SOLICITATION_AMENDMENTW911N2-19-R-0028-0002.pdf

SHAUN LEATHERMAN

LETTERKENNY CONTRACTING OFFICE

1 OVERCASH AVENUE CCAM-ALK

717-267-5536

CHAMBERSBURG PA 17201-4150

SEE SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to revise the PWS, add verbiage to CLIN 0003, and remove clauses associated to Government Furnish Property.

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 36

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

16C. DATE SIGNED

BY 03-Sep-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911N219R0028

X 9B. DATED (SEE ITEM 11)

23-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

03-Sep-2019

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N219R0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 03-Sep-2019 12:00 PM to 04-Sep-2019 12:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0003

The CLIN extended description has changed from:

THE CONTRACTOR SHALL INVOICE MEDICAL, AND TRAVEL EXPENSES AS ACTUALS. TRAVEL

SHALL BE IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS (JTR). PAYMENT WILL BE

MADE IN ACCORDANCE WITH ACTUAL TRAVEL EXPENSES PERFORMED AND

REVIEWED/APPROVED BY THE CONTRACTING OFFICER REPRESENTATIVE(COR) SEE PWS 1.4.11,

1.4.20.2

To:

NOTE: NO PRICING NEEDED FOR THIS CLIN, ODC CEILING PRICE ESTABLISHED BY THE

GOVERNMENT. THE CONTRACTOR SHALL INVOICE MEDICAL, AND TRAVEL EXPENSES AS

ACTUALS. TRAVEL SHALL BE IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS (JTR).

PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL TRAVEL EXPENSES PERFORMED AND

REVIEWED/APPROVED BY THE CONTRACTING OFFICER REPRESENTATIVE(COR) SEE PWS 1.4.11,

1.4.20.2

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

Letterkenny Contract Labor Workforce

1.0 General: This is a non-personal services contract to provide labor support. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform the Maintenance Manufacturing Recapitalization and Reset, Modernization and Technical Support; Weapon Systems Maintenance; Logistical Services in support of Production Management; support of Logistical Modernization Program (LMP); and Information Technology support as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: This performance work statement (PWS) establishes the general requirements for contractor provided augmentation labor to support Letterkenny Army Depot (LEAD) located in Chambersburg, Pennsylvania.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months. The Period of Performance reads as follows:

1.3.1 Base Year: 1 October 2019 to 30 September 2020

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which they assure that work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary.” After acceptance of the QC Plan, the contractor shall obtain the Contracting Officer’s acceptance in writing of any proposed changes to his QC program.

1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) provided as Technical Exhibit 1. 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 acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days unless otherwise directed/approved by the KO:

1.4.3.1 New Year’s Day: January 1

1.4.3.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.3.3 President’s Day: Third Monday in February

1.4.3.4 Memorial Day: Last Monday in May

1.4.3.5 Independence Day: July 4

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: Second Monday in October

1.4.3.8 Veteran’s Day: November 11

1.4.3.9 Thanksgiving Day: Fourth Thursday in November

1.4.3.10 Christmas Day: December 25

1.4.3.11 The Depot recognizes a regular closure day which occurs every other Friday. When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.4 Place and Performance of Services: Currently there are about 80 cost centers at LEAD. All cost centers have at least two shifts; some cost centers have a third shift. The contractor shall provide services for two shifts between the hours of 0530 to 2330 on Monday through Friday except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. However, a third shift may be necessary for these cost centers depending on government requirements, including work on the weekends. The contractor shall provide services for three shifts between the hours of 0530 to 0529 on Sunday through Sunday. Performance shall be at Letterkenny Army Depot.

The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. If the contractor’s employees fail to work the required hours or fail to perform the required duties, corrective actions shall be taken by the Letterkenny Contracting Office in the form of either, but not limited to, a show cause notice, cure notice or contract termination.

1.4.5 Security Requirements: The contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

Contractor personnel performing work under this contract must have a minimum in certain facilities of Secret prior to commencement of work under this contract, and must maintain the level of security required for the life of the contract. Performance of work will require access to classified information or equipment, the security requirements are in accordance with the attached DD254

1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.5.2 Required Annual Training: Contractor personnel shall complete the annual training sessions as required (not limited to); the training shall be completed within 30 days of notification that the training is required:

1.4.5.2.1 Ethics Training for Employees

1.4.5.2.2 Hazard Reporting Process (HRP) Training

1.4.5.2.3 VPP - Great Employees that Made VPP Work

1.4.5.2.4 Information Assurance (IA) Awareness Course and Test

1.4.5.2.5 Workplace Violence Prevention

1.4.5.2.6 Anti-Terrorism Level 1 Training

1.4.5.2.7 Threat Awareness and Reporting Program (TARP)

1.4.5.2.8 Security Awareness Training

1.4.5.2.9 Information Security

1.4.5.2.10 Operation Security (OPSEC)

1.4.5.2.11 Combat Trafficking in Persons (CTIP)

1.4.5.2.12 Composite Risk Management

1.4.5.2.13 Army Suicide Prevention Program

1.4.5.2.14 Anti-Discrimination and Retaliation Training - No FEAR Act

1.4.5.2.15 Sexual Harassment/Assault Response Prevention

1.4.5.2.16 I Watch Training

1.4.5.3 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.4.5.4. iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local 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 or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – http://www.letterkenny.army.mil/iwatch.html; select "Contractor AT/OPSEC Resource."

1.4.5.5 All contractor employees and associated sub-contractor employees with access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and shall successfully complete the DOD Information Assurance awareness training prior to access to the IS and then annually thereafter.

1.4.5.5.1 All contractor employees and associated sub-contractor employees shall complete the DoD Information Assurance awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01- M and AR 25-2 within six months of employment.

1.4.5.5.2 Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award, and provide the certificate within 14 days of POP to the Government Information Assurance office for uploading to the Army Training and Certification Tracking System

(ATCTS).

1.4.5.5.3 The Government will incur no expenses for contractors to obtain certifications.

Contractor personnel who do not have proper and current certifications shall be denied access to DOD information systems for the purpose of performing information assurance functions. The contractor shall provide replacements for personnel found not to be compliant with certification requirements within one (1) week of notification by the Contracting Officer’s Representative (COR) at no additional cost to the Government. Contract personnel found not to have a current Secret clearance shall be replaced within one (1) week of notification to COR at no additional cost to the Government.

1.4.5.6 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5.7 OPSEC SOP/Plan: The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan and provide it to the COR or the contracting officer within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.4.5.8 Classified Information: For Contracts That Require Handling or Access to Classified Information.

Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.4.5.9 Protection of Personally Identifiable Information (PII)

1.4.5.9.1 The contractor shall adhere to regulations as sited in NETCOM Regulation 25-56, Personally Identifiable Information. The work under this contract requires the contractor to have access to personally identifiable information about an individual (herein after referred to as “PII”), the contractor shall after receipt thereof, treat such PII as confidential and safeguard such information from unauthorized use and disclosure. The contractor agrees not to appropriate such PII for its own use or to disclose such information to third parties unless specifically authorized by the Government, in writing.

1.4.5.9.2 The contractor agrees to allow access only to those employees who need the PII to perform services under this task order/agreement and agrees that PII will be used solely for the purpose of performing services under this

Agreement. The contractor shall ensure that its employees will not discuss, divulge or disclose any such PII to any person or entity except those persons within the contractor’s organization directly concerned with the performance of the task order/agreement.

1.4.5.9.3 The contractor shall report immediately to the Information Assurance Manager / Privacy Office and to the COR discovery of any Privacy breach. Protected PII is an individual’s first name or first initial and last name in combination with any one or more of the following data elements including, but not limited to: social security number; biometrics; date and place of birth; mother’s maiden name; criminal, medical and financial records; and educational transcripts.

1.4.5.9.4 In accordance with the Privacy Act of 1974 § (m) (1) contractors supporting an agency shall be considered to be an employee of an agency. As such all contractors will be required to take Privacy training, provided by the agency, upon hiring, and annually. Additional specialized training may also be required.

1.4.5.10 Protecting Controlled Unclassified Information (CUI): When Controlled Unclassified Information (CUI) is to be provided to, or generated by, DoD Contractors, dissemination controls and protective measures will be included in pertinent contract documents such as the contract clause, performance work statement, and DD Form 254 (DOD contract security classification specification). DD Form 254 is required by Federal Acquisition Requirement (FAR) and will be prepared by the Industrial Security Specialist and the COR following the guidance provided in DD Form 254 preparation guide. Contractors shall not disclose any information outside of the contractors without approval of the army contracting activity (e.g., Clause 252.204-7000 of the Defense Federal Acquisition Regulation Supplement). The clause will apply to all subcontractors.

1.4.5.11 FOR OFFICIAL USE ONLY (FOUO). The contractor shall comply with DoD 5400.7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program requirements and AR 25-55, Chapter III and Chapter IV, The Department of the Army Freedom of Information Act Program. These regulations set forth policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

1.4.5.12 Proprietary Information: Information and materials developed at LEAD are considered business sensitive and must be protected from unauthorized disclosure. This information is the sole property of LEAD and must not be revealed or used except in contract performance. Distribution is limited to authorized US Government agencies and identified Contractors. Contractor personnel must receive prior authorization to disseminate LEAD information.

1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount. Lights will be used only in areas where and at the time when work is being performed.

1.4.7 Special Qualifications: The contractor shall ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they will be serving.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting 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. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.10 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor shall also ensure that all contractor personnel obtain and wear badges and wear specific identifiable uniform/clothing in the performance of this contract. Contractor personnel wear a Government issued identification badge provided by LEAD. During which time, safety restrictions may require the Government badge be removed while working, specific identifiable company uniform/clothing must be worn. Government badge must be worn in plain view, above the waist, when away from the job site. Failure to do so is a violation of security regulations and may result in disciplinary action.

1.4.11 Contractor Travel: The contractor shall travel on a limited basis and must comply with the Joint Travel Regulation JTR. Travel is only within the United States, (Red River Army Depot, Tobyhanna Army Depot, Corpus Christi Army Depot and Anniston Army Depot). Travel during the performance of this contract is required to attend meetings, conferences, perform maintenance services, on a very limited occasion to support Letterkenny Army Depot operations within the United States. The contractor shall be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires COR recommendation for approval and authorization by the KO prior to travel arrangements being made.

1.4.12 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/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.

1.4.13 Organizational Conflicts of Interest (OCI): The 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 OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.14 Phase In / Phase out Periods: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on boarded during the 30 day 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.

1.4.15 Remote Access: The contractor shall ensure that employees understand that remote access into the Letterkenny Army Depot Network from employee-owned information systems (EOISs) for remote management activities is not authorized per AR 25-2, paragraph 4-31(g).

1.4.16 Training of Contractor Employees: The contractor shall provide employees with the required core skills to perform their job duties. Otherwise, training to build or maintain expertise of contractor employees assigned to this contract shall be provided by the contractor at its own expense except when the Government has given prior approval for training to meet special requirements that are peculiar to a particular task. Limited training of contractor employees may be authorized when the Government changes IT/IM software or hardware during the performance of an ongoing task and it is determined to be in the best interest of the Government.

1.4.16.1 Contractor employees shall attend seminars, symposiums, or user group conferences only if the Government certifies that attendance is mandatory for the performance of the task requirements and the COR approves such training in advance. Reimbursement for training shall not be authorized for replacement contractor employees; for the purpose of keeping contractor employees abreast of advances in the state of the art; nor for training contractor employees on equipment, computer languages, or computer operating systems that are available on the commercial market.

1.4.16.2 The contractor shall have full responsibility for keeping contractor employees trained and abreast of advances in the standard commercial and network technologies or any other requirement implemented in the Agency.

1.4.17 Conduct and Behavior: IAW DoD Directive 5200.8, “Security of DoD Installations and Resources” and under the authority of 18 USC 1382 (1972), AR 210-10, and Paragraph B-15, Appendix B of AR 380-49 for conduct determined contrary to good order, discipline, or Installation security, the LEAD Commander has broad authority to remove or exclude any person or persons from the military installation to protect personnel and property, to maintain good order and discipline, and to ensure the uninterrupted and successful performance of the installations mission.

In the exercise of this authority, the commander may refuse to grant entry or may bar Contractor employees. Refusal of entry or barment of any employee does not relieve the contractor of the responsibility to continue performance under this contract.

1.4.17.1 The contractor shall not employ persons for work on this contract if such employees are identified to the contractor by the Government as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation, failure to obey orders or regulations, fighting, horseplay, stealing, illegal drugs (using/transporting/selling), consuming or being under the influence of alcohol, or being in the possession of illegal weapons are prohibited and subject to appropriate penalties. This may include being detained, banned from entering the Government facility, or remanded to civilian authorities.

1.4.17.2 All personnel entering and working at LEAD are subject to all rules, regulations, and applicable laws. All personnel and their effects are subject to search, to include vehicles and company belongings.

1.4.17.3 No person shall willfully fail or refuse to comply with lawful orders or direction of any civilian security police officer or military security police officer.

1.4.17.4 All Contractor personnel will limit their travel on the installation only to specific areas required for performance of the contract, specified break and meal areas, or in travel directly to and from these locations.

Employees found on the installation away from the specific areas required for performance of the contract, specified break and meal areas, or in travel directly to and from these locations may be detained and/or debarred from the installation.

1.4.17.5 Privacy Act: Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable Agency rules and regulations.

1.4.18 Personnel Removal: The Government rules, regulations, laws, directives and requirements which are issued during the contract term relating to law and order, Installation administration, and security on the Installation will be applicable to all Contractor employees or representatives who enter the Installation. Violation of such rules, regulations, laws, directives or requirements will be grounds for removal (permanently or temporarily as the Government determines) from the work site. The security personnel/military police may require the contractor to remove any employee, working under this contract, for reason of misconduct or security. Contractor employees will be subject to dismissal from the premises upon written determination by security that such action is necessary in the interest of the Government. Removal of employees does not relieve the contractor from total performance of tasks herein.

1.4.19 Release from Work: LEAD mission requirements often result in a reduction or surge in contractor staff supporting this contract. Oftentimes contractor staff are temporarily released or permanently released in support of this contract due to evolving program requirements. Contractor shall be prepared for a constant turnover throughout the life of the contract due to the nature of the many programs supported at LEAD. If feasible, the government will provide a minimum of 60 days of written notification (in accordance with the WARN Act) prior to requiring the release of any contractor employees. Whenever contractor staff is temporarily released, the contractor will have 48 hours to complete their recall of these employees once notified by the government COR that they are authorized to return to work.

1.4.20 Government Requested Drug Screening: The CO or COR shall have the express right to request random urine drug screenings at any time during Contract performance. Random screenings shall be conducted by the COR drawing a name from a container that has the names of all contractors on duty at the time of the drawing. A representative of the contractor shall be in attendance at the drawing. Tests will be conducted at an appropriate facility of the Government’s choosing. The contractor shall pay the Contract employee the normal hourly rate/salary for all time off given to the employee for taking the screening.

1.4.20.1 The CO or COR shall have the express right to request targeted urine drug screenings where there is a reasonable belief by the Government that the Contract employee(s) may be under the influence of, or using illegal substances. Targeted screenings shall be conducted in a similar fashion to random screenings, with the exception that the COR will advise the CO in writing that he/she requests a drug screening of a specific contract employees.

Once the written request is received from the CO or COR, the PM should make arrangements for the test to be conducted as soon as possible and within 3 working days. The contractor shall pay the Contract employee the normal hourly rate/salary for all time off given to the employee for taking the screening.

1.4.20.2 Contract employees who undergo either random or targeted urine drug screenings may continue working under the Contract until the results have been provided to the contractor. In the event that the results of a targeted urine drug screening are negative, the Government shall bear the expense of the screening.

(NOTE: this does not apply to the pre-employment urine drug screening). The contractor shall invoice the Government for the actual cost of the drug screening plus the hourly rate paid to the Contract employee(s) to take the test. In the event that the results are positive, the contractor shall immediately remove the Contract employee(s) with a positive reading from the Contract and immediately inform the COR and CO of the result and the employee’s removal from the Contract. Additionally, the contractor shall bear all the expenses relating to the test for the employee(s) with the positive reading.

1.4.20.3 Contract employee must submit to urine drug screening as part of initial pre-employment process and during recurring medical examination, every three years.

1.4.20.4 Drug screenings shall conform to current U.S. Department of Army Regulation and Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Mandatory Guidelines for Federal Workplace Drug Testing Programs”.

1.4.20.5 Contractor must use laboratories listed on SAMHSA’s “Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies”.

1.4.20.6 Contractor shall not permit an applicant/employee to take multiple tests in order to receive an acceptable reading.

1.4.20.7 Contractor shall perform random drug screenings of 10% of all Personnel assigned to this contract over a 12-month period.

1.4.20.8 Contractor shall immediately remove contract employee(s) from contract and immediately inform COR and CO of results when a verified positive reading is received.

1.4.20.9 Contractor shall provide quarterly reports detailing frequency and results of random drug screenings to COR on 10th day of January, April, July, and October.

1.4.20.10 Government will notify the contractor PM and permanently disqualify any contract employee who undergoes either a random or Government-requested urine drug screening and receives a verified positive (meets or exceeds cutoff levels) for any substance(s) from working under this or any other services contract.

1.4.21 HSPD 12: Contractor performance is restricted to Letterkenny Army Depot (LEAD). Security classification guidance is not required for performance of this contract. Contractor and subcontractor(s) Facility Security Officer(s), as applicable, are required to post and maintain a PERM CERT visit request in JPAS to Security Management Office (SMO) code W0L6AA for employees performing on this contract that require a security clearance. No work shall be performed on this contract until the proper facility clearance and personnel security clearances have been obtained. FSO will provide a monthly roster to DRSK, Industrial Security Specialist for ALL employees to support implementation of Homeland Security Presidential Directive 12 (HSPD 12). Roster will contain complete names to include cadency, as applicable; social security numbers; dates of birth; places of birth;

and citizenships. CAC-eligible employees will be vetted in accordance with Army Directive 2014-05. DRSK, Personnel Security Specialist will process National Agency Check with Written Inquiries (NACI) investigations.

1.5 Secret Facility Clearance: The contractor shall possess or be eligible to receive and maintain a SECRET facility clearance from the Defense Security Services. The contractor’s employees, performing work in support of this contract shall have been granted a SECRET security clearance from the Defense Industry Security Clearance Office.

1.5.1 The contractor shall be required to access the LEAD’s IT network to reference technical manuals and part information. LEAD security requirements mandate that access to the network domain will be limited to U.S.

Citizens only. Approximately 50% of the contractor personnel workforce will require SECRET clearance. This will vary by cost center assigned and job classification. All other contractor personnel require a security background check (NACI).

1.5.2 The contractor and all associated sub-contractor’s employees shall be required to have 100% of a Common Access Card (CAC). The contractor shall coordinate the issuance of CAC’s in conjunction with LEAD Security Personnel and the COR. The contractor will be compensated for the employee’s time during the issuance of CAC’s.

1.5.3 The contractor and all associated sub-contractor’s employees operating their personal vehicle on LEAD shall have current/valid registration, inspection and insurance. Subject to inspection at all times on the depot. The contractor and sub-contractor employees must register their vehicles through depot security. The contractor will not be compensated for the employee’s time when they register their vehicles.

1.5.4 Contractor shall complete the following in-processing tasks at no direct cost to the Government. Contract personnel will not be allowed on LEAD facilities until in-processing procedures are completed.

1.5.4.1 Complete Standard Form 85P –Questionnaire for Public Trust Positions

1.5.4.2 A background check verifying that an employee is suitable for Public Trust Positions

1.5.4.3 Contractor shall provide verification of a passing drug screen of all on-site personnel.

1.5.4.4 Contractor shall ensure all personnel accessing information systems will have the proper and current information assurance certification to perform information assurance functions in accordance with Department of Defense Directive (DODD) 8570.01–M, Information Assurance Workforce Improvement Program. At a minimum, all personnel shall have the required certifications for IAT-I or IAT-II. The contractor personnel shall obtain and maintain the appropriate baseline certification and computing environment certification (CE) upon contract award, and provide the certificate within 14 days of POP to the Government Information Assurance office for uploading to the Army Training and Certification Tracking System (ATCTS). The Government will incur no expenses for contractors to obtain certifications, to include time charged to obtain certification. Contractor personnel who do not have proper and current certifications shall be denied access to DOD information systems for the purpose of performing information assurance functions. The contractor shall provide replacements for personnel found not to be compliant with certification requirements within one (1) week of notification by the Contracting Officer’s

Representative (COR) at no additional cost to the Government. Employees found not to have a current Secret clearance shall be replaced within one (1) month of notification by COR at no additional cost to the Government.

1.5.4.5 Pre-Employment Check: The contractor must ensure that each person proposed to be employed on this contract completes a comprehensive pre-employment check which will be used to determine suitability for employment on the basis of qualifications for the job. The contractor must also furnish a certificate to the Government stating that the investigation was made, as well as the results. This certification may be provided either in the form of a letter or on a Contractor provided form.

1.5.4.5.1 Security Requirements: Unless otherwise specified, the contractor shall submit to the COR no later than the contract start date a complete suitability packet for every employee working on this contract or anyone who will have access to the facilities covered by this contract.

• FD-258- Finger print card (2 per person)

• Attachment C-EQIP Initiation Form

• HHS-745 –Badge Request Form

• Original Birth Certificate

• Original HS Diploma, GED or equivalent*

• Original Naturalization Papers

• DD-214 member 4 copy

• Domestic Violence form

• Proof of work experience

• Copy of two forms of ID (one must be state issued)

*The COR may grant exceptions on a case by case basis for this requirement.

1.5.4.5.2 This documentation shall also be submitted for replacement employees before entrance on duty. If the COR finds a prospective employee unsuitable or unfit for his/her assigned duties, the contractor shall be advised immediately that such employee cannot continue to work or be assigned to work under the contract. At the discretion of the COR, the employee may be immediately removed from duty.

1.5.4.5.3 This documentation shall also be submitted for replacement employees before entrance on duty. If the COR finds a prospective employee unsuitable or unfit for his/her assigned duties, the contractor shall be advised immediately that such employee cannot continue to work or be assigned to work under the contract. At the discretion of the COR, the employee may be immediately removed from duty.

1.5.4.5.4 Unless requested to do so by the COR, employees cleared through this process while employed by the current contractor, and as long as a Certificate of Investigation is available and not more than three years old, the new Contractor is not required to submit another set of forms.

1.5.4.5.5 The Government shall have and exercise full and complete control over granting, denying withholding, or terminating suitability for employees. The Government may, as it deems appropriate, authorize and grant temporary suitability to employees of the contractor.

1.5.4.5.6 However, the granting of temporary suitability to any such employee shall not be considered as assurance that full suitability will follow as a result or condition thereof, and the granting of either temporary or full suitability shall in no way prevent, preclude or bar the withdrawal or termination of any such suitability by the Government. If at any time anyone working on this contract is in violation of the Gun Control Act of 1968 or the Lautenberg Amendment they will be removed from the contract immediately.

1.5.4.5.7 All applicable forms must be completed by each designated employee. Temporary suitability will be granted by the SSB for a period of six (6) months from the date of the granting of such suitability or the issuance of the SSB, contract employees Certification Card. All contract employees working under this security contract after the expiration of the six (6) month temporary suitability, who have yet obtained a final suitability, will be dismissed from further work until such time as full suitability determination has been completed. This requirement applies Minimum Background Investigation (MBI) conducted by SSB.

1.5.4.5.8 The Government shall provide the contractor with the appropriate address to which the completed forms are to be forwarded.

1.5.4.5.9 The contractor is responsible for renewing their employees’ suitability prior to its expiration. The contractor shall submit a new suitability package at least 30 (thirty) days prior to the current suitability expiration date. The contractor Facility Security Specialist shall submit the package to Letterkenny Security which will then be submitted to the Department of Defense, Aberdeen, Maryland. NO WAIVERS SHALL BE GRANTED

REGARDING SUITABILITIES OR ADJUDICATION PACKET REQUIREMENTS.

1.5.4.5.10 Suitability Requirements: Personnel performing directly or indirectly on this contract may have a requirement to obtain a suitability determination conducted by Government.

1.5.4.5.11 Contractor is responsible for ensuring PSOs, Key Personnel, and any other company officers that visit work sites, receive formal suitability adjudication by LEAD.

1.5.4.5.12 Contractor shall have contract employees and Key Personnel provide required information and documents to COR within 10 calendar days after contract award and shall have all other personnel provide the required documentation as soon as practical.

1.5.4.5.13 Contractor personnel will not be able to perform under this contract until receiving a favorable suitability determination.

1.5.4.5.14 Contractor should plan paperwork submissions accordingly; standard processing time is generally 30 calendar days.

1.5.4.5.15 Government shall make all Contractor suitability determinations in accordance with criteria outlined in 5

CFR 731.202.

1.5.4.5.16 Contractor is responsible for renewing employees’ suitability clearance prior to expiration.

1.5.4.5.17 Contractor must remove contract employee(s) upon expiration of suitability clearance, until such time an updated favorable suitability determination can be made by LEAD.

1.5.4.5.18 Contractor shall submit suitability packages 45 to 60 days prior to current suitability expiration date.

1.5.4.5.19 Contractor must ensure forms submitted to LEAD are complete, legible, and accurate.

1.5.4.5.20 LEAD will return illegible or incomplete forms submitted, which may result in delays of adjudication process.

1.5.4.5.21 The Government will not be responsible for any delays which occur due to Contractor’s inability to submit complete, accurate, and legible forms.

1.5.4.5.22 Contractor shall use an electronic employment eligibility verification system (eVerify) to verify employment eligibility of:

a. Persons hired during contract term by Contractor, to perform employment duties within United States

b. Persons assigned by Contractor, to perform work within the United States on Federal contracts

1.5.4.5.23 Contractors shall use local, state, or Federal law enforcement sources to obtain readable fingerprints on appropriate fingerprint cards. Government encourages Contractor to use locations which use electronic fingerprint scanning machines.

1.5.4.5.24 COR shall have express authority to prohibit any employee from performing under contract until employee comes into full compliance with suitability criteria.

1.5.4.5.25 Contractor is responsible for all costs associated with obtaining and renewing suitability clearances for employee associated with this contract.

1.5.4.6 Unfavorable Determination:

1.5.4.6.1 COR shall immediately advise Contractor that an employee cannot work under contract if found to be unsuitable. Contractor shall in turn immediately remove employee from contract.

1.5.4.6.2 Contract employee or Contractor may appeal suitability determination through LEAD. In such cases where Contractor proceeds with hiring process, Contractor assumes risk until Government issues a final suitability determination.

1.5.4.6.3 Contract employee who receives adverse determination notice shall not work under this or any LEAD service contract; also applies to contract employees whose adverse adjudication is pending appeal.

1.5.4.6.4 Disqualifying information includes but is not limited to:

a. Conviction of a felony, a crime of violence, or a serious misdemeanor

b. Possessing a record of arrests for continuing offenses

c. Falsification of information entered on suitability background investigation forms

1.5.4.6.5 LEAD will provide Contractor an opportunity to refute, explain, clarify, or mitigate adverse or derogatory information uncovered during the suitability process.

Individuals receiving an unfavorable determination will receive formal notification that details the reason(s) for the determination.

1.5.4.7 Favorable Determination:

1.5.4.7.1 The Government shall make all Contractor suitability determinations in accordance with the criteria outlined in 5 CFR 731.202.

1.5.4.7.2 The COR shall have the express authority to prohibit any employee from performing under the contract until the employee comes into full compliance with all suitability criteria.

1.5.4.7.3 Age: All Contractor employees shall be a minimum of eighteen (18) years of age.

1.6.22 Other Responsibilities:

1.6.22.1 Traffic Rules and Regulations: The contractor shall abide by all traffic and parking rules and regulations.

Failure to abide may result in issuance of Government citations.

1.6.22.2 Visitors: Contractor personnel must clear all visitors in advance through the COR. Must fill out appropriate access form and submit to COR for security approval. This includes Contractor personnel and personal guests.