W912CJ-15-C-0005-P00006 PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

9-1-1 Dispatch Service & Communications Equipment Parks Reserve Forces Training Area Police Department Parks RFTA, Dublin CA 94568

PART 1

GENERAL INFORMATION

1. General: The PWS is a statement of work for performance based services that describes the required results in clear, specific and objective terms with measurable outcomes. The Contractor shall perform IAW the PWS. The PWS shall be incorporated into a contract as a result of a determination made by the Government.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: Parks Reserve Forces Training Area (Parks RFTA) is strategically located in Dublin, California, approximately 1.5 miles NE of the -Hwy 680 and CA Hwy 580 intersection. Parks requires services to support, provide and manage 9-1-1 emergency police dispatch service & the supply and maintenance of communications equipment for the Parks (RFTA) Police Department.

This PWS is for non-personal services only. Non-personal services means a service under which the personnel rendering the service(s) are not subject, either by contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.2 BACKGROUND: Parks RFTA provides services for more than 31 units consisting of more than 20,000 Army Reserve and National Guard Soldiers. Parks RFTA provides soldiers the only training areas in the East Bay Area. CP ‘s assets include a rappel tower, confidence course, leadership reactions course, a battle projection center, a distance learning center, NBC chamber, state of the art medical skills lab and bed space for more than 800 soldiers.

1.3 OBJECTIVES: The Contractor shall provide all plant, labor, tools, equipment, materials, transportation, supervision, supplies, services and a variety of personnel with the qualifications necessary to perform and support 9-1-1 Police Dispatch Service, provide and maintain communications equipment and NCIC/ CLETS Service for the Parks RFTA Police Department, Dublin CA.

1.4 SCOPE: The Contractor shall provide 9-1-1 Police Dispatch Service, provide and maintain communications equipment and NCIC/ CLETS Service for the Parks RFTA Police Department, Dublin, CA. The Contractor shall have an E 9-1-1 hub which services Parks RFTA (requires a Public Safety Answering Point (PSAP) which has jurisdiction over Parks RFTA) & all items listed below:

1.5 PERIOD OF PERFORMANCE: The period of performance shall be for a 12-month base year and four (4) 12-month option years and a 6 month extension, if needed.

1.6 GENERAL INFORMATION:

1.6.1 QUALITY CONTROL: The Contractor shall develop and maintain an effective quality control program 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. The Contractor’s quality control plan (QCP) is the means by which he assures himself that his work complies with the requirement of the PWS. The Contractor’s QCP shall be presented to the Government in an acceptable digital format (i.e.; PDF, Word), no later than ten (10) calendar days after contract award, and no later than five (5) calendar days after any changes to the PWS that are authorized by a KO under the awarded contract.

Within ten (10) days of receipt of the Contractor’s QCP, the Contractor shall meet with the Contracting Officer and/or designated representatives to discuss Contractor’s quality control system. During this meeting, a mutual understanding of the system details shall be developed, including the forms for recording the Contractor’s QC (CQC) operations, control activities, testing, administration of the system for both on-site and off-site work, and the interrelationship of the Contractor’s inspection and quality control with the Government’s Quality Assurance. Minutes of the meeting shall be prepared by the Contractor and signed by the Contractor, Contracting Officer and Contracting Officer’s Representative.

The Contractor’s quality control program shall include the following, at a minimum:

Address overall project management and administration.

Be a comprehensive program to plan and deliver quality services to the Government.

Cover all services described in the PWS, prioritize services, and concentrate on the most important services.

Describe a method acceptable to the Government for identifying deficiencies in the quality of service performed under the PWS before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon Government direction.

Establish an inspection system covering all services required by the PWS. The Preventive Maintenance Schedule (PMS) and QCP shall specify areas to be inspected on a scheduled and recurring annual cycle IAW the PWS.

Contain specific quality control techniques for contract services identified in the Performance Requirements Summary (PRS) list. The quality control methods shall be comprehensive and adaptable to the reporting systems of the CQCP.

Include a customer complaint feedback system for correction of validated complaints and inform the customer of corrections. The QCP shall describe how users or other interested parties may identify problem areas or situations to the Contractor. The customer complaint program shall be compatible with the reporting and communication systems of the QCP.

Identification and implantation of continuous (process) improvements during the duration of all work described in the PWS.

An outline on procedures to be performed in order to change scheduled cleaning times.

The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis; how often inspections will be accomplished and documented; and the title of the individual(s) who will perform the inspections.

On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection at any time.

Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of work described in the PWS.

On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services described in the PWS.

A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of work described in the PWS.

The Contractor’s QCP shall be incorporated into and become part of the PWS after the plan has been submitted in writing to a Contracting Officer. Only the Contracting Officer may authorize the Contractor’s QCP or any changes to it. The QCP shall be maintained throughout the life of the PWS 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 entire scope of work.

When the contractor’s performance is unsatisfactory, a Contract Discrepancy Report (CDR) shall be issued. The Contractor shall reply in writing within five (5) working days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

For purposes of acceptance, the QC program shall be considered as work or service and shall be subject to acceptance throughout the term of the contract, to include extensions of contract term. The contractor shall notify the Contracting Officer and request approval in writing of any proposed change to the QC program. The contractor shall not implement any change prior to a review and authorization of the proposed change by the Contracting Officer.

1.6.2 QUALITY ASSURANCE: The Government will periodically evaluate the contractor’s performance using a Government Quality Assurance Surveillance Plan (QASP). The Government will measure the Contractor’s control of quality against the Performance Objectives specified in the Performance Requirements Summary (PRS). If re-performance of a service delivery is required, the Government will record the original inspection results on a Contract Discrepancy Report (CDR) as unsatisfactory. When overall monthly performance for a required service meets or exceeds the performance threshold, quality control is satisfactory. The Government will use only the original inspection results to make this evaluation. Failure to meet the performance threshold for a required service means that quality control for that service for the observation period is unsatisfactory. The Government will evaluate each service for each observation period, which is generally, monthly.

1.6.2.1 VALIDATED CUSTOMER COMPLAINTS: Services considered unacceptable upon a Validated Customer Complaint shall be re-performed before the next scheduled service at no additional cost to the Government. All customer complaints will be annotated in VCE data base and checked daily by the COR until corrected.

1.6.2.2 PERFORMANCE EVALUATION MEETINGS: At these meetings the Contracting Officer will apprise a Contractor of how the government views the Contractor’s performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.3 RECOGNIZED HOLIDAYS: The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. The recognized federal holidays include:

*Note: Mission Execution requirements have been determined for the positions performing work within the Directorate of Emergency Services. The Emergency Services Dispatcher will be required to perform services twenty-four hours’ per-day, seven (7) days a week, including nights, weekends, and holidays.

1.6.4 HOURS OF OPERATION: The Contractor is responsible for conducting business Monday through Sunday 24/7, 365 Days / Year. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. All hours of operations shall be Pacific Standard Time unless otherwise stated.

Directorate of Emergency Services

1.6.5 PLACE OF PERFORMANCE: The work described in the PWS will be at the Contractor’s Communication Center and Parks RFTA, Dublin CA 94568.

1.6.6 TYPE OF CONTRACT: The Government will award a Firm Fixed Price contract.

1.6.7 SECURITY REQUIREMENTS: The Contractor must be able to receive a favorable NCAI rating for the company. All Contractor personnel performing work in non-emergency service positions shall have a minimum confidential clearance. While all emergency service personnel must have a minimum of a confidential security clearance at time of the proposal submission, and must maintain the level of security required for the base year and all awarded option years. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. The security requirements are in accordance with the attached DD254 In addition, all personnel must meet requirements IAW DODD 8570.

1.6.7.1 PHYSICAL SECURITY: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 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.

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

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

1.6.7.3 LOCK COMBINATIONS: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.7.4 AT/OPSEC: The Contractor will ensure all personnel employed at Parks RFTA complete AT/OPSEC training.

1.7 INSTALLATION INFORMATION:

1.7.1 DIRECTORATE OF EMERGENCY SERVICES (DES): Directorate of Emergency Services is the oversight Directorate. DES provides the COR and Physical Security responsibility for contract management and contractor oversight. DES COR is available at Building 620, 0700 to 1630, Monday through Friday.

1.7.2 ACCESS TO PARKS RFTA: Each Contractor employee who requires access to Parks RFTA to perform work under any contract, at any tier, must obtain either an identification badge or a visitor’s pass to obtain access. Contractors and its employees shall adhere to all applicable Parks RFTA security requirements and traffic laws. Procedures for accessing the installation are subject to change without prior notice. Current information concerning access conditions may be obtained by calling (925) 875-4200.

