Combined_Synopsis_Solicitation_W91ZLK-19-P-0111.pdf

COMBINED SYNOPSIS/SOLICITATION

W91ZLK-19-Q-0111

Tableau Software Training

This combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2019-03. The solicitation number for this request for proposal (RFP) is W91ZLK-19-Q-0111 for a 12 month period.

This requirement is under the associated North American Industry Classification System

(NAICS) Code 541519, Other Computer Related Services, and the Small Business Size Standard

$27.5M. The Government contemplates award of a Firm-Fixed Price in accordance with FAR

13.5, Simplified Procedures for Certain Commercial Items. This procurement will be evaluated as the lowest price technically acceptable, for the procurement of the following services/ materials.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to complete the

Tableau Software Training as defined in this Performance Work Statement except for those items specified as government furnished property and services.

52.212-1 Instruction to Offerors Commercial Items

This clause applies in its entirety and there are currently no addenda to the provision.

ALL PRICE QUOTES SHALL BE SUBMITTED VIA EMAIL WITH THE SUBJECT

LINE:

W91ZLK-19- Q-0111 Price Quote.

Proposal Format:

52.212-2, Evaluation Commercial Items

The contract will be awarded to the Lowest Price Technically Acceptable (LPTA) offeror.

The technical evaluation will be a determination based on information furnished by the vendor in the submitted proposals. The Government is not responsible for locating or securing any information which is not identified in the offer. The Government reserves the right to make an award without discussions.

52.212-3 Offeror Representations and Certifications -- Commercial Items.

All quotations from responsible sources will be fully considered. Vendors, who are not registered in the System for Award Management (SAM), prior to award, will not be considered.

Vendors may register with SAM by going to www.sam.gov.

52.212-4 Contract Terms and Conditions Commercial Items

This clause applies in its entirety and there are currently no addenda to the provision.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items.

This clause applies, and the following clauses are incorporated by reference.

The following provisions and clauses will be incorporated by reference, and the full text of the references may be accessed electronically at this address: http://farsite.hill.af.mil:

52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (July 2013) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July

2013) (41 U.S.C. 2313).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

(section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C.

632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

http://www.sam.gov/ http://farsite.hill.af.mil/

52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O. 13513).

52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013)

(31 U.S.C. 3332).

52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41

U.S.C. 351, et seq.).

52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph

(e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

All questions must be submitted via email to Peggy.Y.Pennie.civ@mail.mil by 13 Aug 2019, 10:00 a.m. EST. SUBJECT LINE: W91ZLK-19- Q-0111. Questions from (INSERT

COMPANY NAME). All questions will be answered with an email response.

Quotes must be dated, and received by 23 Aug 2019, 10:00 a.m. EST via email to

Peggy.Y.Pennie.civ@mail.mil mailto:Peggy.Y.Pennie.civ@mail.mil mailto:Peggy.Y.Pennie.civ@mail.mil

PERFORMANCE WORK STATEMENT (PWS)

Title: Tableau Software Training

Requiring Activity Name: U.S. Army Public Health Center (APHC)

1. INTRODUCTION

The U.S. Army Public Health Center (APHC) is part of the U.S. Army Medical Command (MEDCOM) and focuses on epidemiology, laboratory sciences, occupational and environmental health sciences, public health information and toxicology to enhance Army readiness and assure the quality and effectiveness of Army’s Public

Health Enterprise. Ensuring high-quality services is an imperative of the MEDCOM as it strives to become a high-reliability organization (HRO). The Product Management Office (PDM) executes complex, Center level initiatives, products, programs, and projects to synchronize and integrate efforts across the APHC.

2. PURPOSE AND BACKGROUND

The mission of the APHC is to “Enhance Army readiness by identifying and assessing current and emerging health threats; developing and communicating public health solutions; and assuring the quality and effectiveness of the army’s public health enterprise.” The PDM enables the APHC to effectively and efficiently forecast, plan, synchronize, and execute strategic Army public health missions. Various tools and software are used by the PDM office. Tableau is the data visualization engines behind CarePoint. CarePoint is the DHA solution for hosting metrics. APHC uses Tableau and CarePoint to generate and host metrics for Health of the Force, Veterinary

Services, and an expanding suite of public health domains within the Center and PH Enterprise. Based on DHA precedent, this will be an enterprise software solution for the foreseeable future. DHA manages the Tableau licenses and has granted licenses and CarePoint sites to APHC. This training is essential for APHC employees to understand the functionality of Tableau to ensure our public health products align with the Surgeon General’s intent in the

Army Medicine Campaign Plan 2018. Health of the Force is an example of one of those products and requires

Tableau for the data visualization.

3. SCOPE

The APHC is currently the lead for several Army and DoD wide products designed to increase Senior Army Leader knowledge of the health status and health needs of Soldiers through systematic examination and visualization of population health indicators. Tableau is a software that is currently used and will eventually become the DoD/DHA preferred solution. This contract includes training for 15 APHC individuals and the travel costs for the trainer.

4. PERIOD OF PERFORMANCE

The periods of performance for this contract are as follows:

Base period 23 Sep 2019 – 22 Sep 2020

5. WORK SCHEDULE AND LOCATION

5.1. Work Location

The work location for this requirement is on-site at APHC for three (3) days to conduct training. This will be held in a classroom with adequate light, appropriate temperature, and furniture conducive to classroom instruction.

6. PERFORMANCE REQUIREMENTS

6.1. Objectives

Objective 1– Contract shall provide Tableau specific training to 15 APHC employees on dates agreed to by contractor and APHC

Objective 2 – Contractor shall travel to APHC, Aberdeen Proving Ground to conduct training for three (3) days

Objective 3 – Contractor shall provide certificate of completion for each APHC employee who completes training

6.2. Specific Tasks / Requirements

Objective 1: Key Task 1 – Training must be provided by a qualified instructor

Objective 1: Key Task 2 – Contractor shall present full spectrum training based on best practices

Objective 1: Key Task 3 – Training course content must be approved by APHC, Product Management

Objective 2: Key Task 1 – Contractor will bring onsite all required materials, tools, supplies required to conduct training

Objective 2: Key Task 2 – Contractor will arrange his/her own travel to APHC in order to meet the dates of training

Objective 3: Key Task 1 – Contractor will provide certificates of completion for all 15 APHC employees who complete training

6.3 Contract Manpower Reporting Application (CMRA) (Deliverable 3). This is a mandatory requirement

IAW Army Federal Acquisition Regulation Supplement (AFARS) 5137.91, Accounting for Contract Services.

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

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/.

The contractor shall register under the "All Other Defense Components" module. The APHC Unit Identification

Code (UIC) is W23MWP.

7. DELIVERABLES

The contractor shall complete and submit deliverables in accordance with the “Deliverables Table” below. Unless specified in the PWS within the description of the deliverable, all deliverables will be made to the COR electronically.

DELIVERABLES TABLE

PWS Ref. Number Title/Description Due

10.4 1 OCI Certification

The Contractor shall complete the OCI

Certification at time of proposal submission.

2 Non-Disclosure Statement

The Contractor shall sign the Non-Disclosure

Statement and ensure that all staff including all employees, subcontractors, and consultants assigned to or performing under the contract, execute, sign, and adhere to the terms of the Non-Disclosure

Statement.

6.3 3

Contract Manpower Reporting Application - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil

All data shall be reported no later than October 31 of each calendar year

6.1 4 Training Provided and certificates granted On dates agreed upon

7.1. Reports and Documents

Reports and documents delivered by the contractor in the performance of this contract shall be considered

Technical Data. All documentation shall reflect the latest version of the work product or activity, unless specifically directed otherwise by the Government. All documentation shall be prepared in accordance with

(IAW) standard industry practices, ensuring electronically produced documents which reflect logical flow of material, tables of contents indexes and page numbering. Where applicable, the contractor’s attention is called to the availability of commercial, industry, federal, and military guides, instructions, and standards for many of the topics addressed in this PWS and under this contract.

