Attachment 1 - NGB J1 SAPR PWS DRAFT.docx

Attachment 1

PERFORMANCE WORK STATEMENT (PWS)

for

Sexual Assault Prevention and Response (SAPR) Management Support Services Dated February 2022

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 SAPR Management, Training, and Data Support Services, as defined in this PWS.

1.1.1 Objective: The National Guard’s SAPR Office (NG-J1-SAPR) is in need of non-personal services to provide Sexual Assault Prevention and Response (SAPR) with: (1) Program Policy Analysis; (2) SAPR Program Training; (3) Data Analysis services, and (4) Prevention Strategic Integrator.

1.2 Background: The National Guard Bureau (NGBSAPR’s vision is to be, “Relevant, reliable, ready, and accessible.” The SAPR mission states: “The National Guard Bureau is committed to eliminating incidents of sexual assault by instituting a comprehensive policy that focuses on increasing awareness through prevention and education, victim centered support, intimidation free reporting, thorough investigation, and accountability for those who commit sexual crimes.” Additional supportive information is available on the NGB SAPR Website at http://www.nationalguard.mil/Leadership/Joint-Staff/J-1/SAPR/ and the Department of Defense (DoD) Website at http://www.sapr.mil/. Department of Defense Directive (DoDD) 6495.01 requires all military services to provide standardized training for military victim advocates.

In 2012, the National Defense Authorization Act (NDAA) public law mandated all military sexual assault Victim Advocates (VAs) and Sexual Assault Response Coordinators (SARCs) be certified through the Defense Sexual Assault Advocate Certification Program (D-SAACP). Additionally in 2014, the Secretary of Defense mandated specific measures be instituted for tracking metrics along the Joint Chiefs of Staff’s Five Lines of Effort (LOE): (1) Prevention; (2) Investigation; (3) Accountability; (4) Advocacy; and (5) Assessment. There is an increased emphasis at the Department of Defense (DoD) level for collection and tracking of data to analyze trends from metrics. The Government shall not exercise any control over the contractor employees performing the services herein. Such contractor employees shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.3 Period of Performance (PoP): The Period of Performance shall be a 9-month base with 2- six-month option, and a six-month extension in accordance with (IAW) Federal Acquisition Regulation (FAR) 52.217-8: Option to Extend Services.

1.4 General Information:

1.4.1 Place and Performance of Services: Contractor personnel shall work on or off-site at forecasted working hours and days (to include telecommuting (see Section 1.4.1.1 below). As described in Section 3.0 below, the Government will provide necessary workspace during business hours. Due to the highly sensitive nature of the SAPR Program, the office location at Template Army Readiness Center (TARC) are only assessable between the hours of 6:00 A.M. and 6:00 P.M. Eastern Standard Time (EST), Monday through Friday. The Government’s “normal business hours” are between the hours of 7:30 a.m. and 4:30 p.m. EST, with “Core Hours” between 8:00 a.m. and 3:00 p.m. EST, Monday through Friday; except on recognized United States (U.S.) holidays, or when the Government facility is closed due to local or national emergencies, the Contractor shall plan accordingly in preparing their proposal and thereafter working to provide the services set forth in this PWS. 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. The Contractor will not be provided parking at the TARC location, unless an exception is granted (e.g. handicap parking, ridesharing). Public transportation, “Slug-lines,” and the NGB Shuttle is available to and from the TARC.

1.4.1.1 Telework: The Government may require/permit telework by contractor employees when determined to be in the best interest of the Government in meeting work requirements. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government’s mission-critical operations stay operational during times of national emergency or incidents of national significance. A telework plan detailing how mission will be accomplished remotely must be submitted to the Contracting Officer’s Representative (COR) for review and approval 15 calendar days prior to commencement of telework. [P1] Telework shall be at no additional cost to the Government. Contractors will be required to submit a completed DD Form 2946, Telework Agreement, and a certificate of training for telework fundamentals to the COR as well as follow the telework rotation schedule.

1.4.1.2 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.

1.4.1.3 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 from Government property or revoke access to Government systems 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.