1.7.2.1 All Contractors will be registered in order to gain access to Parks RFTA. There is no associated cost with this requirement.

Contact Parks RFTA, (Monday - Friday, 8AM-4PM Pacific Standard Time (PST)) at (925) 875-4290 concerning the enrollment process and for additional information. Once the Contractor employee application is approved, the Contractor must report to main gate to receive his/her pass.

This process may be changed without prior notification, but any long-term badge issued to Contractor employees will continue to be valid until its expiration date.

1.7.2.1.1 ACCESS PROGRAM: A pass will only be issued to an employee, at any tier, if the employee requires access more than twice per week. Companies must be listed on the Contractors Authorized List (CAL).

The Contractor is responsible for all associated fees to conduct a Criminal History Background Check (CHBC) on new employees. If the CHBC is not adverse, and the physical security check is favorable; the Contractor employee(s) (Non CAC holder) will be issued a DBIDs identification card or Pass. Contractor employees with an adverse CHBS are prohibited from being issued an identification card or Pass. The Contractor shall provide information as required to the Directorate of Emergency Services Physical Security Specialist to be vetted if access is needed. Once Contractor’s employee(s) has a favorable review, the Physical Security specialist will notify the Contractor. Contractor employees denied an identification card or visitor pass shall only enter Parks RFTA with a DoD employee escort, at the discretion of the Parks RFTA Physical Security Specialist. However, if the Contractor employee does not meet the criteria for being issued an identification Card, the Government may, at its sole discretion, decide not to issue a visitor’s pass to the Contractor’s employee and deny the Contractor employee access to the installation. If a contractor’s employee is denied access to the installation, the contractor may appeal the situation to the Garrison Commander for further consideration.

1.7.2.1.2 The Contractor’s employees in possession of an identification card or a pass may enter the installation through any Access lane except during Force Protection (FP) Level Charlie or Delta. During FP Level Charlie or Delta, all Contractor vehicles must enter through a commercial vehicle inspection point (CVIP). All passengers in the Contractor employee vehicle must have an identification card.

1.7.2.1.3 If an employee (Non CAC Holder) no longer performs work under the contract, the Contractor shall return the identification badge to the COR within two (2) calendar days of such change. If the identification badge cannot be returned within the required time frame for any reason, the contractor shall immediately notify the COR verbally, followed up in writing the next work day. Email notification is authorized. An employee’s inability to obtain entrance to Parks RFTA because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract. Passes are currently issued at the Parks RFTA main gate. The Government may change the location at which identification cards are issued or returned, with or without advance notice to the contractor. Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

1.7.2.1.4 Identification Cards shall not be reproduced or copied by the Contractor, Sub-Contractors, or its employees. If an identification cards is lost or stolen the contractor shall report the incident to the Parks RFTA police department and the Physical Security Officer on the day such loss or theft is discovered.

1.7.2.1.5 The identification Cards shall not be used to access any Government installation except for performance of work under the contract for which it was issued.

1.7.2.1.6 The contractor shall, upon expiration or termination of the contract, collect all identification cards or passes and return them to the COR.

1.7.2.2 PARKS RFTA GATE INFORMATION FOR CONTRACTOR ACCESS: The contractor may call (925) 875-4200 to receive updated Access Information for the Installation.

1.7.2.2.1 PRIVATELY OWNED WEAPONS: All personnel requiring access to Parks RFTA shall comply with Army Regulation (AR) 190-11, Physical Security of Arms, Ammunition, and Explosives (AA&E).

1.7.2.2.2 POSSESSION OF PRIVATELY OWNED FIREARMS: Possession of privately owned firearms on Parks RFTA is prohibited for all civilian personnel.

1.7.2.2.3 TRANSPORTATION OF PRIVATELY OWNED FIREARMS AND AMMUNITION: is prohibited for all civilian personnel.

1.7.2.2.4 CONCEALED WEAPONS: No person shall carry a concealed weapon while on Parks RFTA, regardless of whether a state or county permit has been obtained. For the purpose of this regulation, a concealed weapon is any instrument used or designated for the purpose of inflicting grievous bodily harm, which is carried on the person in such a way as to be hidden from ordinary view.

1.7.2.2.5 POSSESSION OR RETENTION OF PROHIBITED WEAPONS: No person may possess the following weapons on Camp Parks:

Fixed blade knives having a cutting edge in excess of three inches. Any knife with a switch blade, spring blade, automatic blade opener, or gravity operated blade. Prohibited knives do not include knives designated for and used during hunting and fishing, nor knives kept in Government quarters and used in food preparation.

Brass knuckles or any similar device fitting over, or concealed in, the hand, including knuckle knives.

Any instrument commonly used in the practice of martial arts, except during legitimate martial arts training. Legitimate martial arts training is conducted by a certified instructor in an authorized on-post facility. Prohibited instruments include, but are not limited to, nunchaku, throwing stars, shurikins, and throwing spikes.

Blackjacks, sappers, saps, riot clubs, night sticks, sling shots, lead or iron pipes, sand clubs, rubber or plastic hoses wrapped with tape or filled with sand or lead buckshot or other similar device.

Razors, ice picks, box cutters, screwdrivers or other similar device or tools (which have obviously been modified for use as a weapon) intended for use, or used as a weapon.

Explosive, incendiary, and pyrotechnic devices except as authorized by the Garrison Commander. Prohibited devices include, but are not limited to, fireworks, military ammunition carried in a non-official capacity, and any explosive device.

Any weapon, including a firearm, on which the name of the manufacturer, serial number, or identification number has been changed, altered, removed, or obliterated.

1.7.3 VEHICLE AND EQUIPMENT OPERATIONS:

1.7.3.1 LICENSING AND REGISTRATION: Contractors Company Vehicles must be properly licensed and registered in any of the fifty states. The contractor shall register all vehicles to be used on Parks RFTA. Any employee or subcontractor who drives his/her private owned vehicle on post must also register his/her vehicle.

1.7.3.2 CLEARANCE FOR CONTRACT COMPLETIONS: Upon completion of the contract, it shall be the contractor’s responsibility to collect all vehicle passes and/or any Government-provided ID Cards; including key(s). All Parks RFTA vehicle passes, with documentation, must be returned to Parks RFTA physical security office.

1.7.3.3 VEHICLE IDENTIFICATION: The contractor shall display the company name, and city on both sides of vehicles and equipment. Magnetic signs are acceptable, however if magnetic signs are used, contractor shall maintain strict accountability for any lost or missing signs and report them immediately to the COR. Signs shall be easily readable from twenty (20) feet by persons with 20/20 vision.

1.7.3.4 REMOVAL OF VEHICLES: Unacceptable vehicles and equipment shall be removed by the contractor within one calendar day after being notified by the COR or otherwise becoming aware that such vehicle or equipment is unacceptable.

1.7.4 INTERFACE WITH GOVERNMENT OPERATION: Performance of work by contractor personnel shall not interfere with regularly scheduled Government operational activities.

1.7.5 FRAUD, WASTE AND ABUSE: The contractor shall be responsible for maintaining proper conduct and good discipline within contractor occupied work areas. Contractor shall maintain a vigilant program oversight strategy, sufficient and robust enough to identify early on, any cost savings benefits, ensure timely and productive repair and maintenance efforts, and productive use of monitors’ time while on shift. Inventory storage shall allow technicians to quickly pull or return spare parts and tooling from inventory while maintaining an accurate inventory count.

1.7.6 FIRE PROTECTION: The contractor shall comply with Parks RFTA Regulations for fire protection and fire prevention.

1.7.7 ACCIDENT REPORTING: The contractor shall maintain an accurate record of accidents resulting in traumatic injury or death and accidents resulting in damage to Government property, supplies, or equipment.

1.7.8 SAFETY: The contractor shall safeguard and maintain all Government property, as well as provide for the safety and well-being of all personnel. The contractor shall comply with the Occupational Safety and Health Act (OSHA); and any other applicable safety laws and regulations. Contractor personnel shall wear safety items required by OSHA during the performance of tasks requiring protective equipment or clothing or as required when performing work within a construction zone or hazardous work site. The contractor shall develop and implement a Safety Program for employees performing work. The contractor shall submit the Safety Plan to the Contracting Officer within ten (10) working days after award of the contract. Revisions shall be submitted at least seven (7) working days prior to the effective date of the change.

1.7.9 SMOKING: The contractor shall comply with Parks RFTA Regulations, which establishes uniform policies governing smoking at facilities.

1.8 PERSONNEL QUALIFICATIONS: The contractor will ensure all contract employees working at Parks RFTA are cleared to NACI levels.

