PWS - L&DC.pdf

Performance Work Statement (PWS)

Army Field Support Battalion - Bragg (AFSBn-Bragg)

Laundry and Dry Cleaning

29 August 2019

Performance Work Statement (PWS)

Laundry and Dry Cleaning (L&DC)

Vision Statement

The contractor shall provide services at the Pick-up/Drop-off Point.

1. General. This is a non-personal services contract to provide L&DC. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. 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. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

1.1. Description of Services/Introduction. L&DC contract service is to clean and press textiles, garments, linens, Organizational Clothing and Equipment (OCIE) and other fabrics for Active and Reserve components at a direct or reimbursable cost and is in direct support of organizational health and sanitation requirements and meal preparation attire as it relates to life, health and safety. The Contractor shall not issue any linen provided to them as Government Furnished Property (GFP).

The Contractor shall operate and manage the L&DC Facility for the, direct exchange and cleaning of linens and oily rags, Bulk OCIE, Food Service Uniforms, Maternity and Medical White Uniforms, Table Linens, Dry Cleaning for Ceremonial Uniforms, Religious Garments/Altar Cloths, Flags/Streamers, Table Linens (tablecloths/skirts, napkins), Specialty Items (Window Treatments) and Individual Piece Rate(IPR)/Cash Bundle Services (CBS) drop-off and pick-up services in accordance with (IAW) Army Regulation (AR) 210-130, Laundry and Dry Cleaning Operations, dated 22 February 2005, and other regulatory requirements. The Contractor shall pick-up and return soiled items/equipment from Building 2-2055 daily by 1600hrs. The Contractor shall be responsible for all Government Furnished Property/Equipment (GFP/GFE) assigned to this contract IAW AR 710-2, Supply Policy Below the National Level, dated 28 March 2008, and AR 735-5, Property Accountability Policies, dated 9 November 2016, and other regulatory requirements. The Contractor shall receive, account for, process and return all organizational and individual articles tendered for laundering. The Contractor shall establish and maintain a system of records to quantify all work performed and shall be responsible for the preparation of reports incidental to the work covered by this contract. The Contractor shall ensure that only authorized individuals are afforded laundry service. All work and services provided by the contractor shall be performed in accordance with the standards as contained or referenced herein.

1.1.1. The Army's installation L&DC facility provides dry cleaning services IAW Occupational Safety and Health Administration, Director of Public Works (DPW) Environmental OSHA/host nation, and other applicable regulations and policies.

Includes manpower authorizations, contracts, dry cleaning and laundry specific and support equipment, and the associated costs to provide or make available laundry and dry cleaning services to clean and press textiles, garments, linens, and other fabrics for the authorized individuals and organizations.

1.2. Background. The US Army Sustainment Command (ASC), US Army Material Command (AMC), Rock Island Arsenal, IL has provided or made available, L&DC services spearheaded by the AFSBn-Bragg, to clean and press textiles, garments, linens, OCIE and fabrics for active or reserve components on a direct or reimbursable basis. L&DC operations are primarily governed by AR 210-130 and Department of the Army, (DA Pam) 210-9, Laundry and Dry Cleaning Operation Procedures, dated 15 March 2002. The ASC provides manpower and contracts for L&DC at specific installations, both CONUS and OCONUS. The Specific Tasks listed derived from the baseline standards and performance measures for L&DC operations set forth and outlined in the ASC’s Baseline Services/Standards (BLS) requirements in accordance with (IAW) the Installation Status Report (ISR) Service 304. These specific tasks are outlined in Section five

1.2.1. The BLS are core base support services the AFSBn/LRCs will provide to Army customers on a non-reimbursable basis. The BLS outlines the specific tasks, authorized non-reimbursable customers, regulations, baseline standards of performance, and performance measures. See paragraph 1.6.1.3. for specifics. Services beyond what are defined in the catalog are identified as mission-funded. Unless otherwise specified, services will be available forty (40) hours per week as established by the ASC Commanding General and/or the Garrison Commander.

