RFP_-_Attachment_5_Past_Performance_Letter_and_Questionnaire.doc

Department of the Army

U.S. ARMY CONTRACTING COMMAND

ABERDEEN PROVING GROUND

RESEARCH TRIANGLE PARK CONTRACTING DIVISION

p.o. box 12211 research triangle park, nc 27709-2211

REPLY TO

ATTENTION OF

CCAP-SCR

SUBJECT: Offeror Past Performance Assessment in Support of Request for Proposal (RFP) Number W911NF-15-R-0018 Dear Sir/Ma’am;

The US ACC-APG-RTP Division is currently conducting a competitive source selection to evaluate Offerors on subject RFP. As part of this evaluation, we have requested that the Offerors provide information about their past performance on recent (past 3 years) and relevant efforts. Relevant efforts are defined as services/efforts that are the same as or similar to the effort (as compared to the attached TSOC Performance Work Statement). You have been identified as the point of contact cited on the enclosure.

Your assessment of their performance is extremely valuable to our evaluation. Please complete the enclosure and return to the US ACC-APG-RTP Division via e-mail, no later than the proposal due date (October 9, 2015) 1600 in Durham, NC (Eastern Time). Your questionnaire may be submitted electronically to usarmy.rtp.rdecom-aro.list.nvesd-qrb-umc-source-selections@mail.mil.

Your cooperation is greatly appreciated. Questions may be directed to POC or the undersigned at (919) 541-1001.

Sincerely, Lisa Gregory

Contracting Officer Attached:

TSOC Performance Work Statement

Past Performance Evaluation Questionnaire Form – Attachment 5

Performance Work Statement (PWS) for

NVESD Theater Special Operations and Expeditionary Warfare Customer Support

January 2015

Mission/Vision Statement

Provide cutting edge technology to the warfighter.

1. Introduction

This requirement encompasses responsive support to the Theater Command Headquarters’ and Theater Component’s planning, organization, operations and reporting needs particularly as they respond to the NVESD Quick Response Branch customer set involved with expeditionary warfare and special operations. This support is provided to enable the NVESD Quick Response Branch and Unique Mission Cell to anticipate mission requirements and respond to them in a timely fashion.

RDECOM, CERDEC, NVESD is strongly focused on the Army Vision for the Transformation of the current to the Future Force. In order to provide the technology transition resulting in superior tactical sensors for tomorrow's warfighter, Night Vision's mission is to conduct research and development to:

• Provide U.S. Land Forces with Advanced Sensor Technology to Dominate the 21st Century Digital Battlefield;

• Acquire and Target Enemy Forces in Battlefield Environments;

• Detect and Neutralize Mines, Minefields, and Unexploded Ordnance;

• Develop Humanitarian Demining Technology;

• Deny Enemy Surveillance & Acquisition through Electro-Optic, Camouflage, Concealment and Deception Techniques;

• Provide for Night Driving and Pilotage; and

• Protect Forward Troops, Fixed Installations and Rear Echelons from Enemy Intrusion.

and deception; detect and neutralize mines, threat explosives, minefields and unexploded ordnance; provide for night driving and pilotage; and protect forward Warfighters, fixed installations and rear echelons from enemy intrusion. NVESD delivers ISR&T technologies that provide actionable information that enables Soldiers to be aware of their surroundings and to perform their duties more safely and with increased effectiveness. This operational insight provides tactical and strategic alternatives for mission success and mitigates the risk of surprise attacks.

The NVESD’s Unique Mission Cell is sponsored by the Assistant Secretary of the Army for Acquisition, Logistics and Technology to conduct assessment activities to enhance expeditionary warfare capabilities and guide Army S&T investments.

1.1 Background

RDECOM, CERDEC, NVESD is strongly focused on the Army Vision for the Transformation of the current to the Future Force. Additionally, the NVESD Quick Response Branch is organized to provide customer service to expeditionary warfare and special operations customers in the near-term.