1.4.2 Recognized Holidays: The Contractor shall not perform services on recognized U.S. holidays. All recognized holidays can be found at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. Most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday (Saturday through Sunday) the holiday usually observed on Monday (if the holiday falls on a Sunday) or Friday (if the holiday falls on Saturday). The Contractor shall be responsible for knowing when Federal holidays are recognized as this may affect the status of Federal facilities and contractor access to such facilities.

1.4.3 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’s Representative (COR) no later than (NLT) ten 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.

1.4.4 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 IAW 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).

1.4.5 Installation Access and 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 DoD, Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). 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. Before CAC issuance, the Contractor employee requires, at a minimum, a favorably adjudicated Tier 3 or an equivalent or higher investigation in accordance with Army Directive (AD) 2014-05. The Contractor employee will be issued a CAC only if duties involve one of the following: (1) both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six-months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the Federal Bureau of Investigation (FBI) fingerprint check and a successfully scheduled Tier 3 investigation at the Office of Personnel Management (OPM). 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 Homeland Security Presidential Directive (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 and the OF306 – Declaration for Federal Employment Form, at the earliest possible date. Should the Contractor require these forms, they will inform the COR at the earliest possible date after award. The COR will review the form for completeness and accuracy and forward it to the 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 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 a Corporate 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).

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 Contractor personnel shall obtain a CAC from the nearest RAPIDS Issuing Facility: At the RAPIDS station, the RAPIDS Verification Officer will verify the contractor employee by Social Security Number (SSN) and two forms of identification. Identity source documents must come from the list of acceptable documents included in Form I-9, Office of Budget Management (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 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 ten calendar days advance notice to the TA, unless there are extenuating circumstances approved by the COR or KO.

1.4.5.1.5 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.

1.4.5.1.5.1 Failure to comply with these requirements may result in withholding of final payment.

1.4.5.1.6 The Contractor shall obtain an Army.Mil email address for each applicant, including subcontractors, who may be deployed or require logical access to a Government computer network.

1.4.5.2 Reserved

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training 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 by each employee or subcontractor personnel.

1.4.5.4 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 (training standards provided by the requiring activity Antiterrorism Officer (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 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.

1.4.5.5 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.

1.4.5.6 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 Infostructure (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:

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

1.4.5.6.2 Complete initial and/or annual Information Assurance (IA) training as defined in the IA Best Business Practices (BBP) training per DFARS 239.7103.

1.4.5.6.3 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.

1.4.5.6.4 Protect IS and IS peripherals located in their respective areas IAW physical security and data protection requirements.

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

1.4.5.7 Training

1.4.5.7.1 Army Training Certification Tracking System (ATCTS): All contractor employees with access to a Government information system shall be registered in 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://iatraining.us.army.mil/).

1.4.5.7.2 Advanced Distributed Learning Service (ADLS): All contractor employees and associated sub-contractor employees assigned to work on a Government site and/or requiring access to a DoD network will be required to register with ADLS at commencement of services in order to complete the necessary training required of them initially and annually for the duration of the contract (i.e., DoD IAA CyberAwareness, Protecting Sensitive Information, Force Protection, etc.).

1.4.5.8 Information Assurance (IA) Training: All contractor employees and associated subcontractor employees shall complete the DoD IA Awareness Training before issuance of network access and annually thereafter per DFARS 239.7103.

1.4.5.9 Information Assurance (IA)/Information Technology (IT) certification: 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 or appointment to IA/IT functions. In accordance with DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2, contractor employees supporting or performing IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award.

1.4.5.10 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.

1.4.5.11 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.

1.4.5.12 OPSEC Standard Operating Procedure (SOP)/Plan: The contractor shall develop an OPSEC 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.

1.4.5.13 Access to Classified Information: Reserved

1.4.5.14 Reserved Threat Awareness and Reporting Program (TARP). Per AR 381-12, Threat Awareness and Reporting Program, 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 within 15 days of training completion.

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. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall include procedures covering key control in the QCP.

1.4.6.1.1 The Contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.

1.4.6.1.2 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.

1.4.6.1.3 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 Reserved

1.4.7 Special Qualifications: The Contractor personnel shall be able to pass the National Agency with Inquiries (NACI) background check and obtain and maintain a CAC. The Contractor shall also complete all necessary requirements to obtain Defense Sexual Assault Incident Database (DSAID) access, as needed by position. This would include: (1) Approved training certificate from the services training, which could include the Office of Victims of Crime Training and Technical Assistance Center (OVC-TTAC) online course. (2) DSAID Online Training on JKO DSAID Basic Online Training (JKO-US1244), DSAID Online Training for Sexual Assault Response Coordinators (SARCs) (JKO-US1245), DSAID Online Training for Service SAPR Program Managers (JKO-US1246), (3) Annual IA Training and Awareness Certificate and (4) DD Form 2875. This will be submitted to COR as a completed packet.

1.4.8 Post Award Conference / Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO IAW FAR Subpart 42.5, Postaward Orientation. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor’s performance, and the Contractor shall apprise the Government of problems, if any, being experiences. 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, (or the KO if a COR is not assigned), 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.

1.4.10.1 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, Combating Trafficking in Persons.

1.4.12 Contractor Travel: The Contractor may be required to travel to off-site training locations during the performance of this contract.

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/COR prior to travel arrangements being made.

The Contractor may be required to travel to off-site training locations and to ship training aids to these locations in the performance of this contract. The cost of shipping training aids shall be borne by the Government. The Contractor will be reimbursed for the costs of shipping training aids in accordance with the JTR and limitation of funds in this contract.

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, Organizational and Consultant Conflicts of Interest. 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's 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 Performance Work Statement.

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 Key Personnel listed in 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 assure 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.

2.1.12 Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 Work Week: Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

DODI Department of Defense Instruction

GKN Guard Knowledge Network IA Information Assurance IAW In Accordance With

JTR Joint Travel Regulation KO Contracting Officer NACI National Agency with Inquiries

OVC-TTAC Office of Victims of Crime Training and Technical Assistance Center

SAAV Site Assisted Visit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide, incidental to services being provided, the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include desk space, , computers, and other items necessary to maintain an office environment.

3.2 Materials: Not Applicable

3.3 Equipment: The Government will furnish laptops, laptop power cords. The Government will provide laptop cameras on an as-needed basis. Portable wi-fi connection will only be provided on an as-needed basis, dependent upon NGB SAPR or NGB WRF Division Chief approval.

3.3.1 Additional Equipment: The COR may authorize the Contractor to use the provided equipment and furnishings as well as additional furnishings and equipment of a similar type if required. Any such additional acquisitions shall be requested by the Contractor and shall be approved in writing by the KO prior to purchase or rental of such furnishings and/or equipment. At the discretion of the COR, any such furnishings and/or equipment may be withdrawn at any time. The Government will provide necessary periodic cleaning of floors, windows, furnishings and fixtures necessary to conform to applicable health, safety and sanitary requirements.

3.3.2 Contractor Equipment: Following the prior written approval of the COR, the Contractor may use its own items at no cost or liability to the Government for maintenance, service, repair and/or replacement provided the use of such equipment does not require additional, or result in overloading of existing utility resources. All such equipment shall conform to accepted safety standards.

3.3.3 Damaged Equipment: The Contractor shall assume both the responsibility and liability for loss or damage of equipment and/or facilities provided by the Government if the damage or loss is caused by other than normal operating usage or is attributable to negligence of Contractor’s employees and/or agents.

3.4 Services: Not Applicable.

3.5 Utilities: All utilities in the Government facility will be available for the Contractor’s use in the performance of this contract. The Contractor shall instruct employees in utilities conversation practices. The Contractor shall operate under conditions that preclude 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.