1.3. Scope. The Contractor shall furnish labor, supervision, transportation for pickup and delivery services to off-site work location, supplies, vehicles, tools, materials, facilities and equipment (except as specified in this contract as (GFP/GFE) necessary for the daily operations of the pick-up and drop-off facility at Building 2-2055, Corner of Woodruff and Sturgis Street, Fort Bragg, NC. This contract includes functions, tasks and responsibilities normally inherent to an L&DC facility. The Contractor shall receive, account for, process and return articles tendered for laundry. The Contractor shall establish and maintain a system of records to quantify work performed and shall prepare administrative correspondence and reports incidental to the work covered in this contract. The Contractor shall ensure that only authorized individuals are afforded laundry services. The Contractor shall provide IPR and CSB services and collect monies from individuals for these services. Services shall be performed in compliance with the standards as contained or referenced in this contract. The Contractor shall schedule and manage operations to maximize responsiveness, efficiency and economy to the Fort Bragg community.

1.3.1. This Performance Work Statement provides a general depiction of the types and kinds of non-personal services that may be ordered. Contractor personnel are employees selected by the contractor and solely under its administrative control and supervision. The specific efforts required of the Contractor are those task areas detailed in this document. The Contractor will perform non-personal services in these primary areas. The Contractor shall be required to ensure all supporting requirements (implied tasks) required to fulfill the primary task areas are accomplished to standard using industry best practices

1.3.1.1. Additionally, the Contractor shall ensure all work meets critical reliability rates or tolerances specified either in the PWS, identified by industry best practice, applicable technical manual or other publication cited within this document.

1.3.1.2. The estimated workload data provided for this period of performance in Technical Exhibit 4, may vary from both the historical and projected figures. It is anticipated that the workload will also vary based on the operational tempo of Fort Bragg, and its tenants. In addition to these cyclic changes, manning levels may require change due to funding levels and budgets constraints. Therefore, the Contractor shall adjust manning levels in accordance with mission/resource analysis and to stay within funding levels. The Government will provide the Contractor as much advance notice of workload changes as possible, however, workload variations may occur with little advanced notice. The Contractor shall plan for and respond to changes in workload requirements and the resulting changes to manning levels.

1.4. Period of Performance. Base Year 4 – 1 January 2020 thru 31 December 2020.

1.5. Customer Satisfaction

1.5.1. The Contractor shall provide service in an orderly and pleasing manner within the confines of their facility. The failure to perform and satisfy the customer at a sufficient level of acceptableness as determined solely by the Government may result in a Contract Discrepancy Report (CDR) being initiated and/or early termination of the agreement in full or in part. When a CDR has been issued, the Contractor shall submit a corrective action plan addressing the infraction and how it was corrected within five (5) business days from the date of receipt to the Contracting Officer (KO) and the Contracting Officer Representative (COR).

1.5.2. The Acceptable Quality Level (AQL) for customer service/satisfaction is 90%.

This is based on the number of the customer comment cards and comments posted on the Interactive Customer Evaluation (ICE); which is the Army’s web-based customer feedback system. The Contactor shall address all negative comments and submit all courses of action taken to the COR within two (2) business days from the date of notification.

1.5.3. The Contractor shall design a customer service satisfaction survey form/card and submit it to the COR for approval. A locked drop-box, along with these forms/cards shall be provided by the Contractor and shall be located in a convenient area in the facility.

The COR shall hold the only keys to the boxes and review all forms/cards submitted on a monthly basis. Results of the survey forms/cards shall be made available to the contractor.

1.6. General Information

1.6.1. The services provided under this contract are strictly non-personal in nature.

Under this contract, no employer-employee relationship will exist between the Government and the Contractor and/or between the Government and the Contractor’s employees. The Contractor shall ensure all contracted employees fully understand the Government contractor relationship. All contractor employees must be fully aware that Government personnel do not have direct authority over contractor personnel. Additionally, all contractor employees must fully understand that only the KO has the authority to change the terms of the contract, only the KO has authority to direct work. The COR/ACOR can only provide guidance.

1.6.1.1. The Contractor shall provide the appropriate amount of personnel with required training, skills and experience in order to accomplish the work required under this PWS.

Additionally, the Contractor must exercise due diligence in its hiring practices to validate required skills and ensure employee probity. Moreover, the Contractor shall provide its employees with detailed instruction on Government policies and regulations in the areas of safety, security, and environmental compliance as they pertain to the operations specified or implied in this PWS and subsequent modifications. The Contractor shall not allow any employee that is not certified, trained or licensed for a particular task to perform such work.

1.6.1.2. The Contractor shall ensure new or reassigned personnel are familiar with Government specific environmental, safety, and emergency rules, regulations, and procedures, installation smoking policy, installation safety and fire prevention, and severe weather delay and base closure reporting responsibilities.

1.6.1.3. The Contractor shall provide L&DC services to authorized individuals and organizations.

(a) Authorized Patrons: The Contractor shall provide laundry and dry cleaning services to authorized individuals and organizations.

(1)These categories are listed in order of priority of service:

(a) Active duty personnel and their authorized family members. Family members must present a valid identification card or a copy of the sponsor’s leave and earnings statement and valid photo identification.

(b) Reserve Component (RC) personnel and their authorized family members, on presentation of a valid identification card.

(c) Retired military personnel and their authorized family members, on presentation of a valid identification card.

(d) Government civilian employees and their family members as specified in paragraph 2–4 of AR 210-130.

(e) Foreign national military personnel as specified in paragraph 2–4 of AR 210-130.

(f) Authorized contractor personnel as indicated in paragraph 2–2 of AR 210-130.

(b) Direct Funded Items (Non-reimbursable): Organizational items that are laundered at no cost to the patron or organization. The cost is funded through the ASC, and managed by the AFSBn-Bragg’s Budget Analysts:

(1) Organizational Items: These are items that are Government-owned and are returned to the Government by the individual upon permanent departure from the organization or installation and when the items are unclaimed at the L&DC. Organizational items shall be laundered and returned to the customer within five (5) work days.

(2) Clothing of deceased military personnel.

(3) The Contractor shall receive all organizational items and process them in accordance with specifications cited herein, and return all items within the time limits specified in the contract.

(a) Organizational items authorized for direct funding are as follows: (IAW ASC

BLS/SVC 304)

(1) Food Handler Uniforms

(2) Table Linens (Tablecloths/Skirts, Chair Covers, and Napkins

(a) Troop Issue Subsistence Activities

(b) Essential Dining Facilities

(3) Chaplin Vestments and Altar Dressings (Robes, Altar Cloths, and Stoles)

(4) Ceremonial Uniforms, Ascots (Special Details Only)

(5) Organizational Linen

(a) Fort Bragg Replacement Centers

(b) Military Police Detention Center

(c) TRADOC Schools

(d) Mobilization Deployment Brigade

(e) Fire Department

(6) Organizational - Flags, Guidons, Colors, Streamers (No more than once per year)

(7) Draperies (No more than once per year)

(8) Bunting (No more than once per year)

(9) OCIE of deceased military personnel

(b) Reimbursable Accounts: Accounts that are funded by various Government organizations that do not fall into the specific categories to qualify them for direct funding through the AFSB-Bragg. These organizations must reimburse the AFSBn-Bragg for provided L&DC services. Monies must be in place prior to the Contractor accepting any items to be laundered:

(1) Table Linens

(2) Organizational Clothing and Individual equipment

(3) Organizational Linen

(4) Coveralls

(5) Soiled Rags (Motor Pool)

(6) Ascots

(7) Flags, Guidons, Colors, Streamers

(c) Organizational Units/Activities:

(1) Active Army organizational elements located at Fort Bragg.

(2) Reserve activities and their personnel.

(3) National Guard activities and their personnel when on active duty.

(4) Foreign national military personnel who are assigned or attached to an American unit, attending an American sponsored school, or under official orders

(5) Organizations with approved inter/intra service support agreement.

(6) Selected Non-appropriated fund organizations located on Fort Bragg.

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 52.246-1, Contractor Inspection Requirements, dated Apr 84).

1.6.2.1. Quality Control Program. 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 services, and include methods of documenting and enforcing quality control operations of both prime contractor and or subcontractor work. The Contractor shall provide their final written Quality Control Plan (QCP) within thirty (30) days of contract award and within five (5) days of any proposed changes to the KO and

COR.

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. Upon request from the KO/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 within twenty four (24) hours.

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/ACOR monitors all technical aspects of the contract and assists in contract administration. The COR/ACOR is authorized to perform the following functions: assure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

1.6.5. Property Management System. The Contractor shall establish a system to manage Government Furnished Equipment (GFE) Property (GFP); 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 IAW FAR clause 52.245-1, Government Property, dated 13 January 2017.

a) The Contractor shall establish a Property Control Plan (PCP) and provide it to the contracting office (KO/COR/PA) within thirty (30) days of contract award.

