FINAL_PWS_28_MAY_2019.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Child Development Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Child Development Services within the Child Development Center (CDC), as defined in this PWS.

1.2 Background: The composition of the U.S. Army is changing rapidly, and largely reflects trends in our society. More Department of Defense (DoD) families today consist of wounded warriors, dual-military spouses, federal civilians, activated Army Reserve and activated National Guard, or families that are headed by a single parent. The DoD recognizes the importance of providing families with access to quality, affordable child development programs. It is the West Virginia Army National Guard’s intent to provide supervised care and parental support with this Performance Work Statement.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and four 12-month option years.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC 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. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) no later than (NLT) 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.2 Quality Assurance (QA): 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 will 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 acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0630-1730 on Monday through Friday, and 0700-1800 on Saturday, and Sunday, one weekend per month, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The Government will provide weekend schedules at least six months in advance of required Saturday and Sunday services. Performance shall be at 1703 Coonskin Drive, Charleston, West Virginia, building number 1742.The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is not authorized.

1.4.4.1 Reserved

1.4.4.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.5 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors requiring Common Access Card (CAC): The CAC is the DoD Federal Personal Identity Verification (PIV) credential. CAC issuance requirements are as follows:

In accordance with Department of Defense Manual (DoDM) 1000.13-M-V1, DoD Identification (ID) Cards, January 23, 2014, initial issuance of a CAC requires, at a minimum, the completion of an Federal Bureau of Investigation (FBI) fingerprint check with favorable results and submission of a National Agency Check with Inquiries (NACI) (or investigation approved in Federal Investigative Standards) to the Under Secretary of Defense for Intelligence (USD(I)) approved investigative service provider. The issuance of a CAC will be based on four criteria: (a) eligibility for a CAC; (b) verification of DoD affiliation from an authoritative data source; (c) completion of background vetting requirements according to the Federal Information Processing Standards Publication 201-2, Personal Identity Verification (PIV) of Federal Employees and Contractors, August 2013, and DoD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), April 3, 2017, and (d) verification of a claimed identity. Sponsorship and enrollment information about each applicant must be registered in the Defense Enrollment Eligibility Reporting System (DEERS) through either the Real-Time Automated Personnel ID System (RAPIDS) using the DD Form 1172-2, or the Trusted Associate Sponsorship System (TASS).

1.4.5.1.1 HSPD-12 Background Investigation Requirements: The contractor shall ensure that all contractor and subcontractor personnel whose duties require CAC card issuance obtain them, and shall process all CAC card applications. The contractor shall ensure that all employees requiring an initial background investigation complete a Personnel Security Investigation Portal (PSIP) form at Attachment TBD, at the earliest possible date and that this form is forwarded to the COR immediately. The COR will review the form for completeness and accuracy and forward it to the National Guard Bureau (NGB) Personnel Security manager who will initiate the investigation process via the PSIP. Contractor personnel will then receive two e-mail messages; the first will confirm that the investigative service provider has received the request, and the second will provide instructions for the completion of the appropriate form via the Electronic Questionnaires for Investigations Processing (e-QIP) system. Upon completion of the e- QIP questionnaire and submittal of all required documents, including fingerprint card to the security manager, the background investigation (BI) will be initiated. The contractor shall ensure immediate compliance with all instructions regarding background investigation processing, including those provided verbally, by e-mail or via a Government system. The contractor is cautioned that the entire process from submittal of the PSIP form to return of the FBI fingerprint check may routinely take from two to six weeks and shall factor this lead time into its hiring/placement process. The contractor shall make all reasonable efforts to ensure that contractor employees meet CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements or decreases in efficiency in accordance with the applicable inspection clause.

1.4.5.1.2 Trusted Associate Sponsorship System (TASS): The contractor shall process CAC applications through the TASS, the procedures for which are described below.

Although there is no requirement for the contractor to designate a “Corporate Facility Security Officer" (FSO) to serve as its single point of contact for the BI, the TASS application process and other CAC and security-related matters, such designation facilitates these processes. If an FSO is not established, all contractor employees requiring a CAC will be required to process their own applications. The submission process for CAC applications is as follows:

1. The contractor's FSO or contractor employee shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA). The TASS TA for this requirement will be: TBD

2. The Government will establish a TASS application account for each CAC Request and will provide each contractor employee a USER ID and password, via email, to the FSO. The FSO or contractor employee shall access the TASS account and complete the CAC application (entering/editing contractor information as applicable) at:

https://www.dmdc.osd.mil/tass/. The FSO or contractor employee shall follow up to ensure that the TA is processing the request.

3. The Government will inform the contractor's applicant, via email, of one of the following:

a. Approval.* Upon approval, the information is transferred to the DEERS database and an email notification is sent to the contractor with instructions on obtaining their CAC. The contractor proceeds to a RAPIDS station (RAPIDS Site Locator:

http://www.dmdc.osd.mil/rsl/).

b. Rejection.* The Government, in separate correspondence, will provide reason(s) for rejection.

c. Return. Additional information or correction to the application required by the contractor employee.

*The contractor shall maintain records of all approved and rejected applications.

1.4.5.1.3 At the RAPIDS station, the RAPIDS Verification Officer will verify the contractor employee by SSN and two forms of identification. Identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 1615- 0047, "Employment Eligibility Verification." Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal Government-issued picture ID. The Identity documents will be inspected for authenticity and scanned and stored in the DEERS upon issuance of an ID. The photo ID requirement cannot be waived, consistent with applicable statutory requirements. The Verification Officer will capture primary and alternate fingerprints, picture, and updates to DEERS, and will then issue a CAC. Issued CACs will be valid for no longer than three years, or until the individual's contract end date (inclusive of any options), whichever is earlier.

1.4.5.1.4 The contractor shall return issued CACs to the DEERS office upon departure or dismissal of each contractor employee, and shall obtain a receipt for each card and provide it to the TA/COR.

1.4.5.1.5 The contractor shall manage requests for new or renewal CAC cards in sufficient time to ensure that all contractor employees have them when needed to perform work under this contract. The contractor shall provide at least 10 calendar days advance notice to the TA, unless there are extenuating circumstances approved by the COR or KO.

1.4.5.1.6 The contractor shall obtain an Army Knowledge Online (AKO) email address for each applicant, including subcontractors, who may be deployed or require logical access to a government computer network. This can be done by going to:

http://www.us.army.mil and registering as an "Army Guest," with the sponsor being the COR or a COR- designated individual if the COR is ineligible to Serve as an AKO Sponsor. Note: If employees of a contractor lose the privilege to access AKO, they lose the ability to renew their CAC. Therefore, it is critical that contractor employees maintain their AKO accounts.

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.5.3 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.4 Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the Army Enterprise Info structure (AEI). Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall:

1.4.5.4.1 Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation.

1.4.5.4.2 Complete initial and/or annual Information Assurance (IA) training as defined in the IA Best Business Practices (BBP) training (https://informationassurance.us.army.mil).

1.4.5.4.3 Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know.

1.4.5.4.4 Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

1.4.5.4.5 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

1.4.5.5 Protection of Personally Identifiable Information (PII). The contractor shall protect all PII encountered in the performance of services in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose PII has been compromised.

1.4.5.6 AT Level 1 Awareness Training (AT): All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete Level 1 AT within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR, within 15 calendar days after completion of training. Level 1 AT is available at http://jko.jten.mil/courses/atl1/launch.html .

1.4.5.7 Information Assurance (IA)/Information Technology (IT) Training: All contractor employees and associated subcontractor employees shall complete the DoD IA Awareness Training before issuance of network access and annually thereafter. All contractor employees performing services involving IA/IT functions shall comply with DoD and Army workforce training requirements in DoDD 8140.01, DoD 8570.01-M and AR 25-2 within six months of the start of contract performance. In accordance with DoD 8570.01-M, DFARS 252.239.7001 and AR 25-2, contractor employees performing Information Assurance Technical (IAT) functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award.

1.4.5.8 Information Awareness: All contractor employees with access to a government information system shall be registered in the Army Training Certification Tracking System (ATCTS) (https://atc.us.army.mil/iastar/index.php) at commencement of services, and shall successfully complete the DoD Information Assurance awareness training prior to access to the IS and then annually thereafter.

(https://ia.signal.army.mil/DoDIAA/).

1.4.5.9 iWATCH Training: The contractor and all associated subcontractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. 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 or the KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each contractor employee and subcontractor employee to the COR, within 15 calendar days after completion of training.

1.4.5.10 OPSEC Training: In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the COR, within 15 calendar days after completion of training. Level 1 OPSEC training is available at http://cdsetrain.dtic.mil/opsec/.

1.4.5.11 OPSEC SOP/Plan. The contractor shall develop an OPSEC Standard Operating Procedure (SOP)/Plan and provide it to the COR within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan shall include a process to identify the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. The contractor shall implement OPSEC measures as required by the Government. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC Level II certified within 90 days of appointment as OPSEC coordinator in accordance with AR 530-1. Contractor shall provide a copy of the certification to the COR NLT 15 days after completion.

1.4.5.12 Classified Information. The contractor shall comply with Federal Acquisition Regulation (FAR) Clause 52.204-2, Security Requirements. This clause applies to contracts that involve access to information classified “Confidential,” “Secret,” or “Top Secret,” and requires contractors to comply with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M) and applicable updates/changes.

1.4.5.13 Threat Awareness and Reporting Program (TARP). Per AR 381-12, Threat Awareness and Reporting Program (TARP), contractor employees with security clearances must receive annual TARP training by a counterintelligence (CI) agent or other trainer as specified in Chapter 2 Threat Awareness and Education, Section II, paragraph 2-4b. The contractor shall identify annual TARP training, personnel trained and date of training with the Monthly Progress Report.

1.4.5.14 Staffing: Before the contractor can hire new staff for the CDC, the contractor shall ensure that the employee candidate completes a DA Form 5018-R, Client’s Consent Statement for Release, and is given to the COR. The Client’s Consent Statement for Release is used to complete the Installation Record Checks (IRC). The COR will turn this information into HQDA, once the COR receives the documentation back from HQDA, the COR will notify the contractor, and the employee candidate may start their first day of employment at the CDC.

1.4.5.15 Background Clearances: The Contractor shall complete all Federal and State background checks as required. The Contractor shall initiate, complete and ensure the completeness and accuracy of all required forms; DA Form 5018-R, PSIP, OFI Form 86C, OF-306, TASS, E-QIP electronic, WV Cares. Note: State required background checks, to include drug testing, will be at the Contractor’s expense.1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Key Control. NOTE: All references to keys include key cards. The contractor shall establish and implement methods of ensuring that no keys/key cards issued by the Government are lost or misplaced or are used by unauthorized persons. No keys issued by the Government shall be duplicated. The contractor shall include procedures covering key control in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.

1.4.6.1.1 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the Government replaces or re-keys the locks, the Government will deduct the total cost of lock replacement or re-keying from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system, and will deduct the total cost from the monthly payment due the contractor.

1.4.6.1.2 The contactor shall prohibit the use of the 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 contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.6.2 Lock Combinations: The contractor shall establish and implement methods of ensuring that no lock combinations are 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 QCP.

1.4.7 Special Qualifications: The Contractor shall obtain a license from the WV Secretary of the Department of Health and Human Resources (DHHR) that allows the Contractor to operate a child care center in accordance with (IAW) the terms and conditions of the license and Title 78 Legislative Rule, DHHR Bureau for Children and Families, Series 1, Child Care Center Licensing (78CSR1). IAW 78CSR1, the Contractor shall ensure that within 6 months of employment, all staff members complete training in cardiopulmonary resuscitation (CPR)raining that is appropriate to the age of children in care receive current first aid training. The Contractor shall ensure that all employees are trained in child abuse recognition and prevention. Contractor shall ensure that all employees at the CDC receive training in medication administration prior to administering medication to children at the CDC.The Contractor shall complete the requirements and assessments to become certified by the National Association for the Education of Youth Children (NAEYC).

NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed. The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Contractor Travel: The contractor shall travel during the performance of this contract to attend meetings. The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires COR recommendation for approval and/or authorization by the KO prior to travel arrangements being made.

1.4.13 Data Rights: The Government has unlimited rights to all documents/materials 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 KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

1.4.15 Phase In / Phase Out Periods: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board, during the 30 days phase in/ phase out periods. During the phase in period, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 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.

2.1.2 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: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will 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.

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

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AA Associate of Arts Degree ACSIM Assistant Chief of Staff for Installation Management AEI Army Enterprise Info structure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BA Bachelor of Arts BI Background Investigation BS Bachelors of Science CACFP Child and Adult Care Food Program CARAT Child Abuse Risk Assessment Tool CDA Child Development Associate CDC Child Development Center CDS Child Development Services

CDSC Child Development Services Coordinator CM Contract Manager CMRA Contractor Manpower Reporting Application CNACI Child Care National Agency Check COR Contracting Officer Representative CPR Cardiopulmonary Resuscitation CYS Child and Youth Services CYSE Child and Youth Services Evaluation CYMS Child and Youth Management System DA Department of the Army DAL Daily Attendance Log DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DHHR Department of Health and Human Resources DoD Department of Defense DoDI Department of Defense Instruction DOL Department of Labor DPW Department of Public Works ECERS Early Childhood Environment Rating Scale FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IAW In Accordance With IDP Individual Development Plan IMCOM United States Army Installation Management Command IS Information System(s) ITERS Infant Toddler Environment Rating Scale KO Contracting Officer LOSS Line of Sight Supervision MACOM Major Command MEDCOM U.S. Army Medical Command MEDDAC U.S. Army Medical Department Activity MWR Morale, Welfare, and Recreation MIAT Multidisciplinary Inclusion Action Team NAEYC National Association for the Education of Young Children NFPA National Fire Protection Association NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance

QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SAS School-Aged Services SOP Standard Operating Procedure SPS Supplemental Programs and Services SSN Social Security Number SY School Year TACS Training and Curriculum Specialist TAG The Adjutant General TB MED Technical Bulletins Medical TE Technical Exhibit TFI Total Family Income USDA U.S. Department of Agriculture USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government’s decision for the purpose of the Child Development Center(CDC) that all inherent property will be provided to the contractor to ensure compliance with all safety regulations for the operation of the CDC. For individuals working full time, the Government will furnish the Contractor with the following hardware in support of this contract: The government will provide the contractor with a work area, computer and access to the facility. Other necessary equipment is to be furnished as required, if determined by the Government as necessary to accomplish the tasks. To ensure no loss and neglect to the government inventory, inspection of property will be conducted annually . Furnishing government equipment is significant to meeting acquisition plan objectives due to property and furnishings must meet Federal, State and NAYEC accreditations and certifications to operate the program. The equipment is specifically children centric and age appropriate for all patrons.

3.2 Materials: N/A

3.3 Equipment: The Contractor will maintain an inventory list of all government provided equipment and furnishings and submit a current copy to the COR annually and upon request. The provider will notify the COR when government purchased equipment has been received or no longer needed. Note: See Technical Exhibit 4 for Government furnished equipment.

3.4 Services: N/A

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The Contractor shall adhere to the following requirements in the Child Development Services Program.