4.2 Secret Facility Clearance: None

5.0 Requirements: The tasks and deliverables in this section support the NGB Sexual Assault Prevention and Response Office (SAPRO) to meet regulatory requirements of the White House, Congress, Secretary of Defense, the Joint Chiefs of Staff, Secretaries of the Army and Air Force, and other offices within the DoD on matters related to sexual assault. Most of the tasks in this section require strict adherence to Department of Defense Directive 6495.01, Department of Defense Instruction (DODI) 6495.02, 1342.22, 6490.16, 6400.06, 6400.07, 1020.03, 6400.09, 6400.11, 1020.04, 6400.06, Chief of The National Guard Bureau Instruction 1300.01, Chief of the National Guard Bureau Manual entitled Sexual Assault Prevention and Response (SAPR) Program Procedures (SAPR DODI). DoDI 1020.03, Harassment Prevention and Response in the Armed Forces DoDI 1020.03, Harassment Prevention and Response in the Armed Forces DoDI 6495.01, Sexual Assault Prevention and Response (SAPR) Program DoDI 6495.02, Volume 1 Sexual Assault Prevention and Response (SAPR) Program Procedures DoDI 6495.02, Volume 2, Sexual Assault Prevention and Response: Education and Training DOD INSTRUCTION 6495.02, VOLUME 3 SEXUAL ASSAULT PREVENTION AND RESPONSE: RETALIATION RESPONSE FOR ADULT SEXUAL ASSAULT CASES CNGBI 1300.01 National Guard SAPR Program 26 June 2020 CNGBM 1300.04 Expedited Transfer 18 Nov 2022 CNGBM 1300.02 National Guard Sexual Assault Incident Notification and Reporting Requirements 19 Jan 2023 CNGBM 1300.01 DSAACP 1 Nov 2022 CNGBI 400.01B NGB OCI 12 April 2018 CNGBM 400.01A NG CAIP 16 May 2018 CNGBI 401.01A SVC 09 Sept 2020 CNGBM 1300.03A Retaliation 26 Aug 2020 NGB DTM 1300.00 Safe To Report Policy for NG Service Members NGB DTM 1300.01 Limited SAPR Services for SH Complainants 29 Nov 2022 NGB DTM 1300.02 NG Use of DD3114 17 Oct 2022 NGB DTM 1300.03 No Wrong Door Warm Hand Off Policy 29 Nov 2022

Any document listed in this section that changes due to a change in law, regulation, or policy will be considered in-scope of this PWS and may be subject to a modification through the KO. Any documents under this section requiring an administrative change (e.g. change of name, format) that does not required any additional work shall be approved by the KO via email.

5.1 Due to the highly sensitive material the Contractors may have access to, it is imperative the Contractor provides strict compliance and guidance regarding release of information mandates. Furthermore, all Contractor employees shall be required to sign and provide a Standard Form 312, Classified Information Nondisclosure Agreement to the COR prior to beginning work. A fillable Adobe Acrobat copy of the Standard Form 312 may be downloaded at http://www.gsa.gov/portal/getFormFormatPortalData.action?mediaId=65765. The Contractor shall be credentialed through the National Organization for Victim Assistance (NOVA) National Advocate Credentialing Program (NACP) (see http://www.trynova.org/help-crime- victim/nacp/). The Contractor shall submit to a POST-MR Screening.

5.2 The Contractor shall create a Monthly Progress Report (MPR). The Contractor’s sample of the report shall be submitted to the COR and Contracting Officer for review and approval at the Post-Award meeting. The MPR shall be submitted to the COR via email by the 28th calendar day of each Month. The Contractor shall create and provide a Year-End Roll-up Report of submitted data/information to the COR via email within five calendar days prior to the end of the PoP.

5.3 Due to the high volume of draft documents, information, and reports submitted under this contract, the Contractor shall ensure all work products adhere to the writing style set forth in the guidance provided on the NGB publication website: https://www.ngbpmc.ng.mil/Publications1/. The Government will assess the quality level of each provided document required throughout Section 5.0. The quality level for each document will receive a rating based on the matrix table below. At the end of each month, the ratings will be averaged to produce the Monthly Performance Report. The Government will email the Contractor a copy of the Monthly Performance Report. At the end of each period of performance, the COR will average the monthly ratings to provide the overall rating (see Technical Exhibit 1, Performance Requirements Summary). The Contractor will document the error(s) they received and provide an update in the MPR.

Performance Standards Matrix

(Acceptable Quality Level) Very Good (Performance Standard) Exceptional

5 and higher missed suspense or incomplete products 4 found missed suspense or incomplete products

3 found missed suspense or incomplete products

The Contractor shall provide a SAPR Initiatives Update Information Paper as requested by the government comparing SAPR initiatives, to changing and new emerging laws; DOD, Army, Air Force, and National Guard regulations and policy. The Contractor shall adhere to NGB publication writing guidelines, policies and manuals are located on the NGB publication website; https://www.ngbpmc.ng.mil/Publications1/ The Contractor shall ensure the Monthly SAPR Initiatives Update Information Paper addresses: (1) current initiatives; (2) new emerging initiatives and information; (3) strategical analysis on their effect on the NGB SAPR Program with supporting rationale; and (4) State the issues and regulations that require review (and by whom) and the path forward for each of the documents. The Contractor shall post on NGB SAPR secured drives in the established format SAPR Initiatives Update Information Paper NLT 15 working days after receiving the request.

5.4 The Contractor shall provide the Weekly SAPR Program Update Tracker (Tracker). The Tracker shall provide, at a minimum, the following for each branch update: (1) Director/Chief Items of Interest; (2) Internal Staff Initiatives/Challenges; (3) Short Term Actions (Week to 30 days); (4) Planning Priorities/Action Long Term (30 – 90 days). The Contractor shall complete a weekly tracker and post on NGB SAPR secured drives, by 0800 EST each Monday.

5.5 The Contractor shall provide, by request, a Draft NGB SAPR SOP for the NGB SAPR Program processes, to include NGB J1 S internal guides and SOPs for NG field procedures. The SOP shall detail how the NGB SAPR Program is updated and maintained for ease of personnel turnover and as good business practice for NGB SAPR personnel. The SOP shall specially address any topic covered in this PWS requested by the government. The Contractor shall post draft NGB SAPR SOP updates to NGB SAPR secured drives, for SAPR Senior Leadership approval after each procedure section is completed NLT 30 days after requested by the Government. The Contractor shall draft the SOP in accordance with Chief National Guard Bureau Instruction (CNGBI) 5000.01B. After SAPR Senior Leader approval, the Contractor shall provide updates/changes/improvements to the SOP annually, or as needed/requested. This SOP will utilize all current NGB templates in accordance with NGB Guidance.

5.6 Reserved

5.7 The Contractor shall update maintain an SAPR Full-time Employee Database/POC list of all NGB and state SAPR POCs (JFHQ, BDE, WING) on current Government Secured Drive/Site and/orGKNsite. The SAPR Full-time POC List shall be updated monthly. The SAPR Full-time POC List shall document at a minimum, the following:

(1) name

(2) position

(3) email

(4) state the SARC represents

(5) D-SAACP certification

(6) D-SAACP expiration date

(7) When the D-SAACP expiration date is less than 90 days, the Contractor shall annotate the roster, indicating when the expiration date is 90, 60, 30 days out and notify the Region Lead

(8) Notify the Region Lead if the D-SAACP application is marked “Incomplete”

(9) Other items as requested by government

10) If a position is vacant, indicate the date the position became vacant. In order to complete this task, the Contractor shall conduct a monthly data call to the Army National Guard (ARNG) and Air National Guard (ANG) SAPR Programs, and pull D-SAACP information from the most current list provided by NOVA.

The Contractor shall update the SAPR Full-time POC list NLT the 30th of each month.

5.8 The Contractor shall provide a Draft D-SAACP Certified SAPR Personnel Year-End Report documenting, at minimum, the following: (1) how many personnel, full time and collateral duty, were newly trained; (2) how many personnel received refresher training; and (3) how many personnel have maintained their D-SAACP certification by the National Guard component and (4) how many collateral duty D-SAACP personnel deployed. The Draft D-SCAACP Certified SAPR Personnel Year- End Report shall be provided to government, for the NGB SAPRO Fiscal Year Report to Congress, before the first of November each year.

5.9 The Contractor shall maintain and monitor the D-SAACP Waiver Request Tracker and waiver requests…