1.6.5.1. Property Management:

(a) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property.

(b) The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).

(c) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).

(d) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(e) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self-assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.

1.6.6 Contractor Planning and Resource Management

1.6.6.1. The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:00 PM, Monday through Friday, except federal and training holidays or when the facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week.

Hours of Operation 7:30 a.m. - 3:45 p.m. (Direct Exchange and Unit/Organization bulk turn-in) 7:30 a.m. - 4:00 p.m. (Dry Cleaning and Cash Sales)

1.6.6.1.2. On occasion, services may be required to support an activation, deployment or exercise of contingency plans outside the normal duty hours described above. In these cases, the contractor may be required to extend the hours of operation in order to return all organizational clothing and equipment outside of the normal 72 hour window.

The COR will notify the KO immediately upon notification. Upon notification from the COR, the Contractor will have 24 hours to return all requested items. Request for direct exchange of linen will be done upon notification. If linen stock is depleted, the Contractor shall be required to clean and return all linen within 24 hours. Contractor shall establish an extended hour work day and forward it to the KO for approval.

1.6.6.1.3. If the Senior Mission Commander or Installation (Garrison) manager declares an installation ‘closed’ or road conditions ‘red’ or ‘black’ (or otherwise deemed unsafe for routine travel/use) due to inclement weather, the Contractor will determine which, if any employees will be required for, or shall continue on, duty. Any employees not able to report will be absent in accordance with FAR 52.249-14, Excusable Delays, dated Apr 84. The labor costs of absent employees due to weather or other allowable causes are not reimbursable. The remuneration of contractor employees for lost time due to weather or other allowable causes is at the sole discretion of the company and is not an allowable cost under this effort.

1.6.6.1.3.1 When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall have the following options:

(a) Reschedule the work so it is performed the following day unless the following day falls on a weekend.

(b) Reschedule the work on any day that is mutually satisfactory.

1.6.6.1.4. The Federal Government observes the following holidays and except for emergencies, 24/7 operations, or as otherwise noted in this PWS or subsequent modifications. The Installation Commanders historically grants military personnel training holidays (example, the Friday prior to Memorial Day) in addition to the ten listed Federal holidays, the Contractor shall be closed on the below listed training holidays.

The Corp’s Holiday scheduled is published at the beginning of each fiscal year. All Training holidays may not be listed and the dates listed are subject to change.

(a) When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance.

(b) When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday.

(c) The contractor shall work on the days the Government is scheduled to work.

Federal Holidays

Independence Day Fourth day of July Labor Day First Monday of September Columbus Day Second Monday of October Veterans Day 11th day of November (or as observed) Thanksgiving Day Fourth Thursday of November Christmas Day 25th day of December New Year’s Day First day of January (or as observed) Martin Luther King, Jr. Birthday Third Monday of January Presidents Day Third Monday of February Memorial Day Last Monday of May

XVIII Airborne Corp Training Holidays (Base Year 2020)

*Training Holidays coincide with the above listed Federal Holidays and are subject to change.

Corp Training Holiday 17 January 2020 Corp Training Holiday 14 February 2020 Corp Training Holiday 16 March 2020 Corp Training Holiday 17 April 2020 Corp Training Holiday 22 May 2020 Army’s Birthday 12-15 June 2020 Corp Training Holiday 03 July 2020 Corp Training Holiday 21 August 2020 Corp Training Holiday 4 September 2020 Corp Training Holiday 09 October 2020 Corp Training Holiday 27November 2020 Corp Training Holiday 24 December 2020 Corp Training Holiday 31 December 2020

1.6.7. 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 Contractor’s facility, located off-site and at the pick-up/drop off point located in Building 2-2055, on the corner of Sturgis and Woodruff Streets, Fort Bragg, NC.

1.6.8. Security Requirements

1.6.8.1. Contractor personnel required to access a Government installation in performance of their duties under this effort must possess the appropriate Department of Defense (DoD) identification card. Contractor employees that will not be issued a Government Common Access Card (CAC) must obtain the Automated Installation Entry (AIE) pass for entry unto the installation. The COR will process a request for the AIE card to all qualified contractor employees performing work under this contract IAW Homeland Security Presidential Directive-12 (HSPD-12), Policies for a Common Identification Standard for Federal Employees and Contractors, dated 27 August 2004, Office of Management and Budget (OMB) guidance M-05-24, Implementation of Homeland Security Presidential Directive-12 (HSPD-12) - Policy for a Common Identification Standard for Federal Employees and Contractors, dated 5 August 2005, Federal Information Processing Standards Publication (FIPS PUB) Number 201- 2, Personal Identity Verification (PIV) of Federal Employees and Contractors, dated August 2013, DoD Instruction 5200.46, Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC), dated 9 September 2014 and Directive Type Memorandum (DTM) 08-003, Next Generation Common Access Card (CAC) Implementation Guidance, dated 4 October 2014. Contractors will have their credentials validated through the National Criminal Information Center (NCIC), Local/State Criminal Databases, and the Installation’s databases. Contractor must be favorably adjudicated to obtain their AIE card. The Government reserves the right, in its sole discretion, to refuse an AIE pass to any employee or to revoke one for security or other reasons.

(a) Contractor shall prepare DES Form 118 and forward it to the COR. COR will forward request to the Provost Marshall (PM) for processing. PM will notify the COR when the employee can proceed to the All-American Visitor Center (VCC) located on All- American Freeway to be processed for an Automated Installation Entry (AIE) card. If employee has not been favorably adjudicated, he or she will be denied access. The application request form (DES Form 118) for access cards can be located on the Fort Bragg Provost Marshal webpage http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx under the Installation Access Control tab. See Performance Requirements Summary (PRS), Table TE-2 (Required Forms and Report Formats)

(b) 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 AIE pass/card 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 AIE pass/card will be issued to the Contractor as their DoD federal personal identity verification credential.

(c) The purpose of security screening is to identify 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 Garrison Commander is the final approval authority for any adjudication request for access. (AIE ONLY).

(d) If Contractor meet access control standards of Army Directive 2014-05 (Policy and Implementation for Common Access Card Credentialing and Installations Access for Uncleared Contractors, dated 7 Mar 14) then DoD Consolidated Adjudications Facility (CAF) will conduct centralized adjudications of favorable HSPD-12 background investigations. The DoD CAF will forward investigations that cannot be favorably adjudicated to the Defense Office of Hearings and Appeals (DOHA) for a final credentialing determination. 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.

(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.

(e) 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. 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."

(f) The Contractor shall immediately report any lost AIE card or Government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the AIE pass and other Government issued forms of identification upon termination of employee, or at the end of the contract performance period. The AIE pass 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.

(g) In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the COR who will ensure AIE pass is revoked the same day. In various instances a contractor employee may not be on task (working) due to furloughs, suspensions pending the outcome of an investigation, or the contract reaches the end of the period of performance (POP) and renewal is anticipated but not yet complete. During these occurrences, the contractor’s Facility Manager or the COR shall collect and retain the AIE cards of the affected contractor personnel residing in the local area however; AIE card will not be revoked in the Access Control System. Collecting AIEs however, may not be feasible for contractor personnel located in remote locations. When contractor personnel return to work under the contract, they shall retrieve their AIE card from the responsible party who collected it.

(h) Contractor shall prepare the monthly AIE status report and forward it to the COR NLT the 5th business day of each month. See PRS, Table TE-2. The Contractor shall comply with agency personal identity verification procedures identified in this contract.

The Contractor shall account for all forms of Government-provided identification issued to their employees in connection with performance under this contract:

(a) The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(b) The KO may delay final payment under a contract if the Contractor fails to comply with these requirements.

(c) The Contractor shall insert the substance of this clause, including paragraph b, in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency IAW the terms set forth in paragraph (a) of this section, unless otherwise approved in writing by the Contracting Officer.

(d) In addition to the aforementioned, the Contractor shall provide the COR a monthly status report on all forms of Government-provided identification issued to the contractor employees in connection with performance under this contract.

(1) The COR will provide the Installation Physical Security Division a copy of the monthly status report for any termination requirements.

(2) Monthly status reports will be maintained on file for one year after contract completion by the Sponsoring Agency.

1.6.8.2. Physical Security and Operation Security (OPSEC)

1.6.8.2.1. The Contractor shall comply with policies and guidance for maintaining Physical and Operation Security (OPSEC) that is listed in the below Fort Bragg, Department of the Army and Department of Defense regulations:

1.6.8.2.2. The Contractor shall ensure every contractor employee who performs work on this contract is eligible to work on the U.S. Installation. Additionally, the contractor shall ensure compliance with all applicable arms trade control laws and regulations (i.e.