All contractor personnel performing work in a non-emergency services position shall have a minimum confidential clearance. While all emergency service personnel must have a minimum of a confidential security clearance at time of the proposal submission, and must maintain the level of security required for the base year and all awarded option years and described in the PWS. In addition, the contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required for the base year and all awarded option years described in this PWS. The contractor shall meet all requirements, shift schedules, and changes as shall be required to assure prompt response to the requirements of the contract. All personnel utilized in the performance of the contract shall be employees of the contractor and shall not be construed to be employees of the Government; and all employees shall be legal residents of the United States. Contractor shall maintain security vigilance and awareness over all aspects of work IAW this PWS. Aspects of work include, but are not limited to, protection of material in transient or storage, during any repair or replacement or at any other time prior to being placed on the live system. Protection means, unintended/unauthorized disclosure, or exposure of any drawing, specification, or program language associated with a component, sub-system, system, software, or hardware that would potentially pose a security threat to the system or the protected asset. Those personnel identified as possessing the required minimum qualifications shall be the personnel who actually provide the work or services specified in this PWS. Employees, while on any military installation covered by this contract, shall not in any way reflect discredit upon Parks RFTA, the Department of the Army, or the Government.

1.8.1 The Contractor shall be responsible for ensuring all personnel performing work IAW this PWS possess and maintain current certifications and security requirements as indicated in PWS during the execution of this contract.

1.8.2 Contractor personnel performing work IAW this PWS shall be able to read, write, speak, and understand the English language to effectively carry out all requirements described in this PWS. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.8.3 Contractor personnel performing work IAW this PWS shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed, and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.8.4 The Contractor shall provide personnel possessing the skills, knowledge, experience, and training to satisfactorily perform the services required by this PWS. Personnel performing work under this PWS shall remain employees of the Contractor, and not considered employees of the Government.

1.8.5 Contractor shall provide to the Contracting Officer a list of employees who will fill each position and perform the functions outlined in the PWS at time of contract award. The contractor shall maintain this list throughout the base year and all awarded option years as described in this PWS. The contractor shall notify the Contracting Officer, in writing, of any addition, deletion or change within seven (7) calendar days of such change.

1.8.6 Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work IAW the PWS shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel must comply with all personal identity verification requirements as directed by DoD, HQDA or local policies. In addition to the changes otherwise authorized by the KO, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor and any possible subcontractor security matters or processes.

1.9. ANTI-TERRORISM PROGRAM:

1.9.1 The Contractor shall allow the Government to conduct periodic inspections to ensure adherence to access control procedures in accordance with DoD Anti-Terrorism Program. 5152.209-4000 DOD LEVEL I ANTI-TERRORISM (AT) STANDARDS (FEB 2009).

1.9.2 ANTI-TERRORISM (AT) LEVEL I TRAINING: Contractor personnel performing work under the PWS that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within ten (10) calendar days after award of contract or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected employee to the COR within five (5) calendar days after completion of training by all Contractor personnel. AT Level 1 awareness training can be completed at the following the links:

CAC Holders https://jkodirect.jten.mil Non CAC Holders https://jko.jten.mil/courses/atl1/launch.html

1.9.3. iWATCH TRAINING: The Contractor shall brief all personnel performing work IAW the PWS on the local iWATCH program. These training standards are provided by the requiring activity Anti-Terrorism Office (ATO). This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within ten (10) calendar days of contract award and within ten (10) calendar days of new employees commencing performance of work, with the results reported to the COR no later than five (5) calendar days after contract award.

1.9.4. Contractor personnel requiring access to Parks RFTA to perform their duties, shall successfully complete, as a minimum, a National Agency Check with Inquiries (NACI), background investigation processed through the Installation Personnel Security Manager. These investigations shall be submitted by the installation Personnel Security Manager, (925 875-4290) at no cost to the contractor. Prior to the contractor reporting to the installation to commence work, the contractor will submit the required documentation, obtained from the installation Personnel Security Manager. The contractor’s employee(s) must provide the installation Personnel Security Manager with the required information to initiate the NACI within seven days of reporting to work on the installation. Upon initiation of the NACI, the contractor’s employee will have a window of seven days to complete the background investigation package. Failure to provide the necessary documentation for the NACI background investigation is grounds for contract termination.

1.10 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. The contractor shall be required to meet with the Contracting Officer’s Representative (COR) as necessary to discuss Contract issues that may arise. The time and location will be mutually agreed upon. Minutes of all meeting shall be prepared by the Contractor and signed by the COR, KO and Contractor.

1.11 CONTRACTING OFFICER’S REPRESENTATIV (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that 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 Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property; and facilitate 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 KEY PERSONNEL: The follow personnel are considered key personnel by the government: Contract Manager / Alternative Contract Manager, Dispatchers and Dispatcher Supervisor.

1.12.1 CONTRACT MANAGER / ALTERNATIVE CONTRACT MANAGER: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work and be the single point of contact with the Government. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this Contract. The Contract Manager or alternate shall be available between 0800 to 1630 Pacific Standard Time, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons, after hours by phone or in person as necessary, to conduct program management, coordination, repairs and troubleshooting with monitors, technicians, COR, and other agencies that provide support or require support.

Contract Managers shall have a minimum of five (5) years’ experience in monitoring, maintenance, supervision and management. After hours, the Contract Manager shall be available by phone. The Contract Manager shall be the point of contact with the Government. In addition, the Contract Manager shall ensure all daily tasks are reviewed, submitted, documented, updated, or otherwise completed as required. The Contract Manager must review system log files daily, correct system errors, and report critical events to the supervisor and/or COR. Contract Managers shall be required to have and confidential security clearance and annual criminal records check conducted by the Government.

1.12.2 Dispatcher(s): The Contractor shall provide Dispatcher(s) 24/7 at the Contractor’s Communications Center for 24 / 7 daily operations, Pacific Standard Time, Monday thru Sunday.

1.12.3 Dispatcher Supervisor: The contractor shall provide Dispatcher Supervisor(s) 24/7 at a Communications Center for 24 / 7 daily operations, Pacific Standard Time, Monday thru Sunday.

1.13 Identification of Contractor Employees will be determined by Contractor’s Communications Center.

1.14 DATA RIGHTS: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.15 ORGANIZATIONAL CONFLICT OF INTEREST: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event that the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.16 DAMAGES CAUSED BY THE CONTRACTOR: The contractor shall be held accountable and liable to the Government for any damages to Government facilities, furnishings, equipment or grounds caused by the contractor or his employees. The contractor shall instruct his employees to immediately inform the building manager of any damages to property resulting from the performance of their duties.

1.17 LOSS OF CONTRACTOR PROPERTY: The contractor shall be responsible to retain supplies and equipment within each building, in a safe and secure manner. Storage rooms shall be kept clean. The Government will not be held liable for any loss of supplies or equipment owned by the contractor; nor the loss of any personal property belonging to employees of the contractor.

1.18 PURPOSE: To aid in ensuring that:

1.18.1 The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.18.1.1 The contractor’s objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

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

1.18.2 DEFINITIONS

1. 18.2.1 The term contractor herein used in section 1.15, Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into an agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.18.2.2 The term "proprietary information" for purposes of section 1.9.21, Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held confidential 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.

1.18.2.3 The term “Validated Customer Complaint” means the process by which the COR receives a customer feedback complaint about the performance of the contractor’s service(s). When the COR receives the complaint(s) then the COR will determine if the complaint(s) relate to an act caused by the contractor that is either IAW the contract or not IAW the contract. If the COR determines that the complaint is related to an act by the contract that is not IAW the contract then the complaint qualifies as a “validated customer complaint”. When the COR makes the determination that a validated customer complaint has occurred then the COR will report the validated customer complaint details to the contracting officer in writing and send it via email to the contracting officer.

1.18.3 ORGANIZATIONAL CONFLICTS OF INTEREST EXAMPLES: The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.18.3.1 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.

1.18.3.2 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.

1.18.3.3 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.

1.18.4 GENERAL CONSTRAINTS: The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern the PWS. 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 PWS. To avoid or mitigate a potential conflict related to performance under the PWS, 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.

1.18.4.1 The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.18.4.2 The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.18.4.3 The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.18.4.4 The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.18.4.5 If the Contractor, in the performance of the PWS, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.19 NON-DISCLOSURE AGREEMENTS: The Contractor shall obtain from each employee who has access to proprietary information under the PWS, 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.

1.20 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.

1.21 REPRESENTATIONS AND DISCLOSURES:

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

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

1.22 REMEDIES AND WAIVER:

1.22.1 For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning the PWS, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.9.25, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to a contract award decision, the KO may terminate the 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.

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

1.23 PHASE IN: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during a five (5) day phase in period.

1.24 PHASE-OUT PLAN: The Contractor shall develop a phase-out plan to affect a smooth and orderly…