Performance_Work_Statement,_(PWS)_W911SG-17-T-0008,_Ft_Bliss.pdf

PERFORMANCE WORK STATEMENT

Joint Modernization Command (JMC), Information Technology (IT) Help Desk Support Services

PART 1

GENERAL INORMATION

1. General. This is a non-personal services contract to provide Information Technology (IT) Help Desk support services. Consistent with FAR 37.104 guidance, the Government shall not exercise supervision or control over contractor employees. Contractor employees are accountable to the Contractor, which is responsible to the Government.

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 IT Help Desk Service at the Joint Modernization Command (JMC), Fort Bliss, Texas as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2. Background. The JMC G6 office provides IT support for all JMC personnel in Garrison as well as during Network Integration Evaluation (NIE)/Army Warfighter Assessment (AWA) events which are executed twice a year. Additionally, the JMC interfaces with organizational members of the NIE TRIAD within our facilities to provide IT support or coordination between TRIAD members and the Fort Bliss

Network Enterprise Center (NEC).

1.3. Objectives. The objective of this contract is to obtain IT Help Desk Services to support JMC and

TRIAD personnel. This includes desktop computers, laptops, printers and all ancillary items related to these systems as well as telephones and telephone service. The contracted vendor will troubleshoot problems with desktop computers, network connectivity, phones, and other peripherals via phone, email, or in person, permitting the mission to move forward without undue delays.

1.4. Scope. This contract includes all IT Help Desk functions, tasks and responsibilities normally performed as non-personal services. The Contractor shall be responsible for providing qualified personnel that are subject matter experts with the expertise and experience to meet the conditions outlined within this contract.

The Contractor shall provide personnel to perform IT Help Desk services on the Fort Bliss Campus Area

Network (CAN) located on East or West Fort Bliss, Texas, within the JMC operational footprint. The JMC operational footprint consists of 250+ personnel (military, civilians, and Contractors). Based on past history there is a record of 40 tickets processed monthly. The Contractor shall troubleshoot problems with desktop computers, network connectivity, phones, and other peripherals via phone, email, or in person until the work order is complete. The Contractor shall also support the existing and newly acquired hardware and software. This includes, but is not limited to, maintaining Windows 7 or Windows 10 operating systems, Microsoft Office 2013 Suite, Adobe Professional X and Adobe Professional Suite, as well as Microsoft

Outlook setup. It is imperative that Contractor employees have the requisite skills and knowledge to provide a stable and usable environment in a timely manner. Contractor employees assigned to this contract shall possess Computing Technology Industry Association (COMPTIA) A+, and Security+ Certifications.

Additionally, they shall possess an appropriate Computing Environment Certification or current computing certificate as directed by the Department of Defense (DoD). The Contractor shall provide Microsoft

Certified Technology Specialist in Microsoft Windows 7 or Windows 10. Contractor personnel shall stay current on the Microsoft operating systems, Office products, and Adobe products. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, New Mexico and Texas State Law(s), Occupational Safety and Health Administration (OSHA) regulations, Army and installation regulations.

1.5. Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and two (2), 12-month option years, as follows:

Base Year 28 October 2017 – 27 October 2018

Option Year I 28 October 2018 – 27 October 2019

Option Year II 28 October 2019 – 27 October 2020

1.6. Hours of Operation

1.6.1. Normal Duty Hours. The Contractor is responsible for providing performance/service, between the hours of 0800 and 1700 Monday through Friday except on 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 will not be reimbursed when the Government facility is closed for the above reasons. Overtime must be approved by the Contracting Officer, in writing, 24 hours in advance. This request shall contain a brief description of the work; labor categories required; names of proposed employees; number of overtime hours; cost by labor category; and the reason(s) why the work cannot be performed through the use of flex time, extra-pay shifts, multi-shifts, or through modifying regular duty hours, in lieu of overtime. 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.

1.6.2 Exercise Duty Hours. Hours of operation during NIE/AWA events are typically set from 0600 to

1800. There are two events conducted per year and the duration of each event varies based upon the complexity of the exercise.

1.6.3. Federal Government Holidays.

a. New Year’s Day 1st day of January

Martin Luther King Jr.'s Birthday 3rd Monday of January

Presidents Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day 4th day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11th day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th day of December

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed by the Government, either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

d. When the Department of Defense grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the

Contracting Officer’s Representative (COR). Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

e. If Government personnel are furloughed, the Contractor shall contact the Contracting Officer or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed Government employees. In the event of a Government shutdown or furloughed Government employee(s) impacts contract price/cost, a negotiated settlement will be reached as deemed appropriate by the Contracting

Officer.

1.6.4. Inclement Weather Operations. In cases of severe weather, the Contracting Officer may authorize exceptions to the normal hours of operation. When exceptions are granted, the Contractor shall make up all missed services within twenty-four (24) hours after the severe weather has terminated, unless the

Contracting Officer authorizes additional time. Rescheduling to provide make-up services shall not be a basis for a claim by the Contractor for additional compensation.

1.7. Place of Performance. The Contractor’s primary place of duty will be located at Building 2 Sheridan

Road. The Contractor will be required to perform work under this contract at the Fort Bliss Campus Area

Network (FBCAN) located on East or West Fort Bliss, Texas within the JMC operational footprint.

NIE/AWA support may also extend throughout the White Sands Missile Range (WSMR) installation.

1.8. Type of Contract. The Government will award a Firm Fixed Price Contract that complies to the FAR

52.212-1, 52.212-4, FAR 52.212-3, and 52.212-5.

1.9. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government in accordance with (IAW) the terms and conditions contained in Federal Acquisition Regulation (FAR) Subpart 52.246-1 entitled, “Contractor Inspection

Requirements” and applicable sub-clauses pertaining to quality control.

1.9.1. The Contractor shall develop, implement, and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services are provided to the Government. 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.

The Contractor shall submit one electronic copy of its QCP to the Contracting Officer for approval, within five (5) calendar days after contract award. The QCP shall be in either Adobe PDF or MS Office format.

The Contractor shall submit proposed changes to the QCP to the Contracting Officer for approval at least five (5) days prior to making them.

1.9.2. Corrective Actions. At any time it is determined by the Contracting Officer that the Contractor’s quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, the Contractor shall take action to correct the deficiency. If a Contract

Deficiency Report (CDR) is issued, the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance, and CA to the root cause to prevent recurrence and a corrective action including the timeline for completion.

1.10. Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed IAW the requirements of the contract. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.10.1. Post-Award Conference/Periodic Progress Meetings. The Contractor shall attend any post-award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the

Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. The meeting minutes shall be documented by the Contracting

Officer and/or COR and maintained as part of the COR file.

1.11. Antiterrorism (AT) and Operations Security (OPSEC).

1.11.1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

https://jkodirect.jten.mil

1.11.2. Access and General Protection/Security: Policy and Procedures. Contractor and all associated subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of

Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, Headquarters Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the

Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

https://jkodirect.jten.mil/

1.11.3. iWATCH Training. The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally 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 thirty (30) calendar days of contract award and within thirty (30) calendar days of new employees commencing performance, with the results reported to the COR no later than forty (40) calendar days from contract award.

1.11.4. OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete

Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.11.5. AR 25-2, Information Assurance, requires all personnel including contractors using Government computers or accessing Government networks, (NIPRnet or SIPRnet), to complete Information Assurance training. Contractor shall coordinate with COR to ensure training is conducted. CORs and the requiring activity will ensure that contractor personnel supporting IA functions are certified in accordance with DOD

8570.01-M.

1.11.6. DFARS clause 252.239-7001 (Information Assurance Contractor Training and Certification) is applicable to this contract and task orders issued hereunder. Contractor personnel performing IA functions as described in DoD 8570.01-M and Army CIO/G-6 Best Business Practice 05-PR-M-0002 shall have the required IA certifications and appropriate operating system certification for information assurance support positions as required by DoD 8570.01-M. The intent of the DFARS clause 252.239-7001 is to implement the manual. Section C2.3 of the manual provides further guidance for training and certification

1.11.7. Contractor Employees Who Require Access to Government Information Systems. All Contractor personnel with access to Government information systems and networks shall successfully complete all required information assurance (IA) awareness training as specified in AR 25-2 and as directed by the

Government requiring activity. Training is available at https://ia.signal.army.mil. All required IA awareness training shall be taken prior to or upon the start of contract performance and annually thereafter.

1.11.8. Threat Awareness Reporting Program (TARP): IAW AR 381-12, 1-10 all DA contract employees possessing a security clearance shall receive annual Threat Awareness and Reporting Program (TARP) training instructed by a Counterintelligence (CI) agent or other trainer as specified in AR 381-12, 2-4b.

Training shall be accomplished annually during the organization's scheduled TARP training session. In those instances where live training is not possible, such as in deployed theaters of operation. CI units may, in coordination with appropriate commanders, develop alternative means to conduct threat awareness training and meet the requirements of AR 381-12.

1.12. Security.

1.12.1. OPSEC Plan. Contractor shall abide by the ARCIC OPSEC Plan.

1.12.2. Security Requirements. Contractor personnel shall be able to obtain and maintain Secret access eligibility through the completion of a NACLC or equivalent security clearance investigation adjudicated by DoD CAF or DISCO.

1.12.3. Common Access Card (CAC): Contract personnel must be able to obtain and maintain a favorable suitability/fitness determination under 5 CFR 731 or equivalent. The Government will submit background investigations for positions that require a Common Access Card (CAC) and/or IT access only. For contractors, the minimum requirement for access to classified federal information systems is as follows:

https://ia.signal.army.mil/

IT-II access, a NACLC (SF 86); and IT- III access, a NACI (SF 85). Prior to CAC issuance, the NAC (FBI

10-point fingerprint check) must be completed without adverse comment, and the NACI or equivalent

MUST BE INITIATED. CACs will not be issued before the fingerprint check results have been completed and the investigation has been submitted. FINGERPRINTS AND THE APPROPRIATE

INVESTIGATION WILL BE SUBMITTED BY THE GOVERNMENT. Installation Security Office will submit all background investigations on prospective contractors requiring CAC and/or network access.

Contractors must ensure an owning relationship is established in the Joint Personnel Adjudication System

(JPAS) for each individual performing duty in support of this performance work statement/task order. Visit

Requests shall be sent to the Organization's Security Management Office (SMO) Code.

1.12.4. Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use IAW AR 190-13, The Army Physical Security

Program. Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a monthly basis. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.12.5. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the

Government shall be duplicated. The methods implemented shall be incorporated within the Contractor’s

Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer, COR and Security Manager.

a. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from 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. Any

Government property stolen or damaged in association with keys being duplicated, misplaced, or lost by the Contractor personnel shall be reimburse the Government accordingly.

b. 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

Contracting Officer.

1.12.6. Lock Combinations. The Contractor shall establish and implement methods of ensuring that no lock combinations are 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 Quality Control Plan.

1.12.7 Safety. The Contractor shall establish and maintain a safety plan, of which a draft plan shall be submitted to the Contracting Officer at the time of proposal. Contractor’s final Safety Plan shall be submitted no later than (NLT) 10 calendar days after contract award.

1.12.8. Reporting of Fire and Safety Hazards. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.12.9. Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or authorized representative for final resolution. The Contractor shall notify the Contracting Officer or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the Contracting Officer or designated representative and COR.

1.12.10. Reporting Mishaps. The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The

Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the

Contractor shall report: (1) Injury to or occupational illness of on-duty Contractors; (2) Damage to

Government furnished material, property or equipment; (3) Contractor accidents involving Army property and personnel.

1.12.11. Emergency Services.

a. The Contractor shall employ competent personnel, capable of dealing with minor personnel injuries. Contractor employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the Contracting Officer or COR within 30 minutes of the incident.

b. Emergency medical treatment and services for Contractor personnel is the responsibility of the

Contractor. The costs of any emergency medical care provided at military facilities will be reimbursable to the Government.

1.12.12. Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Contracting Officer, designated representative or COR, and shall notify the Contracting Officer of the corrective action to be taken.

1.13. Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the Army and Fort Bliss, Texas/WSMR, New Mexico. Contractor personnel shall comply with installation security and access procedures and the Contractor’s final Safety

Plan.

1.13.1. Motor Vehicle Operators. Contractor personnel whose tasks involve operation of any vehicles shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

1.13.2. Authorization to Work. Contractor personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card.

1.13.3. Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.13.4. Identification of Contractor Employees.

a. The Contractor (to include subcontractors) shall provide each employee an Identification (ID)

Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each

Contractor (to include subcontractors) employee 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 Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

b. 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 contractor personnel to avoid creating an impression in the minds of members of the public that they are Government officials.

c. Contractor personnel shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.13.5. Conflict of Interest.

a. Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract will receive no privileged, proprietary, or otherwise sensitive information without the Government’s knowledge and without both the Government and Contractor implementing appropriate safeguards or agreements thereon. Contractor employees shall not divulge any information accessed and obtained during the course of performing these tasks to other

Contractor staff or anyone outside the Government. The Contractor shall notify the Contracting

Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a mitigation plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting

Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the

Contracting Officer may direct other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contract requirements which may be affected by the OCI.

b. Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest.

Additionally, the contractor shall not knowingly employ any person who is an employee of the

Government, either military or civilian, unless such person seeks and receives written approval according to DoD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QARs) whom the

Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the contractor.

1.13.6. Contractor Code of Business Ethics and Conduct. IAW FAR Subpart 3.1004(a) FAR Clause

52.203-13, Contractor Code of Business Ethics and Conduct, the Contractor shall comply with established regulations to include application of FAR Clause to applicable subcontracts.

1.13.7. Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the

Government. The Contractor shall ensure that contractor personnel present a professional appearance.

Contractor employees 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 all contractor 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 employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced 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 the Procurement

Integrity Act (see FAR 3.104) relative to release of contract information or actions or discussions which may prejudice future contract actions. The Contractor shall ensure no contractor employees conduct political activities or events while performing work on the contract.

1.13.8. Contractor Advertising. The Contractor shall not place or display advertising of any kind on

Government property.

1.13.9. Special Qualifications. Contractor and any sub-contractor employees assigned to this contract shall possess and maintain at a minimum the following training/certifications throughout the life of this contract:

CompTIA A+; Security+; appropriate Computing Environment Certification or current computing certificate as directed by DoD; Microsoft Certified Technology Specialist in Windows 7 or Windows 10.

Incumbents are required to stay current on the Microsoft operating systems, Office products, and Adobe products.

1.13.10. Key Personnel: The follow personnel are considered key personnel by the Government:

a. Project Manager (PM)/alternate PM.

1) The Contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the

PM is absent shall be designated in writing to the Contracting Officer within 10 calendar days after contract award. Thereafter, the Contractor shall provide notice of any changes to the Contracting Officer five (5) business days prior to an expected change and no less than 24 hours after unplanned changes. The PM or alternate PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract.

2) The PM or alternate PM shall be available between 0800 hours and 1700hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.13.11. Supervision of Contractor Employees. The Government will not exercise any supervision or control over Contractor or Subcontractor employees 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 employees.

1.14. Contractor Travel. The Contractor may be required to travel to training ranges located at WSMR, New Mexico during the performance of this contract to support NIE/AWA IT Help Desk services.

1.15. Training. As new Information Technology courses or updates required to fulfill the scope of the work become available, the Contractor shall train and certify its employees. As any mandated DoD training or updates are released by the Army, the Government will train and certify contractor employees. The contractor will be apprised by the Government of training times and location for which Contractor shall schedule its employees to attend. All training will be conducted during normal operational hours.

1.16. Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the 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.

1.17. Non-displacement of Qualified Workers (May 2014). As prescribed in FAR 22.1207, the following clause (FAR 52.222-17) applies to this contract:

(a) “Service employee,” as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term “service employee” includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee’s qualifications based upon the individual’s education and employment history, with particular emphasis on the employee’s experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor’s first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bona fide offer of employment).

(c) (1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee’s past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c) (4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business

Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least

35 percent of all of its employees reside within a HUBZone). The HUBZone small business

Contractor or subcontractor must consider whether it can meet the requirements of this clause and

Executive Order 13495 while also ensuring it meets the HUBZone Program’s requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment

Opportunity), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d) (1) The Contractor shall, not less than 30 days before completion of the Contractor’s performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice

(Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor

Contractor’s workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or

(ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e) (1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than

10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause

(52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the

Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S.

Department of Labor, and the service employees under the contract or its predecessor contract. The

Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour

Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email displaced@dol.gov .

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the

Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, the appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the

Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United

States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of mailto:displaced@dol.gov the Department of Labor requests, upon a determination by the Administrator, the Administrative Law

Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d)…