Solicitation_W9124J-17-R-0012.pdf

SEE ADDENDUM

(No Collect Calls)

W9124J-17-R-0012 07-Feb-2017

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Feb 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9124J9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FSH

ATTN: MICC - FSH

2205 INFANTRY POST RD

210-466-2145

FORT SAM HOUSTON TX 78234-1361

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

210-466-2183FAX:

TEL: 210-466-2145 (DSN 450) SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

611710

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF88

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 11 Months Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

The Period of Performance for this CLIN is 28 April 2017 – 27 March 2018

FOB: Destination

NET AMT

0002 11 Months Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

0003 1 Job Contract Manpower Report (CMR)

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at:

http://www.ecmra.mil

0004 1 Months Phase In

FFP

The Offeror perform all the functions associated with phasing-in as outlined in the proposal and in accordance with the PWS.

The period of performance for phasing-in shall be 28 March 2017 – 27 April 2017

1001 12 Months OPTION Administrative Services

FFP

OPTION YEAR 1: The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the

PWS.

The Period of Performance for this CLIN is 28 March 2018 – 27 March 2019

1002 12 Months OPTION Testing Services

FFP

OPTION YEAR 1: The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

1003 1 Job OPTION Contract Manpower Report (CMR)

FFP

OPTION YEAR 1: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil

2001 12 Months OPTION Administrative Services

FFP

OPTION YEAR 2: The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the

PWS.

The Period of Performance for this CLIN is 28 March 2019 – 27 March 2020

2002 12 Months OPTION Testing Services

FFP

OPTION YEAR 2: The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

2003 12 Job OPTION Contract Manpower Report (CMR)

FFP

OPTION YEAR 2: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil

3001 12 Months OPTION Administrative Services

FFP

OPTION YEAR 3: The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the

PWS.

The Period of Performance for this CLIN is 28 March 2020 – 27 March 2021

3002 12 Months OPTION Testing Services

FFP

OPTION YEAR 3: The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

3003 1 Job OPTION Contract Manpower Report (CMR)

FFP

OPTION YEAR 3: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil

4001 12 Months OPTION Administrative Services

FFP

OPTION YEAR 4: The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the

PWS.

The Period of Performance for this CLIN is 28 March 2021 – 27 February 2022

4002 12 Months OPTION Testing Services

FFP

OPTION YEAR 4: The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

4003 1 Job OPTION Contract Manpower Report (CMR)

FFP

OPTION YEAR 4: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at: http://www.ecmra.mil

4004 1 Months OPTION Phase Out

FFP

OPTION YEAR 4: The Offeror perform all the functions associated with phasing-out as outlined in the proposal and in accordance with the PWS.

The period of performance for phasing-out shall be 28 February 2022 – 27 March

Section C – Descriptions and Specifications

PERFORMANCE WORK STATEMENTS (PWS)

Army Reserve Continuing Education Support Services

Part 1

General Information

1. Overview.

1.1. General. This is a non-personal services contract to provide the United States Army Reserve Command (USARC) Education Support Services. Education support services are directed by Army Continuing Education System (ACES). Contract service providers will be positioned at (14) fourteen United States Army Reserve (USAR) education centers throughout the United States and its territories to assist in delivery of education services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2. Description of Services/Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary, except for those items specified as Government-furnished property and services, to perform Education Support Services at locations identified in Technical Exhibit 3 during the life of this contract. The Contractor shall perform to the standards in this PWS.