7.2. Inspection and Acceptance

The COR delegated oversight of specific technical, functional and oversight responsiblities is responsible for inspection and acceptance of all services, incoming shipments, documents, and services.

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the performance standards contained in the Performance Work Statement and all terms and conditions of this order, including all modifications.

7.3. COR Information

TBD

8. PERFORMANCE REQUIREMENTS SUMMARY MATRIX

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the

Contractor’s performance in relation to performance objectives. The Government will finalize the QASP immediately following award, and the COR will provide a copy of the final QASP to the contractor. The QASP is a living document and may be updated by the Government as necessary.

The Government will use the following performance requirements to measure the performance of the contractor.

The contractor shall meet the Performance Objective(s) and Acceptable Quality Level(s) within the “Performance

Requirements Summary Matrix” (PRS Matrix).

PERFORMANCE REQUIREMENTS SUMMARY MATRIX

PWS

Ref.

Performance

Objective

Performance

Standard

Acceptable

Quality Level

Performance

Measurement

Incentive

1 10.8.4 iWATCH

Training -

Contractor shall provide iWATCH training to all personnel within

30 calendar days of contract award.

(Sum of all contractor personel who have completed iWATCH training within 30 calendar days of contract award) / (total number of

>90%

Review of

Training report from the contractor.

Past

Performance

PWS

Ref.

Performance

Objective

Performance

Standard

Acceptable

Quality Level

Performance

Measurement

Incentive contractor personnel supporting the contract)

2 12.10.2

Installation

Access -

Contractor shall follow installation access procedures.

Sum of all incidents in which contractor personnel did not follow installation access procedures

< 1 incident per month

Direct observation by

COR and installation security.

Past

Performance

3 11.2.2

Information

Assurance –

Contractor information assurance workforce personnel are trained in accordance with

DoD and Army policy

Number of calendar days after contract award in which the contractor submits training certifications for all personnel requirement information assurance training

< 30 calendar days

COR receipt of all certifications

Past

Performance

8. TRAVEL/TEMPORY DUTY (TDY)

The COR is the CONUS travel order approval authority as designated in writing by the KO. All CONUS travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR and is on a strictly cost reimbursable basis. The Contractor shall be authorized travel expenses consistent with the substantive provisions of the JTR and the limitation of funds specified in this contract. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs, subject to local policy and procedures.

8.1. Travel Arrangements

Arrangements for and costs of all travel, transportation, meals, lodging, and incidentals are the responsibility of the Contractor. The Contractor shall remain current on applicable regulations, policies, and procedures that may impact processes for travel and modify their processes accordingly. No later than 30 calendar days prior to scheduled CONUS travel date, the Contractor will prepare the estimate in an official memorandum format. The estimate shall include airline ticket costs, car rental, per diem, registration fees and any other allowable costs associated with the travel request. All travel and transportation shall utilize commercial sources and carriers provided the method used for the appropriate geographical area that results in reasonable charges to the government. The Government will not pay for economy plus, business class or first-class travel. The COR will provide the Contractor a signed approval of Government Contractor Official Travel Letter of Identification before the Contractor is authorized to travel either CONUS or OCONUS. Estimated travel is indicated below:

Period From To Round Trip

(Y/N)

# of

Trips

# of

People

# of

Days

Base TBD APG, MD Y 1 1 3

8.2. Travel Claim Procedures, Approval, and Reimbursement

Travel shall be reimbursed after the KO has determined fair and reasonable cost reimbursement IAW the JTR and FAR Part 31.205-46. The Contractor shall submit an estimate for travel to COR no later than 30 calendar days prior to the first day of travel; in order for the Contractor to obtain economical travel arrangement and cost.

The contractor shall provide a Trip Report (Deliverable 24) following each trip.

The COR will verify the travel receipts are valid and match the travel requirements identified in the PWS. The

Contractor shall provide a trip report to include costs associated with the travel to the COR within ten (10) calendar days after the completion of travel trip. All travel costs shall be billed within 30 days after travel is complete unless an approval for later billing is approved by COR or KO. All travel cost reimbursement requests must detail all authorized expenses associated with the travel and all receipts including ticket stubs (booked airline, hotel receipts, etc.) shall be provided to substantiate claims for costs of all expense items in excess of

$75.00.

8.2.1. TRAINING LINKS

Anti-Terrorism Level 1-https://atlevel1.dtic.mil/at/.

SERE 100 -https://jko.ifcom.mil

PRO-File –https://prmsglobal.prms.af.mil/prmsconv/profile/survey/survey.aspx

Human Rights -https://www.americasnet.org.

9. COMPLIANCE DOCUMENTS

9.1. General Compliance

9.1.1. Federal Law

The services provided under this contract must be conducted in accordance with all Federal law, Department of Defense (DOD), Department of the Army (DA) and Medical Command (MEDCOM) laws and command laws, regulations, policies, and procedures that govern the conduct of regulated research.

Federal regulations governing regulations for human subject’s protection are found in 45 CFR 46. The

International Convention on Harmonization Guidelines for Good Clinical Practice is the standard governing the conduct of research trials. References for military regulations and policies governing regulated research may be found at https://mrmc.amedd.army.mil/rodorphrpo.asp.

9.1.2. DoD Compliance Documents

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

a) Army Regulation 340-21, Army Privacy Program.

http://www.army.mil/usapa/epubs/340_Series_Collection_1.html

b) Army Regulation 25-2, Information Assurance.

c) Title 21, CFR Part 11 Electronic Records: Electronic Signature.

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=11

10. OTHER TERMS, CONDITIONS, AND PROVISIONS

10.1. Non-Personal Services

This PWS identifies services that are strictly non-personal in nature, as defined by Federal Acquisition Regulation

(FAR) Part 37, Service Contracting. To ensure there is no appearance of any personal services, the Government shall neither supervise contractor personnel nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks or prepare work schedules for individual contractor personnel. It shall be the responsibility of the contractor to manage its personnel and to guard against any actions that give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contractor Officer

(KO) immediately.

10.2. Severable / Non-Severable Services

This award identifies services that are severable in nature.

10.3. Inherently Governmental Functions

This requirement has been reviewed and contains no services that are inherently governmental functions.

10.4. Organizational Conflict of Interest

U.S. Army Public Health Center (APHC) has categorized all service procurements into one of the following three categories as defined below, for the purpose of identifying, avoiding, or mitigating

Organizational Conflicts of Interest (OCI) in accordance with (IAW) Federal Acquisition Regulation

(FAR) Subpart 9.5. These categories are defined as follows:

Category 1: Command Wide Internal Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts with subordinate directorates/Commands.

Category 2: Program Management Support: Services which assist APHC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

Category 3: Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

13.5.1 OCI Certification. APHC OCI Category 3 is applicable for this acquisition. The Contractor shall perform a thorough comparative analysis of the potential new work against all current and previous works performed in support of the APHC organization and ascertain whether they have a possible conflict of interest. If there is a conflict of interest or the appearance of a conflict of interest, the Contractor shall provide a comprehensive OCI Mitigation Plan. The Contractor shall complete the OCI Certification at time of proposal submission.

10.5. Invoices

The contractor shall submit invoices monthly to Wide Area Work Flow (WAWF) with sufficient documentation to provide certification of invoice.

The contractor is responsible for properly preparing and forwarding to the appropriate Government official, the invoice and receiving report for payment. The contractor shall attach back up information to receiving reports for direct labor and Other Direct Costs (ODCs). Direct labor backup information shall reflect the person’s name, job title and quantity of hours worked for each pay period at a minimum. Backup information for ODCs shall list all elements of costs, such as travel breakout backup, including itinerary, dates of travel, name of employees traveling plus per diem costs shall accompany the receiving report. Equipment purchases are not authorized under this contract. The Wide Area Workflow – Receipt and Acceptance application is the required method of submission.

Where applicable, contractor will include additional ODC invoice details as required per protocol for any volunteer payments in support of this PWS.

10.6. Dissemination of Information/Publishing

There shall be no dissemination or publication, except within and between the Contractor and any Sub Contractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this order or contained in the reports to be furnished pursuant to this order without prior written approval of the COR or the Contracting Officer.

10.7. Data Rights

All data received, processed, evaluated, loaded, and created as a result of this contract shall remain the sole property of the Government and shall be returned to the Government at the conclusion of the contract, unless the KO grants a specific exception.

10.8. Anti-Terrorism and Operational Security

10.8.1. AT Level I Training.

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable.

The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil.

10.8.2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors 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. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity

Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

10.8.3. 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 Index (NCIC-III) and

Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

10.8.4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area.

The contractor and all associated subcontractors shall brief all employees on the local iWATCH program

(training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 15 calendar days of new employees commencing performance, with the results reported to the COR NLT 30 calendar days after contract award.

10.9. Sexual Harassment / Assault Response and Prevention (SHARP)

The contractor shall comply with OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program

(SHARP). The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

The contractor shall require all contractor personnel with knowledge of an incident of sexual assault or sexual harassment occurring on a Government facility, to include a Government leased facility, where the http://jko.jten.mil/ contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the Government's COR or Contracting

Officer. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and

Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract and annually thereafter. Training can be self study using the attached slides, obtained online for contractor personnel with an Army Knowledge On-line (AKO) account or in person. In-person training through USAMRAA can be scheduled by contacting 301-619-8937 for class date/time and availability. If the employee has an AKO account, they can access training online at Army AKO https://www.us.army.mil/. Once in AKO:

Under the "Self Service" tab, click on "My Training"; once that page comes up, in the center of the page, click on the ALMS logo or the "Access the ALMS" option. On the left hand side of the page that launches, click on “Search”, and enter “SHARP Standing Strong” in the Search option (in about the middle of the page that opens). Sexual Harassment/Assault Response and Prevention Standing Strong Training (Version:

FY15) will appear as one of your options. Under that option, click on the “Begin Registration” option.

10.10. Compliance with Relevant DoD, Service, and Institutional Policy Regulations.

The Contractor shall comply with HIPAA and all relevant DoD/USG regulations for collection, storage, and transfer of sensitive data and PHI. In addition, the Contractor will comply with all requirements for communication of findings and publication in the scientific peer reviewed literature (e.g. Public Affairs clearance and Operational Security clearance for dissemination).

10.11. Personally Identifiable Information (PII) and Protected Health Information (PHI)

The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data. The Contractor shall also ensure the confidentiality, integrity, and availability of

Government data in compliance with all applicable laws and regulations, including data breach reporting and response requirements, in accordance with DFAR Subpart 224.1 (Protection of Individual Privacy), which incorporates by reference DoDD 5400.11, “DoD Privacy Program,” May 8, 2007, and DoD 5400.11-R, “DoD

Privacy Program,” May 14, 2007. The contractor shall also comply with federal laws relating to freedom of information and records management. The Contractor shall comply with all requirements of the Health

Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191), as implemented by the

HIPAA Privacy and Security Rules codified at 45 CFR Parts 160 and 164, and as further implemented within the Military Health System (MHS) by DoD 6025.18-R, "DoD Health Information Privacy Regulation," January

24, 2003, and DoD 8580.02-R, “DoD Health Information Security Regulation, July 12, 2007.

IT services that collect, maintain, use, or disseminate personally identifiable information must be managed in a manner that protects privacy, in accordance with section 552a of Title 5, U.S.C. (Reference (aa)), DoD 5400.11

(Reference (ab)) and DoD 5400.11-R (Reference (ac)). DoDI 5400.16 (Reference (ad)) established the guidance for development, review, and approval of Privacy Impact Assessments, in accordance with chapter 36 of Title 44, U.S.C. (Reference (ae)).

11. ATTACHMENTS

Attachment 1 – Acronyms List

Attachment 2 – Organizational Conflict of Interest

Attachment 3 – Participation Agreement https://www.us.army.mil/

ATTACHMENT 1 – ACRONYMS LIST

Acronym Definition

AFARS Army Federal Acquisition Regulation Supplement

AKO Army Knowledge Online

APHC Army Public Health Center

AT OPSEC Antiterrorism and Operational Security

CAC Common Access Card

CFR Code of Federal Regulations

CONUS Continental United States

COR Contracting Officer Representative

DFARS Defense Federal Acquisition Regulation Supplement

DoD Department of Defense

FAR Federal Acquisition Regulation

FPCON Force Protection Condition

GFE Government Furnished Equipment

GFI Government Furnished Information

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States

OPSEC Operational Security

PWS Performance Work Statement

QASP Quality Assurance and Surveillance Plan

SHARP Sexual Assault Prevention and Response Program

SOP Standing Operating Procedure

UIC Unit Identification Code

US United States

WAWF Wide Area Work Flow

ATTACHMENT 2: ORGANIZATIONAL CONFLICT OF INTEREST

The APHC has categorized all service procurements into one of the following three categories as defined below, for the purpose of identifying, avoiding or mitigating against Organizational Conflicts of Interests (OCI) in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

• Category 1: Command Wide Internal Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts with subordinate directorates/Commands.

• Category 2: Program Management Support: Services which assist APHC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or

Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

• Category 3: Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that APHC presumes that award of a contract or order in the subject category will give rise to real or apparent OCIs with respect to requirements in the other two categories; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in APHC requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current Contractors and prospective

Offerors are afforded the maximum practicable opportunity to compete for all USAMRMC requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying, avoiding and / or mitigating against OCIs, APHC will examine all its non-purchased care requirements and acquisitions regardless of the cognizant contracting activity (e.g., USAMRAA, GSA, other agency Multiple Award Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award ID/IQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each APHC non-purchased care solicitation will therefore be designated as falling within one of the three above defined categories. The work called for under this contract / order has been determined by APHC to fall within the following non-purchased care OCI category:

Category 2: Program Management Support

APHC will administer this clause for purposes of award eligibility for each solicitation as follows:

An Offeror that has never provided support to APHC in any of the categories is eligible for award in any category without any further action required under this clause.

An Offeror that provides or has provided support to APHC in only one category of work and has never supported

APHC in any other category (a single-category Contractor) is eligible for award for any future requirement in that single category without further action under this clause.

A single-category Offeror/Contractor wishing to submit an offer in a different category, or any Offeror/Contractor which now provides or previously has provided support in more than one category, must include the following as part of its offer:

• Perform a comparative analysis of the potential new work against all current and previous work performed in support of APHC in any category other than that of the new work being offered. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the Contractor believes that its performance of the proposed new work would create a real or apparent OCI. If the Contractor believes that no real or perceived OCI will result from an award of the proposed work, no additional action by the

Contractor is required.

• If the Offeror/Contractor believes that a real or apparent OCI may exist as a result of an award, the

Contractor shall also submit an OCI Avoidance or Mitigation Plan with its proposal.

Inclusion of the comparative analysis and OCI Avoidance or Mitigation Plan will not be counted against any offer page limitations otherwise stated in the solicitation.

The Contracting Officer (and when applicable the appropriate program office, acquisition manager, and legal counsel) will review the comparative analysis and, if provided, the Avoidance or Mitigation Plan, in accordance with the requirements of FAR Subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that

Offeror would be consistent with those requirements. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or avoidance/mitigation plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any later award, if awarded the contract. The

Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract. The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

Prior to a contract modification involving a change to the Statement of Work, or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

The Offeror/Contractor should review the considerations below in determining whether or not a conflict of interest exists.