Theater Combatant Commands (COCOMs), their related Theater Special Operations Commands (TSOCs), and their component units deploy throughout their theaters, supporting theater security cooperation, deliberate plans, and real world contingencies. Tasks range from rapidly deploying Joint Task Forces, conducting small unit exchanges, joint and combined training events, and operational deployments, fostering interoperability with host nation partners and facilitating strategic and operational objectives. Subordinate elements play a major role in counterdrug and humanitarian de-mining operations, and training host nation forces thereby increasing partner nation capabilities to defeat international terrorism, and to be fully prepared to meet emerging threats.

This contract shall enhance NVESD ability to engage with this critical customer group. It is intended to provide additional insight into plans and operations that will impact the technical areas and capabilities that NVESD will service and develop but particularly in the area of expeditionary warfare and special operations. These will be critical to the Army’s and Joint Service ability to conduct these activities and support other small unit operations in the near term and into the future.

To achieve this, the contractor must have broad capabilities, access to expansive personal and organizational networks, and in-depth understanding of the work environment. They must be provide superior service to these cutting edge warfighting headquarters, and be able to support the NVESD mission in providing advanced technology to those headquarters.

1.2 Scope

Provide organizational, administrative and technical personnel and equipment, as tasked, for COCOMs, TSOCs and other headquarters or command and control elements that are engaged in small unit operations, expeditionary warfare, or special operations. This support shall principally be assigned to the following areas: Intelligence, Operations, Logistics, Planning, Communications and Training.

2. General Requirements.

2.1 Supported Elements: Contractor will provide necessary support, as tasked, to enable or enhance COCOMs’, TSOCs’, or applicable command and control element’s ability to conduct their assigned tasks.

2.1.1 COCOMs, with their national and international partners, promote cooperation among nations, respond to crises, deter or defeat state and non-state aggression, and support development and/or reconstruction in order to establish the conditions for regional security, stability and prosperity.

2.1.2 TSOCs, established as sub-unified commands of the COCOMs, are the geographic commander’s sources of expertise in all areas of special operations, providing the CINCs with a separate element to plan and control the employment of joint Special Operations Forces (SOF) in military operations. Theater SOCs provide the planning, preparation, and command and control of SOF from the Army, Navy, and Air Force and ensure that SOF strategic capabilities are fully employed and that SOF are fully synchronized with conventional military operations. These special operations may include General Purpose Forces (GPF) under operational control (OPCON) to a SOC.

2.1.3 Other headquarters or sub-headquarters units may also be supported as tasked. These include, but are not restricted to Task Force Deployments and Crisis Response Elements.

2.2 Government - Contractor Relationships

a. The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the contractor and/or between the Government and the contractor's employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) be placed in a staff or policy making position.

(3) be placed in a position of command, supervision, administration or control over DA Military or Civilian personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

(5) be used in administration or supervision of military procurement activities.

c. Employee Relationships:

(1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor's employees will act and exercise personal judgment and discretion on behalf of the contractor.

(2) Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

d. Inherently Governmental

The Contractor shall not provide inherently governmental functions as defined in FAR 2.101 under this task order.

2.3 Identification of Contractor Employees

a. All contractor employees shall be identified as such by wearing badges at all times while performing work at Government facilities and when performing work for the Government under the scope of specific task orders at other installations or non-government sites to include attendance at meetings, seminars, etc. The badges may be either affixed to clothing or be displayed from a chain or other mechanism worn around the neck. Badges must include contractor's company name and employee's name. No other items may be placed on the badge.

b. Contractor workspace shall ensure that Federal employees and the public know that they are not Federal employees.

c. Contractor employees shall initially identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings/seminars or any other situations where their contractor status is not obvious.

d. Official contractor correspondence (written, facsimile, and email display) shall include their company name and any other documents or reports produced by contractors are identified as contractor products or contractor participation is disclosed.

2.4 Location and Hours of Work

The contractor shall commence work upon assignment of a specific task order by the Contracting Officer. The work shall be accomplished at the location specified in the task order. Specific work locations and hours, if applicable, will also be specified in the task order.

2.5 Travel / Temporary Duty (TDY)

Travel to other government facilities or other contractor facilities may be required and will be specified in each task order. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to local policy procedures), and is on a strictly cost reimbursable basis. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs (subject to local policy & procedures; may reference FAR).

2.6 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Such contractor employees shall be accountable solely to the Contractor who, in turn is responsible to the Government. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

3.0 Specific Tasks

3.1 Program Management

Performing contractor shall demonstrate and maintain a robust process for developing, planning, managing and oversight of the overall contract effort and task orders conducted under this contract. Contractor shall demonstrate exceptional competencies in developing innovative concepts within each of the campaign plan thrusts, advancing and validating the concepts, and applying them to emerging operational concepts and capabilities.

The contractor shall demonstrate particular competence and capabilities in providing necessary support to operational headquarters with expeditionary warfare and/or special operations responsibilities, and with transition of advanced technology prototypes and quick reaction equipping through these operational headquarters and/or elements.

The Program Manager (PM) shall have a Top Secret - Sensitive Compartmented Information (SCI) clearance or other clearance based on a background investigation that supports at least that level of access, e.g., TS/SBI.

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor must ensure they are in compliance with federal, state, and local laws and regulations and applicable international protocols.

3.2 Support Rapid Response Operational Insertion and Integration of CERDEC/NVESD Technologies.

The contractor shall provide technical capabilities that support ISR architecture, C4 network architecture, logistics and sustainment, training, assessments, mission support, force protection, de-mining, and other humanitarian assistance.

COCOM technology interests are influenced by the size, diversity and special needs of their Theater. Associated challenges include communications, logistics and the inherent difficulties and complexities of understanding the socio-cultural environment. The challenges and opportunities of collaborative, interagency partnerships, particularly with respect to information sharing and building partner capacity, are also important to COCOM capabilities and will be supported by this contract.

Performance Standards

a) STD: Solution is within widely accepted or other reasonable scientific and engineering standards in meeting assigned objectives.

b) STD: Solution is within the scope of the contract.

c) STD: CERDEC/NVESD technical efforts, as tasked, are successfully transitioned to capability or capability insertion and integration efforts.

d) STD: Tasks are completed IAW task order schedule.

e) STD: Objectives are well characterized and solution will be effective and address the operational realities of special operations and expeditionary forces.

3.3 Provide Headquarters or Command and Control Element Staff Support.

Provide technical support to the Staff or Joint Staff sections of the Headquarters as described in this section.

3.3.1 General Security Support and Administration: Provide technical support to the Night Vision Electro-optic Sensors Directorate. This includes support at CERDEC or NVESD locations to enhance the transition of technology to the expeditionary or special operations warfighter.

3.3.2 Intelligence Support : Provide technical support related to collecting and analyzing intelligence information, and managing geographical information systems and data.

3.3.3 Operations Support - Provide technical support related to planning and coordinating operations, and those necessary to enable the headquarters to accomplish assigned missions. This includes support to sustaining the unit's operations, planning future operations, and planning and executing necessary training on behalf of the headquarters.

3.3.4 Logistics Support - Provide technical support related to design, development, acquisition, storage, distribution, maintenance, evacuation, and disposition of materiel on behalf of the headquarters

3.3.5 Plans Support - Provide technical support related to civil military operations (CMO) strategy planning, partnership building, and identifying future technology needs. This will include support to identifying, justifying, distributing and reporting on resources.

3.3.6 Communications Support - Provide technical support related to communications including the issue of communications instructions and protocol during operations as well as for communications troubleshooting, issue, and preventative maintenance.

Performance Standards

a) STD: Solution is within widely accepted or other reasonable Headquarters or Command and Control elements staff support in meeting assigned objectives.

b) STD: Solution is within the scope of the contract.

c) STD: Completed IAW task order schedule

d) STD: Compliant with federal, state, and local laws and regulations and applicable Command and Headquarter objectives.

4 Special Requirements

This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Security

4.1 Security

4.1.1 Contractor shall have facilities and personnel to handle classification up to and including Top Secret per DOD 5220.22-M (National Industrial Security Program Operating Manual (NISPOM). Security requirements will be set out in each individual classified task PWS and DD Form 254. Individuals shall be required to have appropriate clearance commensurate with the level of classification of the individual task. Any classified information generated in the performance of this contract shall be forwarded to the U.S. CERDEC, NVESD, ATTN: RDER-NVO, Ft. Belvoir, VA 22060.

4.1.2 Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

4.1.3 In performing this contract, the Contractor(s) may receive and generate classified material and fabricate/modify/store classified hardware. Software requirements are additional and will be identified on DD Form 254. The Contractor(s) will be authorized to use the Defense Technical Information Center (DTIC). Additional Operational Security (OPSEC) requirements to the NISPOM are in effect. Administrative duties may require a clearance and may require investigation for IT duties.

4.1.4 Classified COMSEC material is not releasable to contractor employees who have not received a FINAL clearance at the appropriate security level. COMSEC access shall be in accordance with DoD 5220.22-M and AR 380-40. When access is required at Government facilities, contractor personnel will adhere to COMSEC rules and regulations as mandated by Command policy and procedures. Contractor personnel with COMSEC Material/Equipment that is classified at the Top Secret Level must have a final Top Secret clearance.

4.1.5 TS SCI will be identified at the Task Order level, and when applied no public release of information is authorized. Public disclosure or confirmation of any subject related to the support contract is not authorized without first obtaining written approval from the KO. Approval by the SCI CM (Contract Monitor) and GTL (Government Task Leader) is required prior to granting SCI access to a subcontractor.

4.1.6 TS will be identified at the Task Order level. Non-SCI Information is not releasable to contractor employees who have not received a clearance at the appropriate security level. If access to Non-SCI intelligence information is required, the contractor's employees will be cleared to the appropriate level.

4.1.7 Personnel not assigned to a NATO staff position, but requiring access to NATO classified information, NATO COSMIC, NATO Secret or access to the NATO accredited SIPRNET terminals, must possess the equivalent Final or Interim U.S. Security Clearance based upon the appropriate personnel security investigation required. Personnel with access to NATO ATOMAL information must have the appropriate final U.S. Security Clearance. The Government program/project manager is the designated representative that will ensure the contractor security manager and concerned employees are NATO briefed prior to access being granted. The contractor will maintain strict compliance in regards to NATO information in accordance with NISPOM Ch 10, Section 7. Prior approval from the KO is required for subcontracting.

4.1.8 Foreign Government Information (FGI) is not releasable to contractor employees who have not received a FINAL clearance at the appropriate security level.

4.1.9 For Official Use Only (FOUO) Information generated and/or provided under this contract shall be safeguarded and marked as specified in DoD 5200.1-R

4.1.10 The Contractor shall follow the guidelines of Chapters 4 and 5 of the NISPOM for the proper handling of classified information. Contractor will also follow guidance set forth within Security Classification Guides (SCG), provided under separate cover.

4.1.11 The Contractor shall provide offsite storage of NVESD unclassified and classified (up to and including SECRET) electronic media. This offsite storage location will be physically located outside the Fort Belvoir Base and will meet all security requirements for the storage of classified material up to and including SECRET. All contractor personnel involved in transporting classified material to the off-site storage location will have at a minimum a Secret level clearance and will have a valid courier authorization in their possession. The off-site storage location for NVESD classified back-ups will be a minimum of 10 cubic feet and will provide security measures for material up to Secret.

4.1.12 The Contractor shall coordinate with the Contracting Officer to prepare DD Form 1540, Registration for Scientific and Technical Information Services, in advance of any work to be performed, through the office listed in Block 12 for registration to DTIC. DD 2345, Militarily Critical Technical Data Agreement, will be completed for release and acceptance of Military Critical Technical Data.

4.1.13 All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, which is applicable. 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 60 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http//jko.jten.mil.

4.1.14 Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive TARP training by a CI agent or other trainer as specified in 2-4b.

4.1.15 Critical Program Information (CPI) is defined as information/technologies resident in a particular system or program which if divulged to unauthorized persons, would likely result in the reduction of a critical U.S. military technological advantage. In as much, CPI may be identified by the Government during a contracted effort and if identified must be protected by the contractor in accordance with guidance outlined in a Interim Program Protection Plan (IPPP) or Program Protection Plan (PPP), written in collaboration with the contractor. The aforementioned IPPP or PPP will establish policy and procedures for the protection of CPI.

4.1.16 Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. US based contractor employees and associated sub-contractor employees will submit an Isolated Personnel Report (ISOPREP) prior to deployment, in accordance with AR 525-28, Personnel Recovery. The contractor is required to fill out the survey on NIPRNET at https://medinah.sed.apg.army.mil/PRO-File prior to deployment.

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

4.1.18 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 certifications as stipulated in DoD 8570.01-M must be completed upon contract award.

4.1.19 Contractor and all associated sub-contractors employees shall 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 must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.1.20 The contractor employee will be issued a CAC only if duties involve on of the following: (1) Both physical access to a DOD facility and access, via logon, to DOD networks on-site or remotely; (2) Remote access, via logon, to a DOD network using DOD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

4.1.21 Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the Nation Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4.1.22 Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.1.23 The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). 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. This training shall be completed within XX calendar days of contract award and within YY calendar days of new employees commencing performance with the results reported to the COR NLY CX calendar days after contract award.

4.1.24 All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

4.1.25 The contractor shall develop an OPSEC Standing Operating Procedures (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

4.1.26 Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

4.1.27All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

4.1.28 The contractor shall develop an OPSEC Standing Operating Procedures (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

4.1.29 Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

4.1.30 DFARS Clause 252.225-7040 (DFARS Clause 252-225-7995 for CENTCOM), Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

4.1.31 For Contract Requiring Performance or Delivery in a Foreign County, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign county. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

4.1.32 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); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

4.1.33 Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive TARP training by a CI agent or other trainer as specified in 2-4b.

4.1.34 All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer.

4.2 Safety/OSHA Requirements

The contractor shall be in compliance with applicable state and federal safety standards. Special safety requirements will be identified in the individual tasks, when required. Contractor must ensure that they are in compliance with all applicable OSHA standards.

4.3 Contractor Furnished Items and Responsibilities

The Contractor shall furnish all personnel, facilities, equipment and supplies unless otherwise provided by the Government. Contractor shall propose resources to support requirements at the individual task order level.

4.4 Quality Assurance

Quality assurance specifications including special tests, sampling, first article inspection and place of performance shall be identified in each task order. Place of acceptance for all hardware/prototype deliveries shall be specified in each task order.

4.4.1 Quality Control Plan

The Contractor shall develop a Task Order Quality Control Plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with the IDIQ contract and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractors QCP is the means by which the contractor assures that performance complies with the requirement of the contract. The finalized QCP will be accepted by the Government at the time of the award of the Task/Delivery Order. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Governments review and approval. The Government may find the QCP "unacceptable" whenever the Contractors procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

4.4.2 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance under this Task Order in accordance with the Governments QASP.

4.5 Document Reporting

The cover of each document produced by the contractor must contain, as a minimum, the information listed below:

a. Name and business address of the contractor

b. Contract number

c. Total price of the task order

d. Whether the task order was competitively or noncompetitively awarded, and whether made on a technical or cost basis if competitively awarded.

e. Sponsoring government organization (including office identification and location) and responsible person within the organization.

f. Disclaimer statement, such as, The views, opinions and findings contained in this document are those of the author(s) and should not be construed as official Department of Army position, policy, or decision, unless so designated by other official documentation.

4.6 Reports

Monthly Reports: The Contractor shall provide monthly progress, status and cost reports for all active task orders. The reports shall include a one page executive summary and separable individual summaries of all active tasks. The executive summary shall provide details on the programmatic, schedule and cost of the overall contract. The individual task summaries shall include a technical abstract, project milestones, technical and financial status and any significant issues.

Final Reports: The contractor shall provide a final report for each task order at the completion of the task order. This report shall summarize the technical, financial, and programmatic aspects of the work.

4.7 Government Furnished Property and Services

The contractor shall provide all equipment, services, and labor necessary to perform the tasks unless the individual tasking documents explicitly state otherwise. Government property and services will be identified in the individual task order if applicable.

4.8 Organization Conflicts of Interest

a. The term "Organizational Conflicts of Interest (OCI) is defined in Federal Acquisition Regulation (FAR) 2.1; also see FAR 9.502 (c). An "OCI exists when a Contractor would face an actual or potential conflict of interest if it worked on a planned contract, due either to its other business interests or to the nature of the effort to be performed.

However, organizational conflicts of interest are more likely to occur in contracts involving:

Management support services;

Consultant or other professional services;

Contractor performance of or assistance in technical evaluations; or Systems engineering and technical direction work performed by a Contractor that does not have overall contractual responsibility for development or production.

The Contracting Officer will review and analyze PWS under this contract prior to issuance of a Task Order Request and determine that no OCI has been identified, potential or otherwise. However, Awardees shall make a preliminary disclosure to the Contracting Officer, prior to the due date for receipt of Task Order Proposals, of any OCI issues the Awardee has identified. Such preliminary disclosure will allow the Contracting Officer more time to assess both the potential OCI and the Awardees proposed strategy to negate or mitigate the OCI. This assessment may be crucial since, per FAR 9.504(e), the Contracting Officer may not award the task order/delivery order to a Contractor with an OCI that cannot be negated or mitigated. If the Contractor demonstrates to the Contracting Officer that there may be a possible conflict of interest arising out of an existing contract, the Contracting Officer will take the necessary action to delete that requirement and/or mitigate any conflict of interest that may be present. The Contractor agrees that the Government may, up to three years after acceptance of all programmatic documentation to be delivered under applicable Task Orders, restrict the Contractors future participation in any resulting program managed system acquisition action(s).

b. Title 10, US Code Section 2399 prohibits the involvement of a defense contractor in the operational test and evaluation of its own systems and equipment. Consequently, all parties must be particularly sensitive to potential, actual, or perceived organizational conflicts of interest where system contractors are or appear to be involved in the operational testing and evaluation of their own equipment or systems, including involvement as a test support contractor. Such involvement is strictly prohibited. The Contractor acknowledges that it is familiar with Title 10 U.S.C. Section 2399 and FAR 9.5 and agrees that it will avoid conflicts of interest and, to the maximum possible extent, the appearance of conflict of interest, in accordance with the principles set forth in the Statute and FAR. The contractor also acknowledges that statutory operational testing and evaluation conflicts of interest arising under 10 U.S.C. 2399 and Army Regulation 73-1, paragraph 5-6, may not be mitigated or "firewalled" using the FAR 9.5 procedures.

4.9 Task Order Proposal Process

SPECIFIC: The contractor shall commence work upon assignment of a specific task order by the Contracting Officer. The work shall be accomplished at the location specified in the task order.

TASK ORDER REQUEST (TOR): The task order request constitutes the specific work packages and functions assigned to the contractor within the scope of work and contracted for task orders issued by the Contracting Officer. TORs include specific instructions and details regarding the requirements to be performed.

TASK ORDER FORMAT: Proposed TORs will contain sufficient information to allow the contractor to prepare the task order proposal. The proposed TOR will contain as a minimum the following:

a. TOR Number

b. Applicable Contract Number/Fair Opportunity

c. Proposal Instructions

d. Evaluation Criteria and Basis for Award

e. Description of Requirement (PWS)

f. Deliverables

g. Contract Requirements Data Lists (CDRL)

h. Performance Location

i. Security Classification

j. Period of Performance

k. Procurement History, as applicable

l. COR and Technical Monitor, as applicable

m. Government Furnished Property, as applicable

n. Theater Business Clauses, as applicable

o. Special Clauses and Notes to Awardees

FAIR OPPORTUNITY FOR CONSIDERATION PROCESS: The Contracting Officer (KO) will conduct an analysis of each task order requirement with consideration given to past performance, awardee experience and cost to determine if there is a reasonable chance of receiving two or more responsive proposals from the small business awardees. If the determination is favorable to small business competition, the Contracting Officer will issue a Task Order Request for proposals specifically to the small businesses. In this case, the small businesses must meet the criteria in FAR 19 and provide 51% performance of work. However, if it is determined that there is not a reasonable chance that two or more small businesses will submit responsive proposals with the stipulation of performing 51%, fair opportunity for consideration will be given to ALL awardees to include small businesses pursuant to FAR 16.5.

The Contracting Officer (KO) will forward the TOR to all Awardees for proposal preparation unless a waiver to fair opportunity or a determination to Reserve for Small Business have been granted. Awardees shall submit to the KO, a written Task Order Proposal (TOP) within 30 calendar days or as otherwise specified and shall contain as a minimum, the following:

a. TOR Number

b. Contract Number

c. Authorized Negotiator Point of Contact

d. TOR Content as prescribed in TOR Instructions

e. Technical Proposal to include Performance Schedule and Milestones and subcontract participation

f. Cost Proposal that includes as a minimum; a complete breakdown of direct, indirect cost, other direct cost such as travel, equipment and materials, fully disclosed subcontract information pursuant to FAR 15.408 and Certified Cost or Pricing Data for Prime and Subcontractor as applicable

g. Subcontractor price or cost analysis as applicable and justification for subcontract type

h. Subcontracting Plan in accordance with FAR 19.7 and 52.219-9

i. Verification that Subcontractor is on approved list

j. Compliance with FAR 52.215-22/23, Entitled, Excessive Pass Through

k. Data Rights and Assertions

SPECIAL INSTRUCTIONS FOR TOP SUBMISSIONS

a.

LIMITATION OF PASS-THROUGH CHARGES

FAR 52.215-22, Limitation on Pass-Through Charges-Identification of Subcontract Effort and 52.215-23 Limitation on Pass-Through Charges: FAR 52.215-22, Limitation on Pass-Through Charges- Identification of Subcontract Effort and 52.215-23, Limitation on Pass-Through Charges are applicable to this requirement. If subcontractor costs proposed exceed 70% of the total costs to be performed, Contractors must comply with the subject clauses by providing sufficient information for the Contracting Officer to determine the added value along with assessment of fee and indirect costs. This information will be used as part of the best value decision and evaluation of all elements of costs.

b.

TIME AND MATERIAL & LABOR HOUR SUBCONTRACTS

Pursuant to Federal Acquisition Regulation, T&M and Labor Hour contracts are the least preferred contract vehicles. Use of T&M and Labor Hour type vehicles will also be considered at the subcontract level. Therefore, all proposed T&M and Labor Hour subcontracts must be supported by a written determination and finding that no other subcontract type is suitable. Be advised that the rationale provided will be challenged and the Prime Contractor's justifications when using T&M subcontracts highly scrutinized.

c.

SUBMITTAL OF SUBCONTRACTOR FULLY DISCLOSED PROPOSAL

In order to facilitate expedience when evaluating proposals in response to TORs it is important that the following be adhered to. It is an acceptable practice for Prime contractors to utilize subcontractors in response to requirements. However, costs associated with the prime and "subcontractor" partnership must be evaluated for its fair and reasonableness. "Undisclosed" or "loaded" cost does not allow a proper cost analysis. Therefore the following must be adhered to:

1. FAR 52.215-12 "Subcontractor Certified Cost or Pricing Data" must be adhered to and required information SHALL BE provided as part of the prime contractors proposal submissions by the TOR due date.

2. Prime contractors are responsible for ensuring THAT fully disclosed rates are provided for evaluation of proposals in response to TOR.

a. Subcontract proposals <650K. The Prime Contractor must provide a cost analysis that fully supports the reasonableness of subcontractor costs to include an analysis of costs and fee/profit.

b. Subcontract proposals >$650K. Prime Contractor must provide a cost analysis that fully supports the reasonableness of subcontractor costs to include an analysis of costs and fee/profit. In addition, Prime contractors must either provide along with prime proposals or ensure that subcontractors provide a complete breakdown of costs to include subcontractor cost and fee/profit proposed to the KO by the closing date. See format in Table 15-2 of FAR 15.408 for guidance. Primes shall require subcontractors TO submit fully disclosed rates to the contracting officer by the closing date of the TOR. FAILURE TO PROVIDE THIS INFORMATION BY THE TOR CLOSING DATE MAY RESULT IN PROPOSALS BEING ELIMINATED FROM CONSIDERATION OF TASK ORDER AWARDS.

USE OF SUBCONTRACTORS AT THE TASK ORDER LEVEL:

Subcontractors proposed will be considered the established subcontracting team and incorporated into the resultant contract. Contractors are expected to utilize the approved subcontractors specified in Attachment 6. No subcontractors shall be added without the written approval of the Contracting Officer.

Additions to the subcontracting team may be considered to support a specific task order request, however, will be highly scrutinized. Request will only be considered if the requirement dictates the need for a capability that does not currently exist on the subcontractor team. Therefore, all requests to add subcontractors must include a complete rationale and specify the basis for not utilizing approved subcontractors, the need and value added of the proposed new subcontractor.

5. Deliverables

The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs and/or other means TBD.

6. Related Documents

GOVERNMENT DOCUMENTS: The following documents are for guidance only, with the exception of DoD-5220.22-M. Primary requirements are design review and analysis, fabrication of item/systems, configurations management, program control, and item testing.

ASME-Y14 Series

Engineering Drawing Practices

DoD-D-1000

Drawings, Engineering, and Associated Lists

DoD Instruction 5230.24 Distribution Statements on Technical Documents

DoD-5220.22-M

National Industrial Security Program Operating

Manual

ASME Y14.38M

Abbreviations for Use on Drawings, Specifications, Standards and in Technical Documents

MIL-STD-130N1

Identification and Marking of U.S. Military Property

MIL-HDBK-454B

Design and Construction of Electronic Equipment of the Department of Defense

MIL-STD-961E2

Specification Practices

MIL-STD-810G1

Environmental Engineering Considerations and

Laboratory Tests

MIL-STD-1319A

Item Characteristics Affecting Transportability and

Packaging and Handling Equipment Design

MIL-STD-1472F

Department of Defense Design Criteria Standard

Other DoD and MIL Standards will be applied as required in individual task orders.

6.1 Non-Government Documents

ANSI 239.18-1987 American National Standard for Information Sciences-

Scientific and Technical Reports - Organization, Preparation and Production

Others will be applied as required in individual task orders.

7. Definitions and Acronyms

7.1 Definitions

CONTRACTOR. The term as used in this contract refers to the prime.

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

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government who is appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

PHYSICAL SECURITY. That part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard them against espionage, sabotage, damage,…