1.3. Army Education Support Zones. The education support zones are located throughout the Continental United States (CONUS), to include Puerto Rico and Hawaii. Locations have been divided into three zones: Zone 1 - East, Zone 2 – Middle States, Zone 3 – West. See Technical Exhibit 3

1.4. Background. The Department of Defense (DoD) directs Military Departments to provide Service members with opportunities to continue their education similar to those available to their peers in the civilian sector. The Army implements this directive through Army Regulation 621-5, Army Continuing Education System (ACES), and the Department of Defense Directive (DoDD) 1322.08E, Voluntary Education Programs for Military Personnel. The ACES mission is to vigorously promote lifelong learning opportunities to sharpen the competitive edge of the Army by providing and managing quality self-development programs and services. ACES supports Soldiers’ professional growth through a continuum of education programs and services that range from academic and career guidance to enhancement of job performance and skill qualifications and includes assistance to ease the transition of Soldiers returning to civilian life. ACES also support the education and career goals of family members, Department of the Army civilians, and other eligible personnel.

1.5. Objective: The objective of this contract is to provide support services to assist Government professionals in the delivery of adult education services at locations identified in Technical Exhibit 3. The Contractor shall provide all related education support services necessary to execute the ACES System’s mission of promoting lifelong learning opportunities. The ACES System mission includes, but is not limited to:

Provide vision, policy, and direction to plan and operate programs and services.

Provide lifelong learning opportunities to enhance job performance, skill qualifications, and career growth for the

Army and its future leaders.

Promote the development of critical thinking and decision-making skills through a variety of Programs, including basic skills and postsecondary, enabling Soldiers to adapt to new challenges.

Build an integrated workforce for Army 2020.

Leverage emerging technologies to streamline education, training, and business practices.

Design, build, and implement education enterprise architecture.

1.6. Scope. The Contractor shall assist ACES professionals in the delivery of adult education programs such as Tuition Assistance Eligibility, Army Personnel Testing, GoArmyEd Enrollment, and Review of Soldiers academic history.

Programs and services are described in AR 621-5. Various combinations of education support services may potentially be ordered for any location identified in Technical Exhibit 3 containing concentrations of Army Reserve Soldiers.

Phase-In: One month Base Year: Eleven (11) months Option Years: Four (4) 12-month option periods

1.7. Period of Performance. The period of performance shall include: 1 base year and 4 option years

Phase-In: 28 March 2017 – 27 April 2017 Base Year POP: 28 April 2017 – 27 March 2018 Option Year One POP: 28 March 2018 – 27 March 2019 Option Year Two POP: 28 March 2019 – 27 March 2020 Option Year Three POP: 28 March 2020 – 27 March 2021 Option Year Four POP: 28 March 2021 – 27 February 2022 Phase-out POP: 28 February 2022 – 27 March 2022

1.8. Quality Control. The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services IAW FAR Part 46 and 52.246-1, Contractor Inspection Requirements. The Contractor’s QCP is the means by which they assure themselves that work complies with the requirement of the contract. The QCP shall be submitted to the Contracting Officer (KO) and Contracting Officer Representative (COR) thirty (30) days after contract award and five (5) business days after any subsequent changes.

After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed changes to the QC system.

1.8.1. Quality Assurance. The Government 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 Government 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 the Contractor's performance is unsatisfactory, a Contract Discrepancy Report (CDR) may be issued. The Contractor shall reply in writing within ten (10) business days from the date of the CDR, giving reasons for unsatisfactory performance, corrective actions taken, and procedures to preclude reoccurrence.

1.8.2. Hours of Operation. The Contractor is responsible for providing Continuing Education Support Services at the Government locations during business hours of operations as determined by the Education Services Specialist (ESS), Monday through Saturday, 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 stability and continuity of the workforce are essential. Occasionally, installations will be closed unexpectedly due to inclement weather or other reasons. An installation or activity may be given a "training holiday" or be closed for other reasons on short notice. Services under this contract will be provided during these instances however, services will not be provided on recognized Federal Holidays.

1.8.3. Recognized Federal Holidays.

New Year’s Day Labor Day

Martin Luther King Jr. Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.8.4. Place of Performance. The work under this contract will be performed at locations listed in Technical Exhibit 3.

1.8.5. Security requirements. Contractor personnel performing work under this contract shall have a National Agency Check with Inquiries (NACI) and must maintain this level of security required for the life of the contract.