5.1 Accreditation and Regulations: The Contractor shall read and comply with Army Regulation (AR) 608-10, West Virginia 78CSR1, and NAEYC Early Learning Program Accreditation Standards and Assessment Items. The Contractor must obtain WV State licensing and NAEYC accreditation for the life of this contract. The Contractor shall sign a statement of understanding, showing that these regulations have been read and understood, and obtaining or maintaining accreditations, and DoD Certificate to Operate are a requirement, this signed statement of understanding is given to the COR within 1 day of contract award. The Contractor shall adhere to the most stringent regulation of the three, AR 608-10, 78CSR1, and NAEYC. Note: These regulations change over time, and the Contractor shall adhere to the most up to date regulations and any Army Directives that change regulations or policies.

5.1.1 Inspections and Certification: The Contractor shall comply with the inspection process by utilizing the inspection tools, allowing inspection teams to have access to all necessary program locations, files and records, maintaining an ongoing corrective action plan, and meeting the requirements set forth in each type of inspection IAW United States Army Installation Management Command (IMCOM), AR 608-10, West Virginia State Licensing, and agents, and NAEYC accreditation team.

5.1.2 Standing operating procedures: The Contractor shall develop SOPs IAW AR 608-

10. The SOPs must be developed within 30 days of contract award, and must be approved by the COR. Note: SOPs are a living document, meaning that they are updated as changes happen, and as needed.

5.2 Patrons: The Contractor shall give priority for available child care services to employees of the WVNG. Per the conditions of 40 U.S.C. 590, Federal employees will be given priority placement for all available spaces and at least 50% of the children enrolled in the center are to be children or dependents of Federal employees. If this requirement is not met a plan must be put into effect to increase Federal enrollment.

Remaining enrollment may be open to the general public.

5.2.1 Patron Files: The Contractor shall ensure children’s files and documentation, are reviewed and updated by parents every three months. The Contractor shall provide documentation to the COR when reviews and updates are completed, with a list of which children’s files have been updated or reviewed.

5.3 Child Abuse Prevention: The Contractor shall provide comprehensive child abuse prevention programs in order to prevent child abuse in any child setting. The Contractor shall include specific training requirements for all staff to promote early identification of abuse, and identify reporting and procedures IAW West Virginia State Code WV Code §49-2-803. Persons Mandated to Report Suspected Abuse and Neglect. The Contractor shall publicize in the CDC the child abuse reporting procedures and the DoD Safety/Child Abuse Hotline procedure and phone number. The Contractor shall report allegations of child abuse immediately to the COR or in their absence to the State Family Program Director.

5.4 Reporting of Serious Incidents: The Contractor shall give verbal notification to the COR as soon as a serious incident occurs, and written reports will be completed and given to the COR within 1 hour of the incident. The Contractor shall maintain records of all serious incidents, child and staff accidents that result in pain, if it involves blood, life, limb or eyesight, or if any property, materials, supplies, and equipment is damaged.

5.4.1 Reports and Procedures: The Contractor shall comply with monthly, quarterly and annual reporting procedures IAW IMCOM, and Army Regulations and will utilize Child and Youth Management System (CYMS) for collecting annual report data. The Contractor shall develop and maintain a system that provides statistical information regarding Child and Youth Services requests, services provided by the Child Youth Services (CYS) Program, and demographic information about sponsors and CYS providers, as requested by the COR. The Contractor shall cooperate with the COR, or designee, to provide ad hoc reports on an as needed basis.

5.5 Fire and Safety: The Contractor shall maintain safety and health standards consistent with all applicable Federal and State safety regulations. The Contractor shall ensure that all programs comply with all applicable fire and safety regulations in AR 608-10. All fire and safety records and administrative procedures for children and personnel shall demonstrate compliance with AR 608-10, Life Safety Codes, and National Consumer Product Safety Commission Standards. The Contractor shall develop and implement evacuation plans for everyone that may be in the building.

5.5.1 Insurance and Vehicle Insurance: The Contractor shall purchase, maintain and provide evidence of insurance to the KO in accordance with Contract Clause 52.228-10, Vehicular and General Public Liability Insurance. The Contractor shall ensure all employees maintain vehicle liability insurance and understands the Contractor is liable for any non-insured employee’s vehicle while on Government property. The Contractor shall maintain proof of vehicle insurance for vehicles rented, leased or contracted for that are used to transport children. The required type and minimum amounts are indicated in the above referenced contract clause.

5.5.2 Transportation and Emergency Evacuation: The Contractor shall obtain approval for field trips through the COR 5 days prior to travel and signed permission slips from parents; the Contractor shall provide transportation to the field trip location. The Contractor shall establish and implement plans for evacuation with children in the event the base and/or the facility is required to evacuate, a safety approved transportation method shall be used, this plan will be given to the COR for approval within the first 5 days of contract award. The Contractor will ensure Motor Vehicle driving records are maintained for all staff who transport children.

5.6 Health and Sanitation: The Contractor shall ensure that all programs and facilities comply with all health and sanitation requirements IAW AR 608-10 and Technical Bulletin Medical 530. The Contractor shall establish policies and procedures for basic sanitation and infection control. The Contractor shall ensure a hygienically clean, safe, and attractive environment for children and families. The Contractor’s employees shall have their flu shots, with documentation, prior to the flu season, every year for the life of this contract. Note: Flu shots are not provided by the Government.

5.6.1 Laundry: The Contractor shall provide all laundry services and supplies necessary to meet the requirements of the facility. Laundry facilities (washer and dryer) are located on the premises.

5.6.2 Food and Nutrition: The Contractor shall provide to children nutritious snacks and meals that meet the nutritional and educational standards of the United States Department of Agriculture (USDA) Child and Adult Care Food Program (CACFP) and contribute to the overall educational and social goals of child development programs.

The Contractor shall provide seasonal cyclical menus that shall be approved by a dietitian. The Contractor shall have at the minimum 50% of employees certified in food handling by an accredited source, within 30 days of contract award, a copy of the certifications will be given to the COR. This requirement will be for the life of this contract. The Contractor shall provide invoices and receipts for food and food items purchased and a total of meals severed to each person, by breakfast, snack, and lunch daily. The Contractor shall maintain all meal and attendance data required, and time severed by the USDA CACFP and AR 608-10; this data shall be entered into the CYMS program and made available to the COR by the 5th day of each month. Infant meal components and quantities will be based on the meal pattern requirements for infants specified in the USDA CACFP unless otherwise recommended in writing by the child's physician. Menus shall be pre-planned in cycles and approved by a licensed dietitian.

Dated menus shall be posted in the lobby and in the child activity rooms where they can be viewed by parents. Menus shall be kept on file for three years for auditing purposes.

5.6.3 Employee Annual Health Assessments: The Contractor’s employees shall be required by regulation and policy to meet employment standards. It is the responsibility of the Contractor to comply with this requirement at the Contractor’s expense. Annual Health Assessments must be recorded and tracked in CYMS.

5.7 Contractor Manpower Reporting Application (CMRA):

5.7.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the West Virginia National Guard via a secure data collection site.

5.7.1.1 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall 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 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil.

5.8 Training Plans and Records

5.8.1 Conferences and Training: The Contractor shall participate in conferences or trainings that will benefit child development services and the facility. The Contractor shall include the COR when planning to attend these conferences and trainings, with approval to attend by the COR. The Contractor shall be liable for the travel arrangements and all training expenses.

5.8.2 Staff Training: The Contractor shall ensure all staff complete orientation and annual training required. The Contractor will provide all training certificates, documentation of completed training. The Contractor will provide the COR with a detailed list on all staff, including a by name roster that shows the date individual training was completed as well as the expiration date for training. The Contractor will provide the roster to the COR by the 5th day of each month.

5.8.3 Staff Credentialing: The Contractor shall ensure that all personnel receive training and display the competence needed to operate a quality childcare program.

5.8.4 Master Roster: The Contractor shall provide a Master Roster of enrolled children and current staff to the COR by the 5th day of each month.