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have

Unequal Access to Information? Would award to the Offeror result in the Offeror having the opportunity to access nonpublic information that may give the Offeror a competitive advantage in a later competition for a government contract? Specifically, will the Offeror/Contractor have access to any of the following information:

o Budget(s), or Budget Information?

o Acquisition Sensitive Information related to the procurement process to include, but not limited to

Acquisition Plans, Requirements, Statements of Work, or Evaluation Criteria?

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have

“impaired objectivity” because the Offeror’s ability to render impartial judgments may be compromised because of its conflicting role(s) on this effort and other government contracts?

• Do “biased ground rules” exist? Most commonly, this would include a situation where the Offeror has, as a government Contractor, written specifications or a statement of work for this effort, which could skew competition in favor of itself?

• Is the Offeror aware of any other information relating to this proposed contract/order, which could reasonably be construed as creating an OCI?

The Offeror/Contractor hereby certifies to the best of its knowledge its OCI status below:

(Offeror: Choose one of the following two statements. Indicate which one applies by placing an X in the box to the left of the statement.)

No real or perceived OCI, as defined in FAR 2.1 and discussed in FAR 9.5, will result from an award of the proposed work (there are no ‘Yes’ responses to the questions above).

A real or apparent OCI may exist as a result of an award and therefore an appropriate OCI Avoidance or

Mitigation Plan is attached (Offeror shall include an appropriate OCI Avoidance or Mitigation Plan, as required by this clause, with its quote to the Contracting Officer).

Upon award the Contractor agrees that it will provide timely OCI training to all employees and subcontractor employees working on this effort, which will include emphasis on how work performed by Contractor employees

(either prime Contractor, subcontractor, or other teaming partners) under one APHC OCI category can exclude the

Contractor as well as its teaming partners from performing related tasks under a different OCI category of work.

____________________________ (Signature) ____________________ (Date)

____________________________ (Printed Name) ____________________ (Title)

ATTACHMENT 3: COVERED EMPLOYEE PARTICIPATION AGREEMENT

As a participant in the ___________________________________________, you are a “covered employee” (contractor employee or subcontractor self-employed individual performing an acquisition function that is closely associated with inherently governmental functions) under FAR 3.11 and FAR 52.203-16. You are required to protect the confidentiality of information and avoid personal conflicts of interest.

This agreement must be read, understood, and agreed to before you begin any activities.

1. Confidentiality of Information.

Certain information you prepare or receive in the course of your participation will be non-public information that must be safeguarded. Non-public information means any Government or third-party information that:

a. Is exempt from disclosure under the Freedom of Information Act ( 5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive Order or regulation; or

b. Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Non-public information would include proposal information, pricing, review materials, evaluation information, review group discussions, program and project related information, personally identifiable information and proprietary information of third parties, including but not limited to information regarding properties, formulae, structures, manufacturing processes, and test results.

You are required to sign a non-disclosure agreement that prohibits you from disclosing non-public or proprietary information. Any questions on confidentiality of information should be directed to your employer/contractor.

______ (initial) I agree to maintain a high degree of physical security over non-public information at all times. When the non-public information is no longer needed for my participation, I will either return it as requested or immediately destroy it.

______ (initial) I will use non-public information strictly for purposes of my participation in the activity designated above and will not use it for personal gain. I will not discuss or otherwise disclose non-public information to anyone who is not authorized to receive it.

2. Personal Conflict of Interest

It is essential that all actions be conducted impartially so there is no public doubt about the propriety and fairness of government programs and operations. You would have a personal conflict of interest in a situation where a financial interest, personal activity, or relationship could impair your ability to act impartially and in the best interest of the

Government. Among the sources of personal conflicts…