W911SD18R0088.pdf
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SEE ADDENDUM
(No Collect Calls)
W911SD18R0088 27-Aug-2018
b. TELEPHONE NUMBER
845-938-5050
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 31 Aug 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W911SD9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ROBIN C. MEYER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011152427
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MICC - WEST POINT
681 HARDEE PLACE
WEST POINT NY 10996-1514
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$32,500,000
NAICS:
518210
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF81
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W911SD18R0088
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each CTIA Training
FFP
CTIA Training - See Performance Work Statement Included. Period of Performance is 15 September 2018 through 14 March 2019.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011152427
PSC CD: D310
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Each HUNT Windows Training
FFP
HUNT Windows Training - See Performance Work Statement included. Period of Performance is 15 September 2018 through 14 March 2019.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011152427
PSC CD: D310
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 15-SEP-2018 TO
14-MAR-2019
N/A ARMY CYBER INSTITUTE
NATALIYA BRANTLY
2101 NEW SOUTH POST ROAD
WEST POINT NY 10996
845-938-5997 FOB: Destination
W58EDZ
0002 13-MAR-2018 1 UNITED STATES MILITARY ACADEMY
UNITED STATES MILITARY ACADEMY
646 SWIFT RD
WEST POINT NY 10996-1905
FOB: Destination
W58EDZ
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
HUNT and Defensive Cyber Operations Training (Windows Platform) for Army Cyber Institute
Part I
General Information
1. GENERAL: This is a non-personal services contract to provide HUNT and Defensive Cyber Operations Training to the Army Cyber Institute using a Firm Fixed Price contract model. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.
1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform HUNT and Defensive Cyber Operations Training, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.
1.1.1. The Army Cyber Institute (ACI) is conducting an evaluation of different training programs offered by commercial vendors to determine the best training offerings that can be aligned with the Cyber Center of Excellence educational program as well as to develop ACI faculty before they return to the operational cyber force.
1.2. Background: The ACI has been asked by the Cyber Center of Excellence to help evaluate new sources of training.
1.3. Objectives: The basic service objective includes the following:
1.3.1. Provide six (6) user seats, with education materials and information technology resources as required to successfully complete the training, for a one (1) week course on Cyber HUNT methodologies.
1.3.2. Provide six (6) user seats, with education materials and information technology resources as required to successfully complete the training, for a one (1) week course on Cyber Defensive Operations methodologies for the Microsoft Windows line of Operating Systems.
1.4. Scope: Services include one (1) week of Cyber HUNT training for six (6) users to include all training materials necessary and one (1) week of Cyber Defensive Operations training for six (6) users to include all materials necessary. The Contractor shall accomplish two (2) weeks of contiguous training, provide all necessary materials required to complete the training unless it is deemed in the best interest of the United States Government (USG), in agreement with the contractor, that the learning objectives of the individual courses are best met when the courses are separated or when the USG mission dictates a break in training schedule.
1.5. Period of Performance: Period of performance shall be six (6) months from the date of the contract award allowing for appropriate scheduling for vendor travel and to accommodate the customer schedule as needed to ensure the maximum number of attendees.
1.6. General Information
1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).
1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than (NLT) the official contractor proposal and within five (5) days of any proposed changed to the Contracting Officer Representative (COR) or Contracting Officer (KO).
1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.
1.6.1.1.2. Within one (1) week from the completion of the training courses or upon request from the COR or KO, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.
1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.
1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.
1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.
1.6.2. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE), Government Furnished Property (GFP), and Government Furnished Material (GFM)]in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of Property Management in accordance with (IAW) FAR clause 52.245-1 Government Property.
1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day
1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.
1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:
1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.
1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.
1.6.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 0800 and 1700 EDT Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedule may be considered.
1.6.5. Place of Performance: IAW PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at the United States Military Academy at West Point.
Specific building location will be determined by the customer based on scheduling and will be communicated to the contractor in advance of the start of the training.
1.6.6. Security Requirements: Contractor personnel shall have a federally recognized identification and the ability to access military installations (no outstanding warrants or citations) at the time of the training, and must maintain the level of security required for the duration of the contract. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW DODD 8570.
1.6.6.1. How to submit security clearance requests, 2) Exact office location, 3) Documents required, 4) include the applicable data systems, JPAS, eQuip, etc, and 5) the website. The current process to apply for an industrial personal security clearance is as follows:
a. Originate the request through your Contractor Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement. Individuals cannot apply for a personnel security clearance application on their own. The security clearance process begins when a company determines that an employee or candidate for employment requires a personnel security clearance to access classified information in order to perform the duties of his or her position. If the applicant has never held a personnel security clearance, or if their previous clearance was terminated more than 24 months ago, this is referred to as an initial clearance. The employee must complete an Electronic Questionnaire for Investigations Processing (e-QIP), signature pages and submit fingerprints electronically for all initial investigation requests.
b. Requests for clearances are sent to the Personnel Security Management Office for Industry (PSMO-I) which can issue interim clearances for industry personnel on behalf of the DoD and User Agencies under the National Industrial Security Program. The kind, or type, of investigation conducted depends on the access level that the individual is required to have to perform his or her official duties. For access to CONFIDENTIAL or SECRET information, a National Agency Check with Local Agency Checks and Credit Check (NACLC) is completed. For access to TOP SECRET or Sensitive Compartmented Information (SCI) information, a Single Scope Background Investigation (SSBI) is required.
Average Investigation timelines (days) for FY15 were as follows:
NACLC: 75
PHASE/SSBI -PR: 230
SSBI: 177
c. Upon the completion of the background investigation, DoD Adjudications Facilities adjudicates the case. The adjudicator considers the following factors when evaluating an individual's conduct:
1. The nature, extent and seriousness of the conduct
2. The circumstances surrounding the conduct, to include knowledgeable participation
3. The frequency and recency of the conduct
4. The individual's age and maturity at the time of the conduct
5. The extent to which participation is voluntary.
6. The presence or absence of rehabilitation and other permanent behavioral changes
7. The motivation for the conduct
8. The potential for pressure, coercion, exploitation, or duress; and
9. The likelihood of continuation or recurrence of the conduct Each case is judged on its own merits and the final determination is the responsibility of the specific department or agency that adjudicates the clearance eligibility. Any doubt regarding whether access to classified information is clearly consistent with national security must be resolved in favor of national security.
d. Personnel Security Clearances must be kept to an absolute minimum based on contractual needs; for more information please visit http://www.dss.mil/psmo-i/indus_psmo-i_process_applicant.html.
e. Safeguarding For Official Use Only (FOUO) Information. During normal duty hours, the Contractor shall place information determined to be FOUO in an out-of-sight location, if visitors, casual traffic, and other non-
Government/Non-Contractor personnel have access to the work area. During non-duty hours and at the close of business, the Contractor shall store FOUO records, so as to preclude unauthorized access. The transmission, termination of, and disposal of, FOUO documents will be consistent with Army Regulations (AR) 380-5, Protection of FOUO, Information and Installation Policy.
f. Network Access. Contractor personnel requiring access to Government-owned computer networks must obtain the proper background level of investigations, with favorable results, at the Contractor’s expense, prior to being issued a user identification and password IAW AR 380-67 and AR 380-5. Additionally, Contractor employees and associated subcontractor employees must complete the DoD IA, Information Awareness training, before issuance of network access, and annually thereafter.
g. Accounting for Common Access Cards (CACs) for Contractor Personnel Departing
CAC Issuance and Revocations: DoDI 5200.46, September 9, 2014
A CAC will not be issued (or maintained) by a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk.
a. An individual’s conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about his or her reliability or trustworthiness and may put people, property, or information systems at risk. An individual’s past criminal or dishonest conduct may put people, property, or information systems at risk.
b. Therefore, conditions that may be disqualifying include:
(1) A single serious crime or multiple lesser offenses which put the safety of people at risk or threaten the protection of property or information. A person’s convictions for burglary may indicate that granting a CAC poses an unacceptable risk to the U.S. Government’s physical assets and to employees’ personal property on a U.S.
Government facility.
(2) Charges or admission of criminal conduct relating to the safety of people and proper protection of property or information systems, regardless of whether the person was formally charged, formally prosecuted, or convicted.
(3) Dishonest acts (e.g., theft, accepting bribes, falsifying claims, perjury, forgery, or attempting to obtain identity documentation without proper authorization).
(4) Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, income tax evasion, expense account fraud, filing deceptive loan statements, or other intentional financial breaches of trust.
(5) Actions involving violence or sexual behavior of a criminal nature that poses an unacceptable risk if access is granted to federally-controlled facilities and federally-controlled information systems. For example, convictions for sexual assault may indicate that granting a CAC poses an unacceptable risk to the life and safety of persons on U.S.
Government facilities.
(6) Financial irresponsibility may raise questions about the individual’s honesty and put people, property or information systems at risk, although financial debt should not in and of itself be cause for denial.
(7) Deliberate omission, concealment, or falsification of relevant facts or deliberately providing false or misleading information to an employer, investigator, security official, competent medical authority, or other official U.S.
Government representative, particularly when doing so results in personal benefit or which results in a risk to the safety of people and proper safeguarding of property and information systems."
Compliance with HSPD-12: On 07 Mar 14 the Secretary of the Army published Army Directive 2014-05, which establishes HSPD-12 investigative and adjudicative policy and procedures to support credentialing determinations for the issuance of CACs to eligible Army Contractor personnel. HSPD-12 mandates a Government wide standard for secure and reliable forms of identification issued by the Federal Government for physical access to federally controlled facilities and/or logical access to federally controlled information systems. The CAC is the DoD federal personal identity verification credential.
The purpose of security screening is to ID those persons who may pose a threat to good order and discipline on West Point by either denying them access or placing restrictions on their movement. The following criteria will be used as a guideline for determining denial of access to West Point:
(1) (U) Any record of a felony conviction for a crime (includes murder, rape, sale of illegal drugs, grand theft, arson, and kidnapping).
(2) (U) Three or more misdemeanor convictions within the past five years (includes assault, theft of $500 or less, and excludes traffic violations).
(3) (U) VCC personnel will NOT relay the source of the information to the visitor (e.g. visitors will not be told that the information comes from the Bars and Suspension List or from NCIC screening). Subjects are not authorized to view the information under any circumstances.
(4) (U) The SC is the final approval authority for any adjudication request for access denial.
If CTRs meet access control standards of Army Directive 2014-05 (Policy and Implementation for Common Access Card Credentialing and Installations Access for Uncleared Contractors, dated 7 Mar 14) then DoD Consolidated Adjudications Facility (CAF) will conduct centralized adjudications of favorable HSPD-12 background investigations. The DoD CAF will forward investigations that cannot be favorably adjudicated to the Defense Office of Hearings and Appeals (DOHA) for a final credentialing determination. The Contractor shall complete the Updated Personal Identity Verification of Contractor Personnel for Common Access Cards (CACs) form contained as Technical Exhibit H which will be provided to the COR NLT the 10th day of each month.
The Contractor shall immediately report any lost CAC or Government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other Government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other Government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.
(1) In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the Trusted Agent (TA) who will ensure CAC permissions are revoked the same day. In various instances a contractor employee may not be on task (working) due to furloughs, suspensions pending the outcome of an investigation, or the contract reaches the end of the period of performance (POP) and renewal is anticipated but not yet complete. During these occurrences, the TA or a representative from the contractor (TA’s choice) will collect and retain the CACs of the affected contractor personnel residing in the local area however;
CAC permissions will not be revoked in the Trusted Associate Sponsorship System (TASS). Collecting CACs however, may not be feasible for contractor personnel located in remote locations. When contractor personnel return to work under the contract, they will retrieve their CAC from the responsible party who collected it.
(2) The contractor shall include a monthly report listing contractor employees who departed during the previous month and the date their CACs were turned in using the format listed below.
Employee Name
Contract Number
TO
Number
Company Name
Office Symbol
TA
Name
Termination Date
Date CAC returned to RAPIDS Site
Remarks
Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190-51; Department of Defense (DOD) 4500.9-R, and Department of Defense Instruction (DODI)
5100.76 and DODI 5220.22, and applicable West Point regulation or policies. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13.
Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5, West Point 380-5 and FORSCOM Supplement 1 to AR 380-5, if classified materials are being stored. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.
In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.
When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.
Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s security program.
Information Security Plan. The Contractor shall develop and implement an Information Security Plan IAW AR 380- 5 AR 380-67, West Point (FB) 380-5, FB 380-67, and FORSCOM Supplement 1 to AR 380-5, for the control of classified information. The Contractor’s information security program shall include applicable provisions of AR 380-series regulations.
National Industrial Security Program (NISP). The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with—(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD
5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor. In addition, the Contractor’s security program shall include provisions for, but not limited to:
--Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1.
--Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.
--In-processing and out-processing Contractor personnel for security matters.
--Obtaining Contractor personnel security clearances.
--Documenting and reporting actual and potential security problems.
--Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.
--Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with AR 25-400-2 or other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DOD 5200.1-R, NISP Operating Manual.
1.6.7. Special Qualifications. None
1.6.7.1. General:
1.6.7.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in the PWS and security requirements during the execution of this contract.
1.6.7.1.2. Contractor 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 properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.
1.6.7.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.
1.6.7.1.4. Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract as needed and indicated by the COR or KO.
1.6.7.1.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative.
Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved DES Form 118 to the Installation All American VCC, detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an AIE visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.
1.6.7.1.6. Anti-Terrorism Program
1.6.7.1.6.1. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html.
1.6.7.1.7. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti Terrorism Office (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 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract.
1.6.7.1.8. (if applicable) Contractor Employees Requiring Access to Government Information Systems: (First sentence; IAW PARC Policy Alert 14-3, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13) Contractor shall have access to Government-controlled information systems during performance of work under this contract. All contractor employees and associated subcontractors who require access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of support services, and must successfully complete the DoD Information Assurance Awareness prior to access to the information systems. Training shall be required annually after the initial training. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of commencing performance under this contract.
1.6.7.1.9. OPSEC Training: Per AR 530-1, Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.
1.6.7.1.10. Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoDD 8570.01-M and AR 25-2 within 180 days of employment.
1.6.7.2. Other Qualifications: Instructors must have a deep and demonstrable understanding of the material and a background with practical experience that can validate the understanding of the material being taught.
1.6.8. Reserved
1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment.
The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.
1.6.10. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.
1.6.10.1. Reserved.
1.6.11. Contractor Personnel:
1.6.11.1. Identification of Contractor Personnel: All Contractor personnel attending meetings, answering government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. (The following is IAW PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13. Ensure FAR 52.204-9 is included in solicitation/contract).Any information systems or information processing systems which store, forward, or retain information which is the property of the United States Government must utilize software and hardware which is approved according to the Federal Information Processing Standard (FIPS) Publication (PUB) 201 when the devices or systems process For Official Use Only (FOUO) Information.
1.6.11.1.1. All contractors must be issues a Contractor Identification badge through the USMA Visitor’s Center.
The badge shall be worn at all times, when performing work under this contract, to include attending government meetings and conferences. Unless otherwise specified in the contract, Contractor personnel shall wear the contractor identification badge in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.
1.6.11.1.2. Contractor personnel shall be required to obtain a badge at least one (1) work day prior to start of base contract period or at least one hour before the start of the first class or prior to performance under this contract, whichever comes first.
1.6.11.1.3. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.
1.6.11.1.4. The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. (The following is IAW PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31 Dec 13.)
Final payment may be delayed if Contractor fails to comply with these requirements.
1.6.11.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.
1.6.12. Reserved.
1.6.13. Reserved.
1.6.14. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, to include the source codes of any software, produced under this task order shall be government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without written permission from the contracting officer. All materials supplied to the government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.
1.6.15. Organizational Conflict of Interest:
1.6.15.1. Purpose. To aid in ensuring that:
1.6.15.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;
1.6.15.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and
1.6.15.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.
1.6.15.2. Definitions.
1.6.15.2.1. The term “Contractor” herein used in section 1.6.16., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.
1.6.15.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees.
Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.
1.6.15.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.
1.6.15.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.
1.6.15.3.2. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.
1.6.15.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.
1.6.15.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.
1.6.15.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).
1.6.15.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).
1.6.15.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).
1.6.15.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4).
In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.
1.6.15.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized…
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