PWS _16-T-0028 _Bragg _DPW _GIS _9Jun16.docx
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PERFORMANCE WORK STATEMENT (PWS)
Geospatial Information Systems (GIS) Support Services Fort Bragg, NC
PART I
GENERAL INFORMATION
1. GENERAL: This is a non-personal services contract to provide an Installation-wide geospatial capability and use that capability to support the daily geospatial business needs of all Garrison Directorates and Support Offices. 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 geospatial information systems support, 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.
1.2. Background: The Fort Bragg Directorate of Public Works’ (DPW) mission is to manage an Installation-wide geospatial capability and use that capability to support the daily geospatial business needs of all Garrison Directorates and Support Offices. The program is responsible for providing oversight on the creation, maintenance, and management of Installation geospatial data. This Statement of Work describes requirements for supporting DPW with the following objectives:
· Provide support for the Installation-wide geospatial information system (GIS) and Computer Aided Design and Drafting (CADD) capabilities
· Create, maintain and distribute authoritative standardized geospatial information, products, and services in compliance with AR 115-13, GIS Quality Assurance Plans (QAP), and other Office of the Assistant Chief of Staff for Installation Management (OACSIM), Installation Geospatial Information & Services (IGI&S) standards
· Increase availability of geospatial capabilities to all users
· Provide suggestions for eliminating redundant geospatial data and capabilities
1.3. Objectives: The basic service objective includes the following:
1.3.1. The goal is to ensure geospatial data acquired, developed and maintained for Fort Bragg meet compliance with Army IGI&S program standards, and support Installation management missions. Geospatial support services are to be provided to Fort Bragg Directorate of Public Works (DPW) and Garrison support activities. Geospatial information shall be made available to all USAG Bragg and uploaded to Army Mapper quarterly.
1.4. Scope: The contractor shall provide support services for the development and maintenance of consistent, accurate, and easily accessible geospatial data, as well as providing distribution, processing and analysis services. The contractor shall provide specialized analyses utilizing Installation geospatial information in support of the Installation’s management missions.
1.4.1. Support services also include but are not limited to:
· Spatial Data Standards for Facilities, Infrastructure & Environment (SDSFIE) compliance
· Global Positioning System (GPS) services
· Geospatial data creation, update, and maintenance
· Mapping, printing, and plotting of geospatial products
· CADD to GIS or GIS to CADD conversion
· Spatial analysis
1.4.2. Enhanced overall delivery of geospatial support to the Installation such as:
· Maximizing the ability to share and access geospatial data across the Installation
· Provision of responsive, value added support.
1.4.3. The Contractor shall provide geospatial specialists, analysts and technicians with a thorough level of knowledge and experience in geospatial information. The work force must be fluent in geospatial systems to include GIS and CADD software, geospatial standards (SDSFIE and FGDC), GIS map production, analysis, geospatial data management and creation, and Department of Defense (DoD) and Army policies. The contractor shall also provide support for administrative tasks, graphic design, and technical expertise in GIS and CADD.
1.4.4. The Contractor shall utilize the Installation GIS program project tracking spreadsheet to log required information throughout the period of performance (PoP). An export from the tracking spreadsheet shall be provided as an appendix in each monthly status report during the PoP. Data entry into the tracking spreadsheet shall be initiated upon contract award.
1.5. Period of Performance: The period of performance shall be for a 30 days phase-in period, an eight (8) month base period, and two (2), 12 month option periods.
1.6. General Information
1.6.1. Place of Performance: The work to be performed under this contract will be at U.S. Army Garrison, Fort Bragg, North Carolina.
1.6.2. 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 52.212-4 (a) Inspection/Acceptance).
1.6.2.1. 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) 30 days after contract award and within five (5) days of any proposed change to the Contracting Officer Representative (COR) and Contracting Officer (KO).
1.6.2.1.1. 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.
1.6.2.1.2 The Contractor shall participate in a quarterly meeting with the Government COR to discuss progress made on deliverables and actions executed during the quarter, outstanding issues, and project milestones. The Contractor shall record detailed minutes from each QPR meeting and send electronic report within five (5) business days after the meeting to the Government COR.
1.6.2.1.3. 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.
1.6.3. 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.
1.6.4. 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.
1.6.5. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE); 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.
1.6.6. 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. Day | Columbus Day | ||
| President’s Day | Veteran’s Day | ||
| Memorial Day | Thanksgiving | ||
| Independence Day | Christmas |
1.6.6.1. 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.
1.6.6.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:
1.6.6.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.
1.6.6.2.2. Reschedule the work on any day that is mutually satisfactory.
1.6.7. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:30 PM; 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. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. 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.
1.6.8. Place of Performance: Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at Directorate of Public Works, Master Planning Division, Fort Bragg, North Carolina.
1.6.9. Security Requirements: The Government will provide assistance to the Contractor employee(s) supporting this requirement in obtaining base/installation and workplace access during the period of support. All access credentials (i.e., Common Access Card; installation or organization badges) are the property of the Government and shall be returned to the Government at the completion of the support services.
1.6.9.1. Compliance with all DoD and U.S. Army regulations pertaining to access to Government information systems (IS) is mandatory. Failure to comply is grounds for immediate dismissal.
1.6.9.2. Non-US citizen contractor personnel will not be utilized on this contract.
1.6.9.3. The Government will execute a DD Form 254, Defense Contract Security Classification Specification, based on the following information to be provided by the Contractor or sub-Contractor, as applicable.
· Company Information
· Name
· Address
· Zip Code
· Cage Code
· Cognizant Security Office information
· Name
· Address
· Zip Code
1.6.9.4. Contractor employees utilized to perform the requirements under this contract may not require access to classified Government information. However, they must be able to obtain a favorable public trust background investigation submitted on Standard Form 85P and favorable FBI fingerprint check result prior to being issued a Common Access Card (CAC) identification card or granted access to Government computers and network. Further, the Contractor employee must be able to pass all security requirements IAW the Installation Provost Marshall or agency/organization security manager in order to gain access. The Contractor shall be responsible for any delays caused by failure of its employees to meet the security requirements within this section.
1.6.9.5. The Contractor shall submit confirmation prior to starting work of the individual’s current level of security clearance or lack thereof to the appropriate Army office. The Contractor facility security officer shall sign the memorandum. Information to be submitted is as follows:
· Name of employee
· Employee’s Social Security Number
· Date of Birth, Place of Birth, US Citizenship status
· Facility Commercial and Government Entity (CAGE) Code
· Contract Period of Performance
· Visit Location
· Purpose of Visit
If desired by the Government, visit notifications will be submitted via the Joint Personnel Adjudication System (JPAS) following specified formatting instructions.
The Contractor shall comply with the appropriate Army Security and IT regulations for all personnel and systems the contractor produces under this contract. The Contractor shall represent Government interests while executing services under this contract.
1.6.9.6. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.9.7. Key Control: The Contractor shall establish and implement methods of making sure all keys 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 Contractor shall develop procedures covering key control that shall be included in the QCP. 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 KO and COR.
1.6.9.7.1. In the event keys other than master 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.
1.6.9.7.2. The Contractor shall prohibit the use of Government issued keys by any persons other than Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.
1.6.10. General:
1.6.10.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in PWS; security requirements during the execution of this contract.
1.6.10.2. 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.
1.6.10.3. 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.
1.6.10.4. 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. 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.
1.6.10.5. Anti-Terrorism Program
1.6.10.5.1. 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: https://atlevel1.dtic.mil/at
1.6.10.5.2. 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.
1.6.10.5.3. Contractor Employees Requiring Access to Government Information Systems. 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.
1.6.10.5.4. OPSEC Training: Per AR 530-1, Operations Security, the Contractor shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.
1.6.10.5.5. Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.
1.6.11. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO and/or COR may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO and/or COR 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. These meetings shall be at no additional cost to the Government.
1.6.12. 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.
1.6.13. 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.
1.6.13.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract. The name of this person, shall be designated in writing to the KO at the post award conference. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM shall be available between the hours of 7:30 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons
1.6.13.2. Qualifications for all Key Personnel: Professional staff working on this contract shall be considered experts in their field and shall have at least 5 years’ experience in their particular area of expertise.
1.6.14. Contractor Personnel:
1.6.14.1. 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
1.6.14.1.1. All Contractor personnel performing work under this contract shall obtain a Department of Defense (DoD) Common Access Card (CAC). The CAC shall be worn at all times, when performing work under this contract, to include attending government meetings and conferences.
1.6.14.1.2. 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.
1.6.14.1.3. 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.
1.6.14.2. 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.
1.6.15. Contractor Travel: Contractor may be required to travel CONUS during the performance of this contract to attend meetings, conferences, and training. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR), FAR 31.205-46, and the limitation of funds specified in this contract. All travel requires advanced approval/authorization by the COR.
1.6.15.1. Travel Templates. The Contractor shall produce a long distance travel request template, local travel log template, and a long distance trip report template. The templates shall be submitted to the COR within ten (10) days after contract award for approval.
The long distance travel request template shall include, at a minimum: Name, duty position, justification for travel, mode of travel, distance of travel, estimated time of travel, and POC of travel at the support site.
1.6.15.1.1. The Local Travel Log template shall include, at a minimum: Name, duty position, reason for travel, key personnel assisted (name, position, and phone number), significant activities accomplished during visit, follow-up requirements, recommendations/comments and signature block.
1.6.15.1.2. Long Distance Trip Report. Upon completion of long distance travel, a Long Distance Trip Report is required. Trip Reports shall be provided to COR within five (5) work days after travel has been completed. Additionally, all trip reports for the month will be rolled up into the monthly TSR. This report shall be submitted on the approved template and provide a synopsis of accomplishments performed during the travel period. The Contractor shall submit monthly invoices for reimbursement citing the appropriate CLIN. Each individual travel instance must be captured; copies of receipts, travel vouchers, etc. shall be attached to the invoice to support charges. Original receipts shall be maintained by the Contractor and made available to Government auditors upon request.
1.6.15.1.2.1. The long distance trip report template shall include at a minimum: Travelers name, position, reason for travel, mode of travel, duration of travel, destinations, organization visited, key personnel assisted (name, position, and phone number), significant activities accomplished, systems involved, discussion background, follow-up requirements, recommendations/ comments, and signature block.
1.6.16. 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.
1.6.17. Organizational Conflict of Interest:
1.6.17.1. Purpose. To aid in ensuring that:
1.6.17.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;
1.6.17.1.2. 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
1.6.17.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.
1.6.17.2. Definitions.
1.6.17.2.1. 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.
1.6.17.2.2. 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.
1.6.17.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.
1.6.17.3.1. 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.
1.6.17.3.2. 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.
1.6.17.3.3. 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.
1.6.17.4. 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.
1.6.17.4.1. 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).
1.6.17.4.2. 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).
1.6.17.4.3. 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).
1.6.17.4.4. 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.
1.6.17.4.5. 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 under the contract or such information has previously been released or otherwise made available to the public by the Government.
1.6.17.5. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.
1.6.17.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.
1.6.17.7. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.6.16., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor, in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.
1.6.17.8. Conflicts Involving Future Procurements. The award of this contract, government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.
1.6.17.9. Representations and Disclosures.
1.6.17.9.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.
1.6.17.9.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.
1.6.17.10. Remedies and Waiver.
1.6.17.10.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.16., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.
1.6.17.10.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).
1.6.6. Security Requirements: (If applicable) Contractor personnel shall have a [Insert the level of security required and who is required to have it; must match the requirement’s DD254. In some cases an interim is acceptable per DD254.] at time [Indicate by when (i.e., of the proposal submission; within 10 days of ___)], and must maintain the level of security required for the duration of the contract. The security requirements are in accordance with the attached DD254. (The unit security monitor is responsible for initiating the DD254). 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. (Include details for 1.6.6) 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. Ensure we provide them with sufficient Phase-In days to obtain clearance. 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 Fort Bragg 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 Fort Bragg:
(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.
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