W91247-18-R-0012_FORSCOM_SRT2P_FINAL_RFP_9AUG2018.pdf
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CODE
(Hour)
PAGE(S)
until 10:00 AM local time 17 Aug 2018
X
A X B X C
D
EX
X G F 50 - 60
61 - 68 X H 69 - 73 terryann.j.lewis.mil@mail.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 73
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W91247 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
Refer to Section L conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
TERRY ANN J. LEWIS 910-643-3836
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 8
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
9 - 33 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
35 - 36
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 37 - 39 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 40 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
41 - 48
PART II - CONTRACT CLAUSES
MICC CENTER - FORT BRAGG
MICC FORT BRAGG - BLDG. 2-1731 ARMISTEAD ST.
FORT BRAGG NC 28310
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
09 Aug 2018
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W9124718R0012
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Months Phase-in
FFP
The Contractor shall provide all necessary labor, materials, and other items necessary to accomplish the requirements of the attached Performance Work Statement for FORSCOM Soldier Readiness Training (SRT) Phase-in Period of Performance.
FOB: Destination
PSC CD: Q999
NET AMT
0002 7 Months Strength & Conditioning Support Services
FFP
The Contractor shall provide all necessary labor, materials, and other items necessary to accomplish the requirements of the attached Performance Work Statement for FORSCOM Soldier Readiness Training (SRT).
0003 Job Travel
COST
The total estimated price of this CLIN shall not exceed $75,000.00.
This CLIN is COST. The Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience. Travel shall be reimbursed in accordance with the PWS, FAR 31.205-46, Travel Cost, and additional terms and conditions as specified therein.
ESTIMATED COST
0004 1 Each Contract Manpower Reporting
FFP
Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”.
Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.
1002 12 Months OPTION Strength & Conditioning Support Services
FFP
The Contractor shall provide all necessary labor, materials, and other items necessary to accomplish the requirements of the attached Performance Work Statement for FORSCOM Soldier Readiness Training (SRT).
1003 Job OPTION Travel
COST
The total estimated price of this CLIN shall not exceed $50,900.00.
This CLIN is COST. The Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience. Travel shall be reimbursed in accordance with the PWS, FAR 31.205-46, Travel Cost, and additional terms and conditions as specified therein.
1004 1 Each OPTION Contract Manpower Reporting
FFP
Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”.
Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.
2002 12 Months OPTION Strength & Conditioning Support Services
FFP
The Contractor shall provide all necessary labor, materials, and other items necessary to accomplish the requirements of the attached Performance Work Statement for FORSCOM Soldier Readiness Training (SRT).
2003 Job OPTION Travel
COST
The total estimated price of this CLIN shall not exceed $51,800.00.
This CLIN is COST. The Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience. Travel shall be reimbursed in accordance with the PWS, FAR 31.205-46, Travel Cost, and additional terms and conditions as specified therein.
2004 1 Each OPTION Contract Manpower Reporting
FFP
Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”.
Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.
3002 12 Months OPTION Strength & Conditioning Support Services
FFP
The Contractor shall provide all necessary labor, materials, and other items necessary to accomplish the requirements of the attached Performance Work Statement for FORSCOM Soldier Readiness Training (SRT).
3003 Job OPTION Travel
COST
The total estimated price of this CLIN shall not exceed $52,750.00.
This CLIN is COST. The Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience. Travel shall be reimbursed in accordance with the PWS, FAR 31.205-46, Travel Cost, and additional terms and conditions as specified therein.
3004 1 Each OPTION Contract Manpower Reporting
FFP
Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”.
Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
STRENGTH AND CONDITIONING COACH SUPPORT SERVICES
UNITED STATES ARMY FORCES COMMAND
PART I
GENERAL INFORMATION
1. GENERAL: This is a non-personal services contract to provide the United States Army Forces Command (FORSCOM) with technical Strength and Conditioning Coach Support Services. The Government will 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: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Strength and Conditioning Coach Support Services as defined in this Performance Work Statement (PWS), except for those items specified as Government Furnished Property (GFP), Government Furnished Equipment (GFE), incidental training equipment and services.
1.1.1. 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: FORSCOM CG has directed a human performance optimization and injury control program be executed at thirty (30) different battalions from Brigade Combat Teams, Functional Brigades, and Multifunctional Brigades in order to improve readiness through increased task-specific physical performance and medical availability.
1.2.1. The Army Medical Department’s 2017 Health of the Force Report stated that musculoskeletal (MSK) conditions were responsible for 53% of temporary non-deployable status among active component Soldiers. In the same report, FORSCOM brigades were reported to have up to 27% of Soldiers on intermediate-length MSK profiles, which reflects the effectiveness of forward MSK care, injury risk reduction, human performance optimization, and profile management programs.
1.2.2. Reserved.
1.3. Objectives: Improve unit readiness through unit-specific functional fitness training programs designed to meet each Units physical Mission Essential Tasks Lists (METL) requirements, and MSK prevention, rehabilitation, and reconditioning education and services. The government will provide the individual Unit METL documentation to the contractor during contract performance.
1.4. Scope. The Contractor shall support the FORSCOM SRT developing a strength and conditioning functional fitness training regimen and overseeing the execution of the unit training program.
1.5. Period of Performance: The period of performance shall include a phase-in period of 60 days, one (1) 7-month Base Period and three (3) 12-month option periods with a 30 day phase-out included in the final option year.
1.6. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor shall develop, implement, and maintain a Quality Control Program (QCP) to ensure all work described in this contract is performed at or above the standard defined in the Performance Requirements Summary (PRS). The QCP is developed by the contractor to ensure that it performs and delivers high-quality service and products. And it shall include methods of documenting and enforcing quality control operations of both prime contractor and or subcontractor work; including inspection and testing.
1.6.1. The Contractor shall provide their final written Quality Control Plan QCP no later than (NLT) thirty (30) days after contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s (KO) acceptance in writing or any proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation. The Quality Control Plan shall address as a minimum:
1.6.2. Inspection System. The contractor shall develop, implement and maintain a system to inspect their services as well as their subcontractor services and products to ensure compliance with PWS requirements, and applicable laws and regulations. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis.
1.6.3. Inspection Files. The contractor shall document all inspections conducted, and the necessary corrective and preventive actions taken.
1.6.4. Deficiency Identification, Prevention and Correction. The QCP shall include a method of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS, without dependence upon Government direction. The contractor shall identify and prevent defects in quality of products and services performed before the level becomes unacceptable and before they are provided to the Government. The QCP at a minimum shall address process control and continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification;
procedures for root cause analysis; corrective and preventive action procedures to include procedures for addressing Government discovered non-conformances; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The QCP shall document process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.
1.6.5. The contractor shall keep records on-site of all inspections conducted by the Contractor and necessary corrective action taken. These documents shall be available for inspection by the Government during the term of the contract.
1.6.6. The QCP shall contain methods of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, analysis of process deficiencies, and problem resolution.
1.6.7. The QCP shall have a customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). Government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process. The contractor shall document all customer complaints and report the complaint to the COR within one workday after receipt of complaint. The contractor shall use electronic mail or other written memoranda as notification. Each customer complaint reported to the COR shall have a scheduled completion date subject to COR approval.
1.6.8. Detail how continuous quality improvement will be a sustaining focus throughout the QCP and report monthly via a Process Improvements Tracker (PIT) ongoing initiatives to streamline processes, improve service and detail benefits to the Government.
1.6.9. Upon request from the COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.
1.7. 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.
1.8. 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.
1.9. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE), Government Furnished Property (GFP), and Government Furnished Material (GFM) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of the contract.
1.10. Performance Management: The Contractor shall provide reports IAW Technical Exhibit (TE) 2 in the PWS for each task identified.
1.11. Performance Standards: The Contractor shall meet performance standards listed in the PWS and PRS; and shall not be relieved of any performance requirements because of waiting for supplies, materials, or parts.
1.12. In Progress Reviews (IPR): Periodic IPR’s will be conducted between the Contractor and the Government during performance to provide status of all deliverables as required. The Government will schedule the IPRs generally to occur around the 10th business day of the month, quarter and/or year.
1.13. Recognized Federal Holidays: The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The recognized federal holidays include:
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day
1.13.1. 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.
1.13.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall have the following options:
1.13.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.
1.13.2.2. Reschedule the work on any day that is mutually satisfactory.
1.14. Hours of Operation: The Contractor shall be responsible for providing services Monday through Friday, time may vary based on when units perform their unit training program, normally between 6:30 AM – 5:00 PM, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. No overtime (OT) or compensatory time (CT) is authorized under this contract. The contractor is encouraged to use plans such as flexible work schedules as there will be weekends or evenings when services are scheduled. The contract price will not be increased to cover these regularly scheduled requirements.
1.15. Place of Performance: Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished at the locations identified in TE 3.
1.16. Security Requirements: All Contractor personnel assigned to the contract shall possess an active or pending SECRET Clearance, as required based on the individual’s position, as outlined in Form DD254, Department of Defense Contract Security Classification Specification within 30 days of contract award. All Contractors are required to keep their security trainings updated as outlined in 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 8140.01. For more information please visit http://www.dss.mil. The Government reserves the right to add, delete, and modify the security requirements as necessary or as directed by the designated representative(s).
1.16.1. The Contractor shall also adhere to the following requirements:
1.16.1.1. Provide employee clearance information to the COR for use in finalizing the DD254.
1.16.1.1.2. If the Contractor is notified by any Government official or Agency that an employee’s security clearance has been revoked or suspended, the Contractor shall immediately notify the COR or Alternate COR (ACOR). One COR will be appointed to the overall contract and a ACOR will reside at each location.
1.16.2. Contractor personnel shall have a favorable National Agency Check (NACI) with inquiry in accordance with Security definition for personnel who occupy “Automated Data Processing (ADP) Sensitive” positions, as per AR 380-67, paragraph 3-601, “The Personnel Security Program” no later than 30 days after contract award or after hiring of personnel.
1.16.3. Common Access Card Issuance:
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. Unless otherwise specified in the contract, Contractor personnel shall wear the CAC in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access. Reference CAC Issuance and Revocations: DoDI 5200.46, September 9, 2014.
Contractor personnel shall be required to obtain a CAC at least ten (10) work days prior to start of base contract period or prior to performance under this contract, whichever comes first.
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 and within five (5) calendar days of any changes.
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.
1.16.4. National Industrial Security Program (NISP).
The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records. Contractor shall comply with Federal Acquisition Regulation (FAR) 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with—(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor. In addition, the Contractor’s security program shall include provisions for, but not limited to:
--Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1. Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.
--Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.
--In-processing and out-processing Contractor personnel for security matters.
--Obtaining Contractor personnel security clearances.
--Documenting and reporting actual and potential security problems.
--Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.
--Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with AR 25-400-2 or other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DOD 5200.1-R, NISP Operating Manual.
1.17. Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and GFP. The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190-51;
Department of Defense (DOD) 4500.9-R, and DODI 5100.76 and DODI 5220.22. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13.
1.18. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5, Fort Bragg 380-5 and FORSCOM Supplement 1 to AR 380-5, if classified materials are being stored. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.
In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.
When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.
1.19. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.
These procedures shall be included in the Contractor’s security program.
1.20. Information Security Plan.
The Contractor shall develop and implement an Information Security Plan IAW AR 380-5 AR 380-67, Fort Bragg regulation 380-5, FB 380-67, and FORSCOM Supplement 1 to AR 380-5, for the control of classified information.
The Contractor’s information security program shall include applicable provisions of AR 380-series regulations.
Information assurance (IA)/information technology (IT) training: The Contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoDD 8570.01-M and AR 25-2 within 180 days of employment.
1.21. 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 DoD, Headquarter (HQ) Department of Army (DA) or local policies.
Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation Visitor Control Center (VCC), detailing the contracted services to be performed, location of services, and duration of the contract.
Contractors requesting access for less than one year may receive an AIE visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the VCC. Renewed short term passes must be re-processed at the VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.
1.22.1. Anti-Terrorism Program
1.22.1.1. 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 award of contract or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected employee within 30 calendar days after completion of training by all Contractor personnel. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf
1.22.1.2. 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, with the results reported to the COR NLT 15 calendar days.
1.22.1.2.1. iWATCH is simply common awareness. Contract employees can be good sources of information.
iWATCH training would include organization instructions on “things to look for” and a phone number to call in case the contract employees have information regarding possible terrorist or criminal activities. Providing contractors with awareness materials such as the iWATCH brochure or wallet card is a cost effective alternative to training. The card describes suspicious activity and can be modified to include the COR in reporting procedures.
Samples of the iWATCH brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx and https://www.army.mil/e2/c/downloads/287489.pdf
1.22.2. 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. All training and required documentation for Contractor personnel shall be maintained in the ATCTS.
1.22.3. Combating Trafficking in Persons (CTIP) Training. Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete CTIP training within 30 calendar days after award of contract or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected employee within 30 calendar days after completion of training by all Contractor personnel. CTIP Training is available within the Army Learning Management System (ALMS) via the Army Knowledge Online (AKO) Portal at https://www.us.army.mil.
1.22.4. 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. OPSEC Training is available within the ALMS via the AKO Portal at https://www.us.army.mil.
1.22.5. Sexual Harassment / Assault Response Prevention (SHARP) Training. Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete SHARP training within 30 calendar days after award of contract or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected employee within 30 calendar days after completion of training by all Contractor personnel. SHARP Training is available within the ALMS via the AKO Portal at https://www.us.army.mil.
1.22.6. Safety:
The contractor shall perform work in a safe manner as required by Occupational Safety and Health Administration (OSHA) Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence.
1.22.6.1. 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 laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. 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 KO or COR, to halt all Contractor performance with a commensurate deduction of monies due 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 any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.
1.23. Special Qualifications.
1.23.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain specified qualifications during the execution of this contract. The Government will not fund Contractor training.
1.23.2. Access Control Badges: The Contractor will be required to provide Access Control Badges to Contractor personnel who will be working on this project within designated/controlled areas. Access will be recommended by units and approved by the building managers or alternates. The Government Representative is responsible for issuing keys to the Contractor as outlined in the unit’s In/Out-Processing Procedures. Under no circumstances will Contractors loan/give their access badge/keys to other personnel or to visitors to use to access/enter buildings belonging to the Government. Contractors shall immediately report lost or stolen access control badges to the local
Security Manager. Contractors who need to facilitate immediate access to any Government building or who have questions about their authorized access will contact their first line supervisor. A visitor is defined as anyone without authorized Government access control badge access to the facility/area.
1.23.3. Access to Facilities: The Government will authorize appropriate badge access to Contractor employees identified on Contractor’s personnel roster, wearing identification badges, and complying with Installation security procedures. The COR will maintain facilities access control approvals.
1.23.4. The contractor shall safeguard Controlled Unclassified Information (CUI). When CUI is to be provided to or generated by the Contractor, dissemination controls and protective measures will be included. The Contractor is prohibited from releasing any unclassified information to the public without approval of the KO and COR.
1.23.5. Organizational Conflict of Interest (OCI): The contractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the contractor's judgement or prevent unfair competitive advantage in accordance with OCI Rules in FAR 9.5.
1.23.5.1. Purpose. To aid in ensuring that:
1.23.5.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;
1.23.5.1.2. 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
1.23.5.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.
1.23.5.2. Definitions.
1.23.5.2.1. 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.
1.23.5.2.2. 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.
1.23.5.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.
1.23.5.3.1. 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.
1.23.5.3.2. 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.
1.23.5.3.3. 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.
1.23.5.4. 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.
1.23.5.4.1. 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).
1.23.5.4.2. 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).
1.23.5.4.3. 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).
1.23.5.4.4. 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.
1.23.5.4.5. 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.
1.23.5.5. 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.
1.23.5.6. 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.
1.23.6. General:
1.23.6.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.
1.23.6.2. 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.
1.23.6.3. 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.
1.23.7. Key Personnel: Key personnel shall not be added to or removed from the contract without express written permission of the Contracting Officer. Within fifteen (15) days of contract award, the Contractor shall submit a list of individual(s) identified as key personnel to the KO and COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO and 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…
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