Sol_140D0420R0013_Amd_0001.pdf

(x)

140D0420R0013 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

D33

Herndon VA 20170 381 Elden Street, Suite 4000 DOI, Acquisition Services Directora

D33

Herndon VA 20170 381 Elden Street, Suite 4000 DOI, Interior Business Center

03/03/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/03/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Legacy Doc #: DO

The purpose of amendment 0001 is to: 1) publish Government responses to Industry Questions.

Please see Attachment 3; and, 2) revise the solicitation. Changes are highlighted in yellow.

All other terms and conditions remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Nina Leshock

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation: 140D0420R0013 Amendment 001 Document Title: R&D: Secure Hybrid Composite Container Page 2 of 59

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT LINE ITEM (CLIN) DESCRIPTION

SECTION C – DESCRIPTION AND SPECIFICATIONS

C.1 STATEMENT OF WORK

C.2 DELIVERABLES

SECTION D - PACKAGING AND MARKING

D.1 MARKING

D.2 PACKAGING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 REVIESW AND OVERSIGHT

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 PERFORMANCE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION - CONTRACTOR

G.2 CONTRACT ADMINISTRