DRAFT PWS Template Agile professional Services 20260729.docx

Performance Work Statement (Includes associated Performance Requirements Summary (PRS)

Tailor this example document to the individual acquisition. Ensure this cover page and all areas providing instructional or sample language (red and or italicized font) are deleted before finalizing and submitting the document.

IAW AR 25-50, this Sample is presented in size 12 Arial font and the final document is recommended to follow same format.

Page breaks between parts (e.g. Part 1 General Information and Part 2 Definitions & Acronyms) shall be maintained.

The purpose of this template is to assist Requiring Activities (RAs) in communicating and drafting a document which addresses performance objectives, standards, and acceptable quality levels during the requirements development process.

Information and guidance on how to use this sample is located below and throughout this document.

1) Black font in the PWS contains standard, technically acceptable language typically used in the acquisition field. The RA may augment sections containing black font, however, the RA is encouraged to contact and coordinate with their their servicing Contracting Officer, Contract Specialist, or servicing Quality Assurance Specialist if a change or augmentation to the existing black font language is anticipated.

2) If a paragraph does not appear to be required, the number and title of that paragraph must remain in place and the RA shall enter the word “RESERVED”.

3) General instructions, fill-in prompts, guidance and information provided for the RA’s consideration as is Example language, also provided for use as a launch pad to assist the RA in writing their requirements.

4) Deliverables / Submittals are identified in {red bold italics} font within red bold braces. Identification of a deliverable / submittal prompts the RA to insert the identification number assigned to the deliverable and must be in sequential order of appearance within the PWS. All deliverables must be listed in Part 7 Attachment 2 of the PWS.

5) Parts 2, 6, and 7 of this PWS contain definitions and acronyms typically used in the acquisition field, applicable publications, manuals, and regulations listed in the PWS, and attachment/technical exhibits, respectively. These parts shall all be reviewed by the RA and augmented as needed to ensure terms, publications, attachments/technical exhibits are properly identified in this PWS.

6) This document provides information and sample language applicable to both CONUS and OCONUS requirements. Pertinent to the work to be performed, this PWS should be developed in coordination with appropriate and required garrison organizations, to include and if appropriate applicable OCONUS host nation liason offices.

If work is to be performed OCONUS, although all efforts have been made to capture most common considerations, additional edits may be necessary by the RA and/ or contracting office to fit the country, applicable laws and specific requirement.

For CONUS requirements, non-applicable OCONUS narrative should be deleted and paragraphs re-numbered as appropriate.

PERFORMANCE WORK STATEMENT (PWS)

(Insert Title of the Requirement) (Date)

Part 1 General Information

Part 1 contains background information, a brief description of the services required, quality control requirements, personnel related matters such as safety requirements, security requirements, security clearances, etc. Reminder - If a paragraph is not required, the number and title of that paragraph must remain in place and the word “RESERVED” shall be entered in black print.

REMINDER - DELETE ALL INSTRUCTIONAL INFORMATION PRIOR TO FINALIZING THE PWS

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) 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 is a non-personal service(s) contract to provide Agile Professional Services.

1.2 Background:

Historically, CPE ST3 has relied on traditional, static, designated-personnel SETA support contracts. To meet emerging multi-domain threats and comply with modern defense acquisition directives, CPE ST3 is transitioning to an Agile Program Management approach. This change represents a cultural shift: contracting for a flexible, task-based enterprise capacity rather than "butts in seats." Historically the Government has been required to pay for 40-hour workweeks even when task demand fluctuates or falls short of a full workweek capacity. This rigid structure has deprived the Army of true visibility into operational efficiencies, cycle times, and the actual level of effort required to execute our mission. Furthermore, recent attempts to modernize have been hindered by legacy management cultures that treat Agile principles merely as reporting buzzwords or compliance tools, rather than a fundamental shift in how human capital is deployed to support our unique service mission. We face a critical dichotomy: we must have the Subject Matter Experts (SMEs) available who support our complex training, testing, and threat acquisition portfolios, while completely overhauling how their time and tasks are managed and aligned to the CPE’s priority. Under the current paradigm, we struggle to dynamically allocate resources across multiple Project offices when workloads surge or wane. The Government requires a paradigm shift that measures success by outcomes delivered and sprint velocity rather than billable hours. We challenge industry to demonstrate how you can ensure no degradation to mission, drive genuine organizational change, and execute a scalable, transparent framework that matches contractor capacity to unpredictable CPE ST3 acquisition demands.

1.2.1. Policy and Executive Mandates Driving Change

This transformation is directly aligned with and driven by:

· Army Directive 2024-02 (Enabling Modern Software Development and Acquisition Practices): Mandating the adoption of agile methodologies and the elimination of slow-moving legacy processes.

· Executive Order (E.O.) 14222 (Implementing the Cost Efficiency Initiative): Demanding strict fiscal responsibility, waste elimination, and prioritization of in-house capabilities.

· E.O. 14240 (Consolidating Procurement): Directing agencies to consolidate common professional services to eliminate administrative duplication and inefficiencies.

· E.O. 14271 (Ensuring Commercial, Cost-Effective Solutions): Mandating that agencies prioritize commercially available, outcome-oriented solutions.

· E.O. 14402 (Promoting Efficiency, Accountability, and Performance): Maximizing the use of fixed-price or fixed-price incentive contract structures.

1.2.2. The Consolidated "To-Be" Business Model

To implement these mandates, CPE ST3 is establishing a single commercial services contract utilizing a Dynamic Resourcing Strategy and an Enterprise Capacity Model. Rather than dedicating static personnel to isolated program offices, resources will be organized into cross-functional talent pools that can be "swarmed" to execute tasks prioritized in the backlog as mission demands fluctuate. Task priorities are managed dynamically via a single, Government-provided instance of Jira.

1.3 Scope: The Contractor shall provide non-personal service(s). Agile professional services covers the comprehensive lifecycle support of CPE ST3's diverse portfolio of over 370 products deployed at more than 400 locations worldwide. These services directly support the Department of War (DoW) and Allied Partners by ensuring statutory and regulatory testing, training, and threat requirements are met for DoW acquisition programs (e.g., Abrams, Bradley, Stryker, Apache, Chinook, Black Hawk) to enhance combat readiness, interoperability, and multi-domain operational effectiveness.

Foreign Military Sales (FMS) support requirements that are within the scope of this services contract. Accordingly, the Government reserves the right to amend this Performance Work Statement, add line items, and make other such adjustments to orders for FMS requirements as necessary.

1.1. Out-of-Scope Areas

The contractor shall not perform inherently governmental functions, nor provide labor categories or staffing constructs that imply Government authority. Direct procurement of tactical hardware or end-items is out of scope unless explicitly authorized as incidental to the execution of a defined service task.

1.4 Objectives:

The objective of this contract is to provide CPE ST3 with the capability to adapt to the dynamic and unpredictable nature of multi-domain operations, technical evolutions in testing, and training warfighter systems and disciplines. Objectives are specified in the SOO.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The contractor’s existing quality assurance system shall be utilized in accordance with FAR 12.208. The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within (Insert number of days - ten (10) days is a common timeframe used, but may be adjusted to fit the requirement and should be reasonable) after date of contract award. (NOTE: To minimize confusion, and to the extent possible, if using “day” as defined in Part 2, recommend use of “day” throughout the PWS.)

CDRL A001 Quality Control Plan (QCP), DI-QCIC-81794A

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within (Insert number of days). If the Government has provided comments, the Contractor shall then have (Insert number of days) to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than (Insert number of 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 the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

(e) How the Contractor will ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control);

(f) How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials;

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

(h) How the Contractor will file and save all Quality Control related documents for the life of the contract 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 (Insert number of days - 30 days is frequently used) upon completion of each option period or Task Order.

CDRL A001 Quality Control Plan (QCP), DI-QCIC-81794A

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within (Insert number of hours and specify clock hours or working hours) of identifying those issues. Verbal reports shall be followed up by written reports within (Insert number of days).

CDRL A001 Quality Control Plan (QCP), DI-QCIC-81794A

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government 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 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. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: (As applicable to OCONUS requirements) Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

(If applicable, select the holidays observed in the region(s) associated with this PWS. Please note that local and Host Nation holidays occur in the region/state where contract performance takes place and may vary per region. Not all local holidays apply to all regions and there may be other holidays which may not be listed below which will require the RA to add them.)

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 generally 0600 to 1800 except during U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Contractor Support Hours: The Contractor shall provide support between the hours of (Insert the hours that the Contractor shall provide support (e.g. 0600 to 1800), the days (e.g. Monday through Saturday) and state whether the facility is open or closed during local or national emergencies, administrative closings, or similar Government directed facility closings.). The Contractor shall maintain an adequate workforce at all times, 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 is essential.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Government facilities, Contractor facilities, and Remote locations. Primary Government sites include Orlando, FL, and Redstone Arsenal, AL (including 24/7 operations). Additional Government sites include: Fort Campbell, KY; Fort Hood, TX; Fort Drum, NY; Fort Irwin, CA; Fort Polk, LA; Fort Rucker, AL; Fort Bragg, NC; Hohenfels, Germany; and Camp Humphreys, South Korea. .

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

1.6.1 Security Program: The contractor must possess a Top Secret Facility Clearance (FCL) with no storage requirements to perform security and access control functions within Government provided spaces The security requirements are IAW with the DoD Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link: http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf (The RA's unit security monitor is responsible for initiating this form.)

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must be eligible for a personnel security clearance from the Secret up to Top Secret/SCI level in the Defense Information System for Security (DISS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the DoD Contract Security Classification Specification DD Form 254. (The RA's unit security monitor is responsible for initiating this form.) The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with FAR 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the DoD Security Agreement (DD Form 441), and the NISPOM rule at 32 Code of Federal Regulation (CFR) Part 117, effective 24 Feb 2021. The NISPOM is the National Industrial Security Program Operating Manual to which contractors must implement and comply.

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized (if applicable include OCONUS wording “by Host Nation law to work in that country”). Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings 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.

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 contract is completed or when a Contractor employee no longer requires access.

(if additional information, to include OCONUS host nation language resources if applicable, are available the Requiring Activity (RA) will insert document any website links where information may be found online. All documents and regulations shall be listed in Part 6.)

1.6.3.1 Installation Pass Log: (Insert RA’s specific access control requirements, if any.) (If the RA’s requirement does not address the subject below, the RA shall include the following “ In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within (Insert number of days - three (3) calendar days is frequently used) after contract award). The log must at a minimum contain the following information (RA shall insert information required in this log). 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.

CDRL A002 Contractor’s Progress, Status, and Management Report, DI-MGMT-81928

1.6.3.2 Individual Termination or Expiration of Employment: 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 (RA to insert number of days) .

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within (Insert number of days).

1.6.3.4 Common Access Cards (CAC) and CAC Log: (If required for performance of services and as applicable) The Contractor shall provide the following information: Last, First and Middle Names, government issued 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) and any other necessary information required to obtain a CAC or installation access card, to the COR with (insert number of days) after award (unless circumstances require otherwise and as directed by the Contracting Officer) ({Insert Deliverable #}). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.5.

The Contractor shall provide a CAC log within the (Insert number of days - first 30 calendar days is frequently used) after contract award and within five (5) days after changes have been made ({Insert Deliverable #}) (unless circumstances require otherwise and as directed by the Contracting Officer). 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.

CDRL A002 Contractor’s Progress, Status, and Management Report, DI-MGMT-81928

1.6.4 Background Checks: (Applicable to CONUS and OCONUS requirements, the RA shall consult with the responsible Security Office and Activity Manager applicable to location(s) associated with this PWS and identify the level of background check, supported by the applicable regulation(s).)

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S (and host nation if OCONUS) background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. 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 Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within (Insert number of days) of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within (Insert number of hours or days) of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

CDRL A002 Contractor’s Progress, Status, and Management Report, DI-MGMT-81928

1.6.4.2 Local Nationals and Third Country Nationals: (For locations and work performed OCONUS, RA shall consult with the responsible Security Office and Activity Manager applicable to location(s) associated with this PWS.)Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager current documents required for working on a US installation, no later than (Insert number of days – for example, “no later than five (5) days after contract award … or … during the post-award meeting, etc”.) ({Insert Deliverable #}). Forwarding correspondence from the Contractors shall identify the associated contract number. (Sample OCONUS wording for work performed in Germany, edit as appropriate for applicable country/countries – “The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within (Insert number of hours or days) of receipt, identifying such with the appropriate contract number. Local nationals and 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, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable”).

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. (If performing in a Government facility, the RA shall insert the following sentence: “At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13.”)

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. (If applicable the following language may be tailored as needed and added to this paragraph- “Government issued access badges shall not be worn outside designated facilities where visible to the general public”).

1.7 Key Control: (If applicable)The Contractor shall establish and implement methods of making sure 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 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 Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, 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 Contracting Officer. 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.

CDRL A001 Quality Control Plan (QCP), DI-QCIC-81794A

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 Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer 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 Contract 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 Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. 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 contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, 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 contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Agile Program Manager. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than {Insert number of days – for example, “no later than five (5) days after contract award … or … during the post-award meeting, etc.”} . (Acceptance of the CV by the Contracting Officer is required before these individuals are permitted to perform any task on this contract.) The Contract Manager and Alternate Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Program Manager or Alternate Program Manager shall be available between {Insert the applicable hours, days, etc. that have been identified in paragraph 1.6.4}. Qualifications for all key personnel are listed below:

a. Agile Program Manager: {Insert the qualifications for all key personnel} For example, “although not intended to be language specifically for the RA to use, the following serves as a launch pad to assist in writing the requirement, “Program Manager and Alternate Program Manager: The CV provided by the Contract Manager and Alternate Contract Manager must demonstrate successful completion of 24 semester hours in mathematical, engineering, and quantitative analysis courses; 15 or more years cost analysis experience; and familiarity with Defense Department Data Sources (e.g. cost and software data reporting, Earned Value Management (EVM), etc.…” or “…must demonstrate a minimum of 5 years’ experience with 1 of those years within the past 3, working as a Program Manager...”

A003 – Key Personnel Resumes, DI-MISC-80711A

1.11 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, to include proper marking of signature blocks in correspondence, 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.

1.12.1 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) (For example, although not intended to be language specifically for the RA to use, the following serves as a launch pad to assist in writing stricter requirements for identification badges, “The Contractor (to include 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 contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes.)

1.13 Contractor Travel: (If applicable) (For example, “The Contractor may be required to travel {insert travel locations this may include specific locations CONUS and/or OCONUS} during the performance of this contract to attend meetings, conferences, and training. The Contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS.”) (If travel is required, the following must also be included) The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract. All travel requires Government approval and authorization {Insert number of days} prior to scheduled travel. {Insert any other travel requirements} (For proposal purposes, a not to exceed amount for travel can be established or the RA include in the Independent Government Cost Estimate ( IGCE) and the workload summary, a projected listing of travel locations to include frequency and number of persons required to travel so the offerors can provide pricing.)

1.14 Other Direct Costs (ODCs): (If applicable on non-commercial contracts) {Insert other direct costs (ODCs)} For example, “This category includes travel (outlined in 1.13), printing and shipping expenses associated with training activities and visits to Contractor facilities.” – Please note that this could also entail the renting of suitable training venues. Inclusion of ODCs in this PWS must be preapproved by the Contracting Officer.

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this 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 Contracting Officer. 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.

1.16 Non-Disclosure Requirements: Performance under this 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 work statement 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 Contracting Officer. 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.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital 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 10 days prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

CDRL A004 Non-Disclosure Statements, DI-MISC-80711A

1.19 Organizational Conflict of Interest (OCI) and Broad Scope Exclusion: Contractor and subcontractor 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 Contracting Officer 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 Contracting Officer 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 Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer 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.

a. Proximity to Inherently Governmental Functions & Sensitive Information: Contractor personnel will provide independent advisory and analytical support to Government decision-makers. While they will support activities adjacent to inherently governmental functions (such as providing market research for requirements packages, conducting technical analysis of alternatives, and consolidating data for acquisition planning), the Government retains sole authority for finalizing requirements, establishing technical direction, and approving all acquisition plans. Contractor personnel shall not perform inherently governmental functions, nor provide labor categories or staffing constructs that imply Government authority. The Government remains the final decision-making authority on all acquisition, technical, and programmatic matters.

b. Organizational Conflict of Interest (OCI) and Competitive Exclusion: Pursuant to FAR 9.507-1, the Government recognizes that this advisory role creates potential Organizational Conflicts of Interest (OCI) related to biased ground rules and impaired objectivity. As a baseline to neutralize these risks, the Contractor (including its prime entity, subcontractors, joint venture partners, and all corporate affiliates) shall be excluded from participating as a prime contractor or subcontractor on any current and future CPE ST3 competitive product development, hardware manufacturing, software integration, testing, fielding, and support opportunities. This baseline exclusion shall remain in effect for the life of this task order, inclusive of any option periods, extensions, or transition-out phases, plus one (1) year from the final date of contract performance.

c. OCI Mitigation and Firewall Exemption: While the baseline exclusion applies corporately, the Contracting Officer, at their sole discretion, is willing to review and approve formal, written OCI Mitigation Plans that request an exemption for specific subcontractors or distinct corporate business units. The burden of proof rests solely and entirely on the Contractor to demonstrate that an impenetrable firewall exists. To be considered satisfactory to the Contracting Officer, the Contractor’s Mitigation Plan must definitively demonstrate total organizational, physical, and digital separation to guarantee that no proprietary data, source selection information, or strategic acquisition insights can cross the firewall. This must include, at a minimum: separate corporate governance, independent business development pipelines, isolated digital networks (including email, document repositories, and chat platforms), and physical security protocols. The Government reserves the right to reject any Mitigation Plan that fails to reasonably and satisfactorily resolve the potential OCI to the satisfaction of the Contracting Officer and will not make an award that results in an unmitigated OCI.

d. Access to Planning, Programming, Budgeting, Proprietary and/or Source Selection Information: Contractor and subcontractor personnel performing work under this contract will 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 Organizational and Consultant Conflicts of Interest (OCI) as defined in FAR Subpart 9.5 and DFARS 209.5. This access creates a severe potential for an unfair competitive advantage.

CDRL A005 OCI Mitigation Plan, DI-MISC-80711A

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 {Insert the time period, i.e., sixty (60) day, thirty (30) day, etc.} phase in/ phase out periods. 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. To minimize disruption to productivity, the contract shall deliver a Transition-Out Plan. The Initial draft is due 90 days prior to contract expiration and final due 60 days prior.

CDRL A006 Transition-Out Plan, DI-MGMT-81945

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

(For CONUS and OCONUS locations, RA shall consult with the responsible Safety Officer and Activity manager assigned to performance location(s) – Sample narrative provided below may be used and edited as applicable. Some content is applicable and specific to GERMANY and ITALY construction contracts, repair and maintenance contracts, and all installation/base maintenance solicitations and contracts that include a repair and maintenance feature.

CDRL A007 System Safety Hazard Analysis Report, DI-SAFT-80101C

1.21.1 (OCONUS - Host Nation)Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

Sample OCONUS-Germany language “ In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.”

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. OCONUS Narrative and may be edited for CONUS use -For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan…