W911SA-22-Q-3130 SOL.docx

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. This requirement will be awarded as a firm fixed price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The Government reserves the right to order the maximum quantities and is only obligated to order the minimum guarantee. It is the unilateral right of the Government to exercise the option year(s) of this contract. The period of performance is anticipated to be February 15, 2023 to February 14, 2024 (or subsequent date), with one (1) year option period, and a six (6) month option to extend services

2. The guaranteed minimum is as follows:

CLIN 0001 OPFOR Squad for the first Task Order in the Base Period of the Contract. It is for a Quantity of 20 Each for CLIN 0001 OPFOR Squad.

There is no guaranteed minimum for the option periods of performance. The maximums for this contract are specified in the CLIN Structure.

The first task order requirement is estimated to start 16 February 2023.

In accordance with FAR clause 52.216-22, "Indefinite Quantity", the quantities specified in the price schedule are estimates only and are not purchased by this contract.

3. An Award for this requirement will be made pursuant to FAR 13.5, Simplified Procedures for Certain Commercial Items.

4. Quotes shall be emailed to carlos.f.saldarriaga.civ@army.mil. Quotes are due to the Government on or before the date/time listed on the solicitation in central time. It is the contractor’s responsibility to ensure their quote is received by the due date and time. As an Addendum to FAR 52.212-1, contractor shall submit all items in accordance with the Supplemental Information by the solicitation closing date and time. The contractor SHALL provide all required documents with submission of quotes.

Signed SF 1449 Completed information from the Supplemental Information section of the solicitation Completed Price Schedule Attachment Signed Amendments (if applicable) Any other required documents list here

If all required documents are not provided with the quote submission, your quote MAY NOT be considered for award.

5. If a quote is based on a teaming/partnering relationship or a joint venture, the contractor shall provide, with the quote, all required solicitation information for all parties including a copy of the teaming/partnering or joint venture agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering or joint venture relationship.

6. This procurement is set as Service Disabled Veteran Owned NAICS Code 611699 with a size standard of $16.5 Million.

7. Period for acceptance of quotes. The contractor agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

8. Site visit: *** No site visit will be held.

9. Written questions must be furnished to the Government no later 8 February 2023. At 5:00pm local time; in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, contractors are advised to submit questions as soon as possible. Please provide your company name, telephone, point of contact, e-mail address, and solicitation number on all questions. The Government will respond to questions via the issuance of an amendment which incorporates the question and the Government’s response.

10. In accordance with DFAR Clause 52.216-18, “Ordering,”:

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the schedule. Such orders may be issued prior to the expiration of the contract.

b. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

c. A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

11. SAM Unique Entity ID: ______________________________.

12. TAXPAYER ID #______________________________.

13. CAGE CODE __________________________________.

14. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

1. A SAM Unique Entity ID is required for SAM registration. If your company does not have a DUNS #, obtain one by calling 800-333-0505.

1. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 611699, or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

1. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 611699, or a NAICS of similar business size, under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful actively registered contractor.

1. Within the SAM Representations and Certifications, please ensure you company has selected that you wish to bid on, or currently hold Department of Defense (DoD) issued or DoD funded Contracts. The DFARS provisions in SAM must also be completed by solicitation closing date and time.

1. Prospective contractors who have not completed electronic annual representations and certifications at http://www.sam.gov/ in conjunction with required registration in the System for Award Management (SAM) database, shall complete and submit FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items and DFARS Representations and Certifications in SAM to be eligible to receive an award for this solicitation.

15. Contract Administrator: TBD at time of award.

If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

16. Contracting Officer: TBD at time of award.

17. Contracting Officer’s Representative (COR): TBD at the time of Award.

18. The Government intends to evaluate quotes and award a contract without discussions. Therefore, the contractor’s initial offer should contain the contractor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest and waive informalities and minor irregularities in quotes received.

19. Service Contract Reporting (SCR): Contractors will report manpower data relating to the performance of service contracts into the system for Award Management (SAM) (https://sam.gov) consistent with existing service contract reporting requirement under the federal acquisition regulation subpart 4.17- Service Contracts Inventory. SAM will only enable reporting for entities with contract that meet the SCR threshold at FAR 4.1703. As part of its quote, the vendor must include the estimated total cost (if any) incurred to comply with the Service Contract Reporting requirement.

20. Post Award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the awardee will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

21. ABILITYONE DESIGNATED ITEMS: In accordance with 52.208-9, contractors are referred to the web site of the Committee for Purchase from People Who Are Blind or Severely Disabled, the independent federal agency that administers the AbilityOne (formerly Javits-Wagner-O'Day or JWOD) Program for the lists of designated products and services http://abilityone.gov/procurement_list/product_buy.html

22. In accordance with FAR 52.223-2, Affirmative Procurement of Bio-based Products under Services and Construction Contracts, contractors are required to submit annual bio-based reports to the reporting module in the System for Award Management (SAM) at https://www.sam.gov.

23. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf .

24. In accordance with FAR Clause 52.222-41(g), the contractor must notify each service employee working on this contract of the minimum wage and fringe benefits required to be paid pursuant to this contract, or shall post a copy of the wage determination and Department of Labor Form WH-1313 in a prominent place at the worksite. The applicable wage determination is incorporated into the contract. The WH-1313 poster is located at http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

25. In accordance with FAR 52.222-42, In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5 332.

This Statement is for Information Only. It is not a Wage Determination.

26. Required insurance:

The contractor shall provide, within ten (10) calendar days after contract award. The Contractor shall provide the Certificate of Insurance (COI) via email to the Post Award Contracting Officer and Post Award Contract Specialist. The COI shall be updated and sent to the Post Award Team on an annual basis.

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Contractor shall require the insurance company to specify contract number in the Description of Operation block of the Certificate of Insurance (COI) and the below statement.

"The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the Insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer."

27. Legal compliance: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

28. Contract performance:

Purpose. IAW with FAR Subpart 42.1500 contractor past performance information (PPI) is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor's business-like concern for the interest of the customer. Contractor past performance information is one of the tools that support Army efforts to acquire best value and is used to evaluate performance risk in source selection. The feedback provided by the government to the contractor in collecting PPI, and the knowledge that PPI will be used in future source selection decisions, should result in improved performance and a greater contractor focus on customer satisfaction.

Contractor Performance Assessment Reports System (CPARS): CPARS shall be prepared IAW AFARS Subpart 42 upon physical completion of the contract. If the period of performance will exceed 18 months, an “interim” assessment report shall be prepared at the completion of 12 months performance and annually thereafter until the contract is physically complete. An out-of-cycle or “addendum” report may be prepared if there is a need to record an extraordinary event prior to the next regularly scheduled evaluation or if it is necessary to report a meaningful occurrence during the period between physical completion of the contract and contract closeout. Additionally, addendum reports may be prepared to record contractor’s performance relative to contract closeout and other administrative requirements (e.g. final indirect cost proposals, technical data, etc.).

Completion Due Date. The government will complete the CPARS within 60 days after the end of the assessment rating period (if applicable).

Evaluators. The Contracting Officer and the Contracting Officer’s Representative will jointly complete the performance assessment.

Contracts Performance Elements. The contractor’s performance shall be assessed in accordance with elements and rating system set forth in AFARS Subpart 42.

Contractor Review. The Contracting Officer will furnish a copy of the CPARS to the contractor requesting that the contractor submit comments, rebutting statements, and/or additional information to the Contracting Officer within 30 calendar days of receipt. Failure to respond within the designated timeframe will be taken as agreement with the assessment.

Contract Concurrence. Where a contractor concurs with, or takes no exception to a CPARS, such report shall be considered final and releasable for use in source selection and other deliberative purposes.

Contractor Rebuttal. Where a contractor takes exception to a performance report, the Contracting Officer will review the contractor’s rebuttal or comments and make appropriate changes. If the Contracting Officer makes changes, the changed rating will be reflected in the narrative. The Contracting Officer will make all reasonable efforts to reconcile the report and the contractor’s comments. However, it is not necessary that they reach agreement on the report where such is clearly impracticable. The contractor’s rebuttal or comments shall be made part of the CPARS.

Resolving Disagreements between the Government and the Contractor. In the event disagreements between the parties regarding the CPARS occur, the Contracting Officer will review the rebuttal and make appropriate changes. If no agreement is reached, the CPARS is forwarded to the Reviewing Official (Director of Contracting) along with the Contracting Officer’s Findings and Recommendation and supporting documentation. The decision of the Reviewing Official is final. Copies of the CPARS and the contractor’s response and review comments, if any, shall be retained as part of the evaluation.

Release of Contractor Performance Evaluation Information. The evaluation will not be released to other than government personnel and the contractor whose performance is evaluated. The performance evaluation information will be input into the applicable module within Contractor Performance Assessment Reporting System (CPARS) database (or Government system in use at time of the evaluation).

Source Selection Information. Departments and agencies will electronically access the CPARS information to support future award decisions.

29. Alternate disputes resolution: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

PWS

PERFORMANCE WORK STATEMENT (PWS)

Training Support Services

PART 1

1. General. This is a Firm Fixed Price (FFP) Indefinite Delivery / Indefinite Quantity (IDIQ) contract for non- personal services contract to provide Training Support Services.

1.1 Supervision of Contractor personnel: The Government will not exercise any supervision or control over Contractor or subcontractor personnel while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.2. Scope of Work. Contractor shall provide professional doctrinally correct training support services to enhance realism and training value. These training support services may include a mix of opposing forces (OPFOR), role players, and MILES contact team support. Training Events are generally short duration (one to four days) or medium duration (two to three weeks, and occasionally longer duration (one month and longer). Services under this contract will be obtained in 12 hour increments.

1.2.1. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Training Support as defined in this Performance Work Statement and resultant contract except for those items specified. The contractor shall perform to the standards in this contract.

1.3. Background: Fort McCoy, WI is the training site of choice for a wide range of United States Army, United States Army Reserve, and United States Army National Guard units as well as other DoD units (Marine Corps, Navy, Air Force), other federal agencies (Federal Bureau of Investigation and Department of Energy), as well as state and local law enforcement agencies and first responders, hereafter referred to as the “unit”. Our varied terrain, state-of-the-art ranges and facilities, as well as our extensive support infrastructure combine to provide the ideal platform for these units to develop and sustain the necessary skill sets and proficiencies to accomplish their assigned missions. However, as the Nation reorients toward near peer threats in contested multi-domain battle spaces with significant constraints on resources to include time, personnel, equipment, and budgetary resources, Fort McCoy must continue to lead the way in providing world-class training opportunities and support to all our training partners.

1.4. Objectives: To enhance Fort McCoy’s military value by providing a timely, cost-effective, and transparent mechanism to deliver doctrinally relevant training support services to our training partners to meet the widest range of training objectives and mission sets.

1.5. Period of Performance: The period of performance shall be for one (1) Base Period of 12 months, one (1)12-month option period and a six (6) month option to extend services.

1.6. Place of Performance: The work to be performed under this contract will be performed at Fort McCoy, WI and select distributed training venues within a 50-mile radius to include Camp Douglas/Volk Field, Hardwood Range, and Black River State Forest.

1.7. Hours of Operation: The contractor is responsible for providing services for training events in accordance with each task order issued. Service hours will include weekends, days and/or nights, Monday thru Sunday and Federal holidays as the task order requires except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS as required by the task order period of performance. The contractor is responsible for scheduling their workforce to perform task orders and no additional contract cost for overtime may be billed to the Government.

1.8. Federal Government Holidays: Contractor may be required to work federal holidays as designated by the Office of Personnel Management. When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S. Government Agencies. Any other Congressional or President imposed Federal Holiday is also recognized. Federal Recognized Holidays are as follows:

1.9. Unforeseen Installation Closures: When the Government facility is closed due to local / national emergencies, administrative closings, or similar Government directed facility closing; the Contractor will be notified by the Contracting Officer’s Representative (COR) of an installation closure. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Government shall have the following options:

1.9.1. During Force Protection Conditions (FPCON) Charlie and Delta, services are discontinued, and services shall resume when the FPCON level is reduced to level Bravo or lower.

1.9.2. Upon installation closure, the COR will reschedule or cancel any scheduled work which cannot be completed. Canceled work due government facility closure will not be reimbursed.

1.10 Ordering: Services will be ordered by issuance of a Task Order (TO), awarded by the Contracting Office or by the Ordering Officer. The TO will specify which tasks are required and the building numbers and/or locations of performance and period of performance. The government will issue a TO for services no later than thirty days prior to the TO performance start date.

1.10.1 Task Order Period of Performance (TO POP): Each Task Order issued under this contract shall have a scheduled TO POP dates. Each Task Order shall be completed within the scheduled TO POP dates.

1.11. Ordering Officer Information. There will be a designated Ordering Official under this contract, authorized to make purchases up to their designated authority of $25,000, per single known requirement, against this ID/IQ Contract. Orders under this threshold will not be issued on an individual Task Orders Standard Form (SF) 1449, however, all requirements of the contract award, and all policies and procedures will be applicable to orders by the designated official. Prices and Salient Features for the project will still require agreement/approval by the ordering official.

The ordering officials will administer and be the main POC for all orders placed under their authority.

The following describes the procedures to be used for ordering items under this contract by using the Federal Government-wide purchase card. This option to order by use of the Government-wide purchase card is strictly an alternative method of ordering by the Government and may be used in place of ordering by other order forms that comply with Federal Acquisition Regulation (FAR) 12.204. The Government reserves the right to unilaterally terminate the use of the credit card at any time.

All ordering officers may use the Government-wide purchase card, commonly referred to as the Government "credit card," as an alternative method of ordering and paying for purchases made under this contract. Purchase card orders are subject to all terms and conditions of this contract, unless otherwise stated in this provision or another provision or clause in this contract. The purchase card is specifically designed for use by the Federal Government. The purchase card is like a typical commercial credit card. However, the authorization limitations of the purchase card are more specific, i.e., only for a particular contract, monthly limitations, certain categories of products or services, etc. The purchase card will be exclusively used for official Government purchases in accordance with the prices, terms, and conditions of this contract. The purchase card order limitation shall be $25,000. With respect to ordering authority, only designated Ordering Officers may use the purchase card as a means of purchasing items on this contract.

Credit limits for the purchase card for ordering officers is $25,000. These credit limits for the purchase card are the responsibility of the credit card holder and the approving office.

The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.

***Invoices for orders placed by the ordering officer will be submitted directly to the ordering officer. However, use of Wide Area Work Flow (WAWF) to create and accept receiving reports is mandatory when the Government Purchase Card (GPC) is used as a method of payment against a contract. In order to ensure proper routing of contract transactions paid with the GPC, use the code "CRCARD" in the Pay Official/DoDAAC field. The contractor is required to generate a receiving report in WAWF, and the Government acceptor is required to accept the receiving report in WAWF. The Cardholder is required to verify that acceptance has occurred in WAWF prior to submitting the invoice to the Certifying Official for certification.

1.12. Invoice. Invoice supporting documents shall be submitted to the COR prior to invoicing. Once the invoice supporting documents are accepted and approved, the Contractor will be notified. The Contractor will be responsible for submitting invoicing via methods as directed by the Government, i.e., submission in Wide Area Work Flow (WAWF) via https://piee.eb.mil/, NLT ten (10) workdays following the month of service. Proper and timely submission of invoicing is the sole responsibility of the Contractor.

1.13. Special Contractor Qualifications. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract. Special licensing requirements are the sole responsibility of the Contractor. Inability of the Contractor to obtain qualified personnel will not constitute a reason for non-performance. The Contractor must exercise due diligence in its hiring practices to validate required skills and ensure probity and trustworthiness.

1.13.1 Contractor personnel operating Army Training aids, Devices, Simulations and Simulators (TADSS) shall be properly trained and certified in their use and employment. All contractor personnel operating TADSS shall be equipped and use the appropriate personal protective equipment (PPE).

1.13.2 Drivers operating support vehicles and any driver operating a vehicle as part of a unit training scenario shall have a valid state operator’s license and any special qualifications or stamp (i.e., cargo or passenger bus) as required by the State of Wisconsin or Army Regulation (AR).

1.13.4 The Contractor shall insure that all contractor personnel performing work under this contract shall be U.S. Citizens. The Contractor shall insure that all personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to communicate in person properly, clearly, and effectively or via electronic devices (telephone or email) with workers, customers and the general public.

1.13.5 Personnel Roster. The Contractor shall provide a personnel roster to the COR no later than (NLT) ten (10) days prior to performance start date of each Task Order. The personnel roster shall contain a list of all Contractor/ subcontractor personnel. The list shall state each person’s name, job title, professional certificates / licenses (if applicable), driver's license number and vehicle type. As changes in personnel occur an updated personnel roster shall be submitted, in writing, to the COR, NLT three (3) business days in advance of any personnel changes.

1.14 Contractor Point of Contact (POC) and Alternate POC: The Contractor shall appoint a designated Point of Contact (POC) and an alternate POC. The POC shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. The Alternate POC shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract and act for the contractor when the POC is absent. The POC and the Alternate POC shall be responsible for the competent performance of the work required under the specifications of this contract. The POC or Alternate POC shall be available during TO POP, Monday thru Sunday, days or nights, and Federal holidays except when the government facility is closed. The POC or Alternate POC shall be always on site and available to the COR / Designated Government Representative (DGR) while contracted personnel are preforming services under this contract. The Contractor shall provide the names, telephone number and email of the designated POC and Alternate POC, in writing, to the COR NLT 10 days prior to performance start date of each Task Order and NLT three (3) business days in advance of any personnel changes.

1.15 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any personnel providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any person for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor personnel must avoid improper influence in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no Contractor employees conduct political related activities or events on the Installation Facilities. The Contractor shall comply with all DOD and local requirements that establish uniform policies governing smoking in and around Government-owned buildings and vehicles. 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 shall be applicable to all Contractor personnel or representatives who enter the Installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of personnel does not relieve the Contractor from the responsibility for the work defined in this PWS.

1.15.1. Removal by Garrison Commander. The Garrison Commander may, at his/her discretion, bar an individual from the Installation under the authority of 18 USC 1382 (1972) and the National Industrial Security Program Operating Manual (NISPOM) for conduct determined contrary to good order, discipline, or Installation security.

1.15.2. Removal by Contracting Officer (KO). The Contracting Officer may require the Contractor to remove any employee, working under this contract, for reason of misconduct or security. Contractor personnel shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interest of the Government.

1.15.3. Removal by Installation Police. Contractor personnel may be denied entry to the Installation-by-Installation Police if it is determined that such entry may be contrary to good order, discipline, or the security of the Installation. Installation Police may remove any Contractor employee from the Installation for reason of misconduct or security.

1.16. Identification (ID) of Contractor personnel. Identification of Contractor Personnel: The Contractor (to include subcontractors) shall provide all personnel an ID Badge, which includes at a minimum, the company name, and name and color photo of the contracted person. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be always worn during which the employee is performing work under this contract. Contractor personnel (to include subcontractors) shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the COR prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel working in 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.17. Background Checks. Access and General Protection/Security Policy and Procedures: All contractor personnel to include subcontractor personnel, must pass a background check prior to commencing performance under this contract. The contractor and all associated subcontractors' personnel shall provide all information required for background checks (See Below) to meet installation access requirements to be accomplished by Director of Emergency Services (DES) or Security Office. Contractor workforce must comply with all FAR clause 52.204-9, personal identity verification requirements as directed by DOD, Head Quarters Department of Army (HQDA) and/or local policy. The contractor workforce shall also comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive (DIR) 2014-05/Army Regulation (AR) 190-13, applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the DGR). 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. The Government may require monthly participation in the Installation Random Antiterrorism Program.

1.17.1. The contractor shall request via COR, a background check for all contractor employees, including subcontractor employees, requiring unescorted access to government facilities. Contractors shall use Fort McCoy Forms 451 and 452 in PDF format when requesting the background checks. The background checks must include a check of the National Crime Information Center Interstate Identification Index (NCIC-III) and, when available, Terrorist Screening Database (TSDB).

1.17.1.1 Upon contract award, the MICC will provide DPTMS Forms 451 and 452 to the Contractor POC in PDF format.

a. COR receives completed Fort McCoy Forms 451 and 452 from Contractor POC in PDF format. Note: No scanned documents will be accepted.

b. CORs will verify Form 451 / 452 are properly completed.

c. Requesting Directorate will each appoint one COR POC to act as their representative to submit Forms 451 and 452 to Fort McCoy via authorized DPTMS POC.

d. Fort McCoy conducts NCIC-III check and returns Form 452 to CORs.

e. COR notifies Contractor POC that personnel have been vetted and cleared for unescorted access to Fort McCoy training facilities.

f. COR will forward Form 452 to designated AFOS / FOS for unescorted contractor access. Note: Form 452 can be used as a facility access roster.

1.17.1.1.1 If derogatory information is contained in the background check, unescorted access may be denied in accordance with Army Directive 2014-05 (Policy Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors).

a. COR will notify DPTMS DES of individuals who have been denied access.

b. DPTMS DES will complete Access Denial Letter and forward to COR along with Access Control Denial Waiver Package.

c. COR provides Access Denial Letter and Access Control Denial Waiver Package to Contractor POC.

1.17.1.1.2. In cases where an uncleared Contractor employee, including any subcontractor employee, is denied access based on derogatory information, the individual may request a waiver.

a. Contractor POC informs COR that employee desires to submit an Access Control Waiver Denial Application.

b. COR, will forward the individual’s completed packet to DPTMS DES for review.

c. DPTMS DES will review members' Access Control Denial Waiver Application in consultation with Fort McCoy Access Control NCIC-III POC.

d. DPTMS RD DES provides recommendation to DPTMS Senior Leadership.

e. DPTMS RD Senior Leadership or designee makes final fitness determination.

f. DPTMS RD DES will notify COR of final fitness determination.

g. If waiver is granted, DPTMS DES will provide Access Approval Letter to COR. COR will then provide copy of Access Approval Letter to Contractor POC, AFOS/FOS for facility access and retain copy for COR files.

1.17.1.1.3. Individuals may be denied unescorted access if derogatory information includes, but is not limited to, the following:

1. The NCIC-III contains criminal information about the individual that causes the Senior Commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety of the installation.

2. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

3. The individual has a current arrest warrant in NCIC, regardless of the offense or violation.

4. The individual is currently barred from entry or access to a federal installation or facility.

5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

6. The individual has a U.S. conviction of espionage, sabotage, treason, terrorism, or murder.

7. The individual is a registered sex offender.

8. The individual has been convicted of a felony within the past 10 years, regardless of the offense or violation.

9. The individual has been convicted of a felony firearms or explosives violation.

10. The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.

11. The individual is identified in the Terrorist Screening Data Base (TSDB) as known to be suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity. When this capability becomes available to DoD, security personnel performing installation access control personnel will strictly follow the Federal Bureaus on Investigation’s published engagement protocols

1.17.1.2. When received, COR will validate all required documents and will submit the documents to Fort McCoy Department of Plans, Training, Mobilization Administrative Officer, and Security.

1.17.2. The Contractor shall comply with all personnel identity verification procedures. Contractor personnel must be always accompanied while in restricted areas by an authorized Government employee.

1.17.3. Security Clearance Requirements: Contractor personnel (to include subcontractors) performing work under this contract will not require a security clearance.

1.18. Vehicle Access and Identification: The Contractor shall ensure all personnel requiring access to the installation have completed all requirements and obtained authorization from the Fort McCoy Police Department. In accordance with the Installation visitor control center, the Contractor may also be required to obtain vehicle passes for all contractor-owned and operated vehicles. All vehicles shall be clearly identified with the company name. Vehicles shall be operated in a safe and prudent manner IAW Installation traffic rules and regulations. The Government reserves the right to search all vehicles entering or exiting the installation and limit or deny access to the installation as required.

1.18.1. Licensing and Insurance: The Contractor shall be responsible to ensure that all Federal, State, and local insurance, licensing, certification requirements and permits are met and kept current. Personnel must have a valid driver’s license and/or Commercial Driver’s License (CDL) as required for the type and class of vehicles used in the performance of this contract. The Contractor shall provide documentation of licensing and certification for all personnel upon request to the COR.

1.18.2. Contractor Parking. Contractor personnel shall park their personal and Contractor’s vehicles during the times and in the area designated by the COR or Designated Representative.

1.19. Installation Access and Control:

1.19.1. Restrictions: The Contractor shall not employ any person who is determined by the Installation Commander to be a potential threat to the health, safety, security, general well-being or operational mission of the Installation or its population, to include personnel who are, or become, barred or restricted from the Installation. The Government reserves the right to require removal of any Contractor personnel from the job site who endanger persons or property, or whose continued employment is inconsistent with the interest of military security. The Government also reserves the right to require the Contractor to remove from the job site any employee found to be under the influence of alcohol, drugs or any other incapacitating agent or any employee involved in the theft of Government property. The removal from the job site of such personnel shall not relieve the Contractor of the requirement to provide personnel to perform services.

1.19.2. Restricted Areas: During the contract, certain areas/sites may be restricted or closed to contractor personnel. The Contractor shall comply with all regulations and entry requirements to include signing in or obtaining an entry badge and/or waiting for an escort. Photography is prohibited without the written permission from the Government.

1.19.3. Installation / Gate Closure: Unscheduled gate closures may occur at any time and personnel entering or exiting the Installation may experience a delay. Privately owned vehicles are subject to search upon entry, exit, and at any time while on the Installation. Refusal to comply with a request to search a vehicle could result in access to the Installation being denied. Delays in entering or leaving the Installation due to gate closures or vehicle searches shall not be compensated for in any form by the Government.

1.19.4. Search and Seizure: Contractor personnel and property shall be subject to search and seizure upon entering and upon leaving the confines of Government Facilities in accordance with AR 190-22 (Search, Seizure, and Disposition of Property).

1.19.5. Controlled Substances: Contractor personnel shall not perform PWS work while in possession of, or while under the influence of, alcohol or any controlled substance.

1.19.6. Weapons: Contractor personnel shall not perform PWS work while in possession of privately owned weapons, including all forms of firearms, tasers, bow and arrow, switchblade or automatic blade knives, knives with blades in excess of three inches, ammunition, bludgeons, brass knuckles, shooting pens, or similar devices. See paragraph 5.1.4 for specific requirements for training weapon systems.

1.20. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.21. Government and Personal Property. The Contractor shall be responsible for safeguarding US Government (USG) and personal property. The Contractor shall conduct work so that Government property, personnel and work areas shall be always protected from inconvenience, damage or injury. In the event of loss or damage of any nature, caused by Contractor operations or personnel, due to improper protection, precaution or safety measures, such damages shall be repaired, or such property shall be replaced by the Contractor at his expense. In the event the Contractor does not satisfactorily repair or replace such damages, the Government reserves the right to make necessary corrections and the Contractor shall reimburse the Government for all labor and materials costs associated with repairs or replacement.

1.21.1. Mishaps. In the event of any mishap to property or person(s), the Contractor shall take reasonable and prudent action to establish control of the mishap scene, prevent further damage to persons or property and notify emergency services by calling 911. The Contractor shall remain on-scene until released by Installation Police Department or Police Agency in charge.

1.21.1.1. Mishap Reporting. The contractor shall provide a verbal Mishap Report to the COR NLT one (1) business day of each occurrence. Initial notification shall be made by phone followed up by a written Damage or Discrepancy Reports via email NLT five (5) calendar days after each occurrence. The Contractor shall bear all costs of repairing or replacing the damaged property or loss if the determination is made that the damage or loss was caused by the Contractor or the Contractor’s personnel. The Contractor shall bear all costs of minor damages (to include nicks, dents, mars, and scratches) as identified in the Discrepancy Report and Joint Post inspection in accordance with the Performance Requirements Summary (PRS).

1.22. Loss of Contractor Property: The Government will not be held liable for any loss of supplies or equipment owned by the Contractor; nor the loss of any personal property belonging to any Contractor personnel.

1.23. Lost and Found Property: It is the responsibility of the Contractor to ensure that all items of possible personal or monetary value found by the Contractor’s personnel are turned in to the COR or the DGR.

1.24. Safety: The Contractor is responsible for complying with applicable Federal Occupational Safety and health Administration (OSHA) standard, Department of Transportation (DOT), DOD, Army, Federal, state, county, township, and local safety and health requirements. The stricter requirement shall apply in cases where standards conflict. The Government’s interest is to protect personnel working in or around Contractor operations, and the protection of Government equipment/property. The Contractor shall be the control employer as defined by OSHA while performing work under this contract. The Contractor shall not construe the requirements of this PWS as making the Government the controlling employer.

1.24.1. The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements.