security requirements are IAW the Department of Defense Contract Security Classification Specification DD Form 254. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this Order/contract comply with Federal Acquisition Regulation (FAR) 52.204- 2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employees comply with the Department of Defense Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor.

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1.6.2.1 Contractor Compliance: The Contractor shall ensure that all Contractor and subcontractor personnel at all tiers comply, at all times, with (i) all applicable DoD regulations, directives, instructions, policies, procedures, and other others issued by the DoD Commander or his/her representative, (ii) U.S.

Host Nation and international laws and regulations and (iii) international agreements, such as treaties, conventions, protocols, Status of Forces Agreements, Host Nation Support Agreements, and Defense Technical Agreements) that are applicable to Contractors supporting the U.S. Armed Forces under the facts and circumstances of any Host Nation. The Contractor shall comply with the most current version of ANSI/ASIS PSC.1–2022, American National Standard, Management System for Quality of Private Security Company Operations—Requirements with Guidance or the International Standard ISO 18788, Management System for Private Security Operations—Requirements with Guidance.

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control and / or other applicable AE Regulations specified at the Order level, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the Order is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 can be found on the following website:

https://www.aepubs.eur.army.mil/AE-Regulations/

1.6.3.1 In addition to AE REG 190-16, access to performance locations is in accordance with local Force SOPs and the local Access Control SOPs, which will be provided with the ORFP. The Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within three (3) working days after Order award (Deliverable # A.005). The log must at a minimum contain the following information: Last Name, First Name, Middle Name, Passport Number, City of Birth, and Date of Birth. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable # A.006).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within two (2) days (Deliverable # A.007).

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1.6.3.3 Upon termination or cancellation of this agreement/Order, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within ten (10) days (Deliverable # A.008).

1.6.3.4 Common Access Cards (CAC): The Contractor shall provide the following information: Last, First Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR within thirty (30) calendar days after Order award (unless circumstances require otherwise and as directed by the KO) (Deliverable # A.009). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.23.5.

1.6.3.4.1 The Contractor shall provide a CAC log within the first 30 calendar days after Order award and within five (5) days after changes have been made (Deliverable # A.010) (unless circumstances require otherwise and as directed by the KO). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 and / or other applicable AE Regulations specified at the Order level provides guidance pertaining to background checks for U.S. and Host Nation Contractors.

1.6.4.1 U.S. Citizen: Contractors that work with youth under the age of 18 years are subject to local Host Nation and U.S. Government background checks. The U.S. Government will determine the extent of background checks required. The Contractor employee may begin performance of the Order after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the U.S.

Government. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the U.S. Government. The Contractor shall forward a copy to the KO and COR of each favorable background check within five (5) day of receipt by the Contractor, identifying such with the appropriate Order number (Deliverable # A.011). The Contractor shall forward a copy to the KO and COR of each unfavorable background check within one (1) day of receipt by the Contractor, identifying such with the appropriate Order number (Deliverable #A.012).

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with youth under the age of 18 years are subject to background checks as determined by the U.S. Government. As a minimum prior to beginning performance on an Order, Contractors employing local national and third country nationals shall furnish the KO and COR any required host country police reports specified in the Order PWS, no later than five (5) days after Order award (Deliverable # A.013). Forwarding correspondence from the Contractors shall identify the associated Order number. The U.S. Government will determine the favorability of the report(s) and notify the Contractor. The Contractor shall forward a copy of unfavorable reports to the KO and COR within one (1) day of receipt, identifying such with the appropriate Order number. Local nationals and

409th CSB Ver 5 20180730 third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, the same requirements to replace the employee within the specified timeframe when results of background check are unfavorable. In addition to the requirements listed above, as required in the ORFP, local national contractor employees may be required to undergo and complete specialized screening for specified locations prior to the start of employment, every six months thereafter, and on an as required basis. The contractor shall escort all local national personnel to the screening office. Local Nationals shall be required to provide two forms of photo identification and police reports at the time of screening. Failure of the individual to receive a favorable Host Nation screening would be grounds for termination.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13), which is accessible at https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=1004558 .

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control: The Contractor shall establish and implement methods in accordance with AR 190-51 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=1003834 and AR 190-11 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=1005094 to ensure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. 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 the Contractor’s Security Plan (Deliverable # A.014) and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the KO. In the event 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 replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to 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 deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons.

The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

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1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Order Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the KO, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the KO. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the Order and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the Order, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the Order, perform inspections necessary in connection with order performance, maintain written and oral communications with the Contractor concerning technical aspects of the Order, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: Program/Order Manager, Site Manager, and Logistics/Property Manager are considered by the Government to be key personnel. As specified at the Order level, the Contractor shall provide a Program/Order Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Order Manager, who shall act for the Contractor when the Program/Order Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the KO no later than five (5) days after Order award (Deliverable # A.015). The Program/Order Manager and Alternate Program/Order Manager shall have full authority to act for the Contractor on all contractual matters relating to daily operation of this Order. The Program/Order Manager or Alternate Program/Order Manager shall be available between 0800 to 1700 local time Monday through Saturday, or as specified at the Order level. Qualifications and experience criteria for all personnel are listed below. The Contractor shall be responsible for verifying experience and qualification for each position listed and shall submit verification to the KO and COR upon request (Deliverable # A.016).

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Due to the contractor employees being potential first responders to incidents, all contractor employees shall be able to communicate in English and the host nation language to the degree that they understand oral and written communications and express themselves in matters pertaining to their work (i.e. reporting of emergency situations, written reports, etc..) in person or by telephone/radio communications, to their management, and military authorities. Additionally, the employees shall be able to provide clear communications to the customer at the point of service.

The following position requirements are representative of the positions needed, but required experience levels may be differently specified at the Order level.

a. Program/Order Manager and Alternate Program/Order Manager: The requirements for each Program/Order Manager shall be specified at the Order level.

b. Site Manager: The requirements for Site Manager shall be specified at the order level.

c. Logistics/Property Manager: The Logistics/Property Manager may be a U.S. citizen or a qualified local national able to demonstrate at least two (2) years of administrative experience in property accountability and management of Government Furnished Property within the last five (5) years prior to assuming the position. The Logistics/Property Manager will be eligible to obtain a Common Access Card, and gain access to the Global Combat Support System-Army (GCSS-Army) network system, by completing the web based GCSS-Army Training and Certification system (GTRAC) for record.

1.11 Non-Key Personnel: Due to the contractor employees being potential first responders to incidents, all contractor employees shall be able to communicate in English and the host nation language to the degree that they understand oral and written communications and express themselves in matters pertaining to their work (i.e. reporting of emergency situations, written reports, etc..) in person or by telephone/radio communications, to their management, and military authorities. Additionally, the employees shall be able to provide clear communications to the customer at the point of service. The following employee types that may be required by the ORFP are considered non-key personnel.

The following position requirements are representative of the positions needed, but required experience levels may be differently specified at the Order level.

a. Force Protection Operations Center (FPOC) Armed Supervisor: The contractor shall provide a minimum of one armed FPOC supervisor, per shift, on a twenty-four (24) hour, seven (7) days a week basis. The FPOC Supervisor shall be a U.S. citizen and demonstrate at least two (2) years of supervisory experience, with in the last five (5) years prior to assuming the position, in one or more of the following career fields: armed security services, law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.

b. Post Armed Supervisors: The contractor shall provide an armed supervisor at each post area, per shift, on a twenty-four (24) hour, seven (7) days a week basis. The Post Armed Supervisor shall be a U.S. Citizen and demonstrate at least two (2) years of supervisory experience, with in the last five (5) years prior to assuming the position, in one or more of the following career fields: armed security services, 409th CSB Ver 5 20180730 law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.

c. Armed Guards: The contractor shall provide trained armed guards, as necessary, to maintain required post coverage as stated in this Performance Work Statement. The Armed Guards shall be U.S.

citizens and demonstrate at least two (2) years of experience, within the last ten (10) years prior to assuming the position, in one or more of the following career fields: armed security services, law enforcement, and military service. This experience can be credited by service in the Armed Forces, civilian law enforcement (Federal, State, or Local), or commercial security services.

d. Unarmed Guards (Host Nation citizens or those with Residency status in the Host Nation): The Contractor shall provide trained Unarmed Guards, as necessary, to maintain required post coverage as stated in this Performance Work Statement. The Unarmed Guards shall have citizenship or residency status in the place of performance and demonstrate at a minimum two (2) years of experience, within the last five (5) years of assuming the position, in one or more of the following career fields: unarmed security services, law enforcement, or military service.

1.12 Reserved

1.13 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must 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 ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.13.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the KO via the COR for review and acceptance (10) days after Order award (Deliverable # A.017). Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, and conducting or attending meetings and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.13.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (including all subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the Order or termination of employee. A listing of issued ID cards shall be furnished to the KO prior to the Order performance start date and be updated as needed to reflect Contractor personnel changes (Deliverable # A.018).

1.14 Contractor Travel: Reserved.

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1.15 Other Direct Costs (ODCs): Reserved.

1.16 Data Rights: The Government has unlimited rights to all documents and materials produced under this agreement/contract. All documents and materials, produced under this agreement/contract shall be Government-owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.17 Non-Disclosure Requirements: Performance under this Order/contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this PWS would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed or obtained under performance of this PWS, except to authorized Government personnel, or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at https://www.defense.gov/Help-Center/Article/Article/2762906/use-of-department-of-defense-imagery/ and https://www.dimoc.mil/resources/limitations/ . The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this agreement/contract on any marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than five (5) days prior to commencement of work under the Order (Deliverable # A.019). Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this Order/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 (Deliverable # A.020). 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.

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1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the phase in / phase out periods specified in the ORFP. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the Order start date. During the phase in period, the Contractor shall also contact the Host Nation Business Registration, if applicable, in order to register as a foreign company in the Host Nation.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.21.1 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the KO via the COR, no later than ten (10) days that such notifications were made (Deliverable # A.022).

1.22 Environmental Compliance: The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its operations and activities conform to Host Nation and place of performance specific environmental policy requirements. The Contractor shall ensure that all Contractor personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities at the place of performance are conducted in accordance with the local Spill Prevention and Response Plan, Solid Waste Policy, and applicable Host Nation environmental laws / standards.

1.22.2 The Contractor must immediately report any hazardous substance spills to the appropriate Fire Department, specified at the Order level.

1.22.3 The Contractor shall contact the COR or the place of performance specific Directorate of Public Works-Environmental Division for a copy of the appropriate Environmental Policy, Spill Prevention and Response Red Plan, and Garrison Solid Waste Policy.

1.23 Required Training: The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the Order/contract, shall complete AT Level I Training within thirty (30) days (Deliverable # A.023) after Order start date and within thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable # A.024) for each affected Contractor employee and subcontractor employee to the COR within five (5) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable # A.025) every twelve (12) months except AOR specific AT Level I Training, which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by

409th CSB Ver 5 20180730 the AT Officer. Verification of the training shall be provided to the COR within five (5) days after completion of the training.

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC Training within thirty (30) days of employment after Order award. Verification of the training shall be provided to the COR within five (5) days after completion of the training for new employees (Deliverable # A.026).

OPSEC Level I Training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of refresher training shall be provided to the COR within five (5) days after completion of the training (Deliverable # A.027).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within five (5) days after completion of the training.

1.23.3 iWATCH Training. The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the Order is awarded, and within thirty (30) after new employees commence contract performance. The results shall reported to the COR within thirty-five (35) days after the Order is awarded and within thirty-five (35) days after new employees commence Order performance (Deliverable # A.028). Training slides can be found on the Army OneSource website:

https://www.armywarcollege.edu/iwatch/

1.23.4 Information Assurance (IA) Training

1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within ten (10) days (Deliverable # A.029) after Order start date, or ten (10) days after employment of new personnel.

Training is available at: https://jkodirect.jten.mil/ .

1.23.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty

(30) calendar days of employment. Training is available at https://cs.signal.army.mil/default.asp?title=clist .

1.23.4.3 All Contractor employees, including subcontractors, performing services under this agreement/Order with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), at: https://atc.us.army.mil/iastar/index.php.

409th CSB Ver 5 20180730

Verification of registration shall be provided to the COR within two (2) days after registration (Deliverable # A.030). Contractor personnel must complete refresher training every 12 months.

Verification of the training shall be provided to the COR within two (2) days after completion of the training (Deliverable # A.031).

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this Order/contract with access to PII and a Government information system shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five

(5) days after completion (Deliverable # A.032). Training is available at https://jkodirect.jten.mil/html/COI.xhtml?course_prefix=DOD&course_number=-US1366 .

1.24 Reserved.

1.25 Notice to Proceed: The effective date of Orders issued under this BPA will constitute the date of notice to proceed.

1.26 Electromagnetic Compatibility Directive: Reserved

1.27 Government Property and Services: Refer to Part 3 of the Order specific PWS for Government property (GP) for this agreement/order. The Contractor shall submit a Property Management Plan to the KO during proposal submission (Refer to 52.212-1 and 52.212-2 of the ORFP). (Deliverable # A.033)

1.28 European Union: Some places of performance may not be part of the European Union and therefore would not currently be subject to CFE Treaty Verification Inspection.

409th CSB Ver 5 20180730

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer (KO) – means a person with authority to enter into, administer, and or terminate agreements/contracts, and make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a Order/contract to provide specific supplies or service to the Government. The term used in this agreement/contract refers to the prime.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Government-furnished property - means property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

409th CSB Ver 5 20180730

Government property - means all property owned or leased by the Government. Government property includes both Government-furnished property and…