1.8.5.1. Common Access Cards. Prior to the base period of performance, Contractor employees shall be registered in the Defense Enrollment Eligibility Reporting System (DEERS) database and processed for issuance of Common Access Cards (CAC). The Trusted Agent (TA)/Contract Officer Representative (COR) will work with Contractor Staff to ensure timely registration and entry of personnel data and information in the Contractor Verification System (CVS). In order to enter Contractor data into CVS, the Contractor’s data shall be resident in an authorized source database, the Joint Personnel Adjudication System (JPAS). The Contractor’s Facility Security Office (FSO) shall ensure its employee(s) has a record in JPAS prior to the employee(s) requesting a CAC be issued. Once an employee’s employment status has been verified in CVS, the employee must go to the installation Real-Time Automated Personnel Identification System (RAPIDS) site for issuance of a CAC and loading of the required digital certificates. Periodic reverification of employment will be jointly accomplished by the TA/COR and Contractor's staff. Substitutes will be provided with a CAC where possible, to ensure immediate availability for work. Contractor's employees shall wear their CAC in a badge holder in a conspicuous place on their person above the waist on the outer most garment for identification purposes. Upon completion of the Contractor’s period of performance or termination of the contract, the Contractor’s Program Manager shall ensure CACs are turned in to the TA/COR. Revoked or terminated Government credentials shall be returned to the TA/COR as Government property.

1.8.5.2. Personnel files. Personnel files, including background checks, shall be maintained for the duration of the contract at the Corporate Office. The contractor shall maintain verification of training and experience, which will include credentials/certifications/clearance level for all professional staff. All credentials, certifications, and clearance level shall be kept current and maintained for the duration of the individual’s performance under the contract.

1.8.5.3. Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.8.5.4. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.8.5.4.1. Key Replacement. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon notification of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.8.5.4.2. Key Safeguarding. Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.8.5.4.3. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. These procedures shall be included in the Contractor’s Quality Control Plan. The Contractor shall contact the COR when Contractor personnel no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.8.5.1. Common Access Cards. Prior to the base period of performance, Contractor employees shall be registered in the Defense Enrollment Eligibility Reporting System (DEERS) database and processed for issuance of Common Access Cards (CAC). The Trusted Agent (TA) will work with contract staff to ensure timely registration and entry of personnel data and information in the Contractor Verification System (CVS). In order to enter Contractor data into CVS, the Contractor’s data shall be resident in an authorized source database, the Joint Personnel Adjudication System (JPAS).

The Contractor’s Facility Security Office (FSO) shall ensure its employee(s) has a record in JPAS prior to the employee(s) requesting a CAC be issued. Once an employee’s employment status has been verified in CVS, the employee must go to the installation Real-Time Automated Personnel Identification System (RAPIDS) site for issuance of a CAC and loading of the required digital certificates. Periodic reverification of employment will be jointly accomplished by the TA and Contractor's staff. Substitutes will be provided with a CAC where possible, to ensure immediate availability for work. Contractor's employees shall wear their CAC in a badge holder in a conspicuous place on their person above the waist on the outer most garment for identification purposes. Upon completion of the Contractor’s period of performance or termination of the contract, the Contractor’s Program Manager shall ensure CACs are turned in to the TA. Revoked or terminated Government credentials shall be returned to the TA as Government property.

1.9. Qualifications. The Contractor is responsible for providing fully-trained personnel. Contractor personnel shall be trained to perform contract tasks as specified in the PWS prior to performing services.

1.9.1.1. Language Proficiency. All employees shall be able to read, write, speak, and understand the English language to effectively carry out applied printed rules, detailed orders, instructions, and training material. 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 e-mail) with co-workers, customers, and the general public.

1.9.1.2. Data Processing. All Contractor employees shall have the ability to prepare documents, reports and spreadsheets in Microsoft Word, PowerPoint and Excel.

1.9.1.3. Citizenship. Contractor employees 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-US citizen to perform the required support.