International Traffic in Arms Regulations 2011).

1.6.8.2.3. No classified or communications security (COMSEC) information will be sent to or stored at the facility

AR 25-2 Information Assurance, dated 24 Oct 07 (A) AR 190-13 The Army Physical Security Program, dated 25 Feb 11 (M) AR 190-45 Law Enforcement Reporting, dated 27 Sep 16 (A) AR 190-51 Security of Unclassified Army Property (Sensitive and Non-sensitive) dated

30 Sep 93 (A) AR 380-5 Department of the Army Information Security Program, dated 31 Oct 00 (A) AR 380-67 Personnel Security Program, dated 24 Jan 14 (A) AR 530-1 Operation Security (OPSEC), dated 26 Sep 14 (A) FB Reg 380-5 Information Security, dated 17 Sep 93 (A) FM 3-19-30 Physical Security, dated 8 Jan 01 (A)

1.6.8.2.4. The Government will perform physical security and force protection inspections on Government provided facilities prior to and during contractor occupation of Government facilities. The Contractor shall ensure ready access to all contractor occupied areas by Government inspectors. The Government at its sole discretion will provide any physical repairs and improvements to all structures and barriers. The Contractor shall be responsible to notify the Government of all mitigation requirements to ensure adequate physical security until repairs/improvements are in place. The Contractor shall be responsible for carrying out those practices and procedures within their influence and outside of inherently Government responsibilities to ensure proper security.

1.6.8.2.5. The Contractor shall comply with AR 25-2, and applicable Information Assurance Best Business Practices. The Contractor shall not install or connect non- Government-owned computing systems or devices to Government networks without coordination and authorization from the appropriate information assurance office. Non- Government-owned computing systems or devices or any device that can store data cannot be connected to a Government computer for purposes of charging the items battery. Contractor employees must use the appropriate wall adapter to charge personal devices.

1.6.8.2.6. In accordance with AR 190-51. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each business day, the Contractor shall perform a security check prior to departure of the facility. The Contractor shall complete Standard Form 701, Activity Security Checklist at the end of each workday. PRS, Table TE-2.

1.6.8.3. Key Control.

1.6.11.3.1. The contractor shall establish procedures for the protection of locks, keys, and combinations used to secure the facility. The number of people with access to keys or combinations will be the minimum necessary for efficient operations. Provisions of appendix D of AR 190-51 and FM 3-19-30 shall be followed in establishing procedures.

1.6.8.3.2. In the event keys are lost or duplicated, the Contractor shall, notify the COR or the AFSBn-Bragg Real Property Manager. At no time shall the Contractor have a duplicate key made. 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.

1.6.8.3.3. 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/COR.

1.6.9. Post Award Conference/Periodic Progress Meetings. The Contractor shall to attend any post award conference and progress meetings convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5, Post Award Orientation, dated 1 Apr 11. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personal) will hold a quarterly progress meeting with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall 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.

1.6.10. 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 KO. 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.

1.6.10.1. The Contractor shall ensure that all contractor-generated technical records, reports, files, and other documentation are made available to the KO during the performance of this contract. The Contractor shall obtain KO approval before releasing any information that has been stored, generated, or archived related to this contract to the Contractors corporate or other off-site offices, to other Government activities or agencies, to other contractors, or to private parties. This restriction does not apply to contractor data needed to properly execute this effort (e.g. man-hour reporting).

1.6.11. Organizational Conflict of Interest (OCI)

1.6.11.1. Purpose. To aid in ensuring that the Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition.

1.6.11.1.2. 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.

1.6.11.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.11.2. The term “Contractor” herein used in section 1.6.11., OCI, 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) Its 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.

1.6.11.3. The term "proprietary information" for purposes of section 1.6.11., OCI, 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.

1.6.11.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, dated 1 Oct 15, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist IAW 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.

1.6.11.5. OCI Examples. The following examples illustrate situations in which OCI may arise. These examples are not all inclusive:

1.6.11.5.1. 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.

1.6.11.5.2. 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.

1.6.11.5.3. 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.

1.6.11.6. 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 1.6.11., 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.

1.6.11.7. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government tasking 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.

1.6.11.8. The Contractor agrees that if it provides, under a contract or task order or delivery…