1.9.1.4. Non-Disclosure. Contractor employees performing working under this contract shall read and sign a Nondisclosure Statement prior to performing work under this contract. Performance of this contract may require the contractor to access data and information proprietary to the Government agency or of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of the Government or others.

1.9.1.5. Access and General Protection/Security Policy and Procedures. Contractor employees requiring access to Government information systems: All contract employees and associated sub-contractors 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 is required annually after the initial training.

1.9.1.6. Information Assurance (IA). All contract employees and associated sub-contractor employees shall complete the Defense Department IA training before issuance of network access and must complete IA training annually thereafter. All contract and associated sub-contractor employees working IA functions shall comply with Defense Department and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.9.1.7. Education Service Advisor Personnel. Contractor personnel shall have:

Associate’s degree or higher degree from a college or university that is accredited by an agency recognized by the U.S.

Department of Education that included or was supplemented by major study in education or in a subject-matter field appropriate to the position.

-OR-

Combination of education and experience -- courses equivalent to a major in education, or in a subject-matter field appropriate to the position, plus appropriate experience or additional course work that provided knowledge comparable to that normally acquired through the successful completion of the 4-year course of study appropriate to the position.

1.9.1.8. Test Examiner Personnel. Contractor personnel shall have:

Bachelor’s degree from a college or university that is accredited by an agency recognized by the U.S. Department of Education.

-AND-

At least three years of professional relevant work experience in testing.

Passing scores on all of the required online certifications, which are required to administer exams at their respective locations, must be achieved within two months following receipt of CAC. Proof of certification shall be provided to the ESS/TCO prior to performing testing services. Testing examiner personnel are required to complete all certifications outlined in the Army Personnel Testing Test Control Officer Handbook.

1.9.1.9. Key Personnel. The following personnel are considered key personnel by the Government: Program Manager (PM). The Contractor shall provide an off-site Program Manager who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate Program Manager (APM) who shall act on behalf of the Contractor when the primary PM is absent, shall be designated in writing to the KO and COR at the Post-Award Conference and updated as changes occur. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM shall be available between 7:30 a.m. and 4:30 p.m. Monday through Friday except Federal holidays or when the Government facility is closed. The Program Manager’s responsibilities include, but are not limited to: 1) acting as the primary point of contact for the Contractor; 2) ensuring that there are a sufficient number of trained and qualified employees and substitute personnel to meet the service requirements of this contract at locations identified in Technical Exhibit 3 at all times; 3) ensuring that a management structure is in place that will be responsible for effective and timely coordination and management of all work required under this contract; and 4) ensuring that all deliverables and other terms of this contract are accomplished. In the absence of the PM, the APM shall fulfill all PM duties, and have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.9.1.9.1. Program Manager. The Program Manager shall have, at a minimum, a Master’s degree from a college or university that is accredited by an agency recognized by the U.S. Department of Education and a minimum of five (5) years of Program Management experience. The APM shall meet the same qualifications as the PM.

1.10. Post Award Conference/Periodic Meetings. The Contractor agrees to attend any post award conference or meeting convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Contracting Officers Representative (COR) will meet periodically, quarterly as a minimum, with the Contractor to review the Contractor’s performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.11. Contracting Officer Representative (COR). The COR monitors all technical aspects of the contract and assists in contract administration. The COR 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, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12. Identification of Contractor Employees. The Contractor (to include sub-contractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the company name, employee name, and a color photo of the employee.

1.12.1. Wearing of Identification. Contract personnel must wear the identification badge and CAC card at all times when performing work under this contract to include attending Government meetings and conferences. Each contract personnel must wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

1.12.2. Contractor Employees. The Contractor shall provide names and positions of all employees five (5) days prior to commencement of base period. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall also ensure all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.13. Contractor Travel. Contractors will not be required to travel to locations greater than ten (10) miles from the worksite during the performance of this contract. Contractors are allowed to voluntarily adjust working hours to accommodate education functions outside business hours so long as it does not result in an additional cost to the Government. Changes in work hours require approval by both the Contractor and either the on-site Government ESS or the Army Reserve Education Program Manager.

1.14. Organizational Conflict of Interest (OCI). The primary purpose of this clause is to aid in ensuring that:

1.14.1. Prevention of Unfair Advantage. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition, and the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.14.2. Objectivity and Judgment. 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.

1.14.3. Definitions. The primary purpose of this clause is to aid in ensuring that:

1.14.3.1. Contractor. The term “Contractor” herein used 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.

1.14.3.2. Proprietary Information. The term "proprietary information" for purposes of this clause 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.

1.14.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive:

1.14.3.1. 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.

1.14.3.2. 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.

1.14.3.3. 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.

1.15. 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 Contracting Officer may impose constraints other than, or in addition to, the constraints listed below:

1.15.1. General Constraint 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 sub-contractor or consultant to a supplier of the system or any of its major components. (FAR 9.505-1).

1.15.2. General Constraint 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 sub-contractor or as a consultant.

(FAR 9.505-2).

1.15.3. General Constraint 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).

1.15.4. General Constraint 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.

1.15.5. General Constraint 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 Contracting Officer, 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.

1.16. 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.

1.17. 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.

1.18. Sub-Contracts.. The Contractor agrees that it will include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and sub-contracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "sub-contractor" for the word "Contractor" whenever the latter appears.

1.19. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause 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.

1.20. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KO 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.

1.21. Representations and Disclosures.

1.21.1. Contracting Officer Disclosure. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.21.1.1. Prompt and Full Dislosure. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.21.2. Remedies and Waiver.

1.21.2.1. Results of Breach/Misrepresentation. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this Contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract or any task or delivery order issued under this contract for convenience if such termination is deemed to be in the best interest of the Government.

1.21.2.2. Potential Effects. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof. (FAR 9.503).

1.22. Phase-In Period. During the phase-in and to minimize any decreases in productivity and to prevent possible negative impacts on services and support, the Contractor shall have key personnel on board and shall conduct phase- in activities to include, but not limited to: obtain student files/status, passwords, obtain CAC, become familiar with standard operating procedures/testing procedures, etc. During the phase-in period, the Contractor shall become familiar with the performance requirements in order to commence full performance of services and support by start of the base period of performance.

1.23. Phase-Out Period. The Contractor’s phase-out procedures shall not disrupt or adversely impact day-to-day conduct of Government business. A final Phase-Out Plan shall be submitted sixty (60) calendar days prior to the end of the contract for the approval of the KO and implemented thirty (30) days prior to the end of the final performance period. Phase-out period is the last thirty (30) days of the final period of performance and Contractor shall remain responsible for services during this period. A roster of current personnel, position title, and complete point-of-contact information shall be provided to the KO and COR within two (2) business days of request.

Part 2

Definitions and Acronyms

2. Definitions.

2.1. Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the Government.

The term used in this contract refers to the prime.

2.2. Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: This is the only individual who can legally bind the government.

2.3. Contracting Officer Representative (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.4. Defective Service. A service output that does not meet the standard of performance associated with the PWS.

2.5. Deliverable. Anything that can be physically delivered, but may include non-manufactured items such as meeting minutes or reports.

2.6. Education Services Specialist (ESS). A Government employee who plans and develops an installation ACES program. Administers all education services and advises the installation commander on the status and needs of the education program by promoting acceptance and participation by personnel at the installation.

2.7. GoArmyEd. A dynamic web-portal which allows Soldiers to request Army Tuition Assistance (TA) for classroom and distance learning courses, located at www.goarmyed.com.

2.8. Key Personnel. Contractor employees that are critical for achieving PWS objectives. Key personnel shall meet position qualification requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in a Best Value procurement, the KO is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.9. Performance Requirements Summary (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.10. Quality Assurance (QA). A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements;

and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.11. Quality Assurance Surveillance Plan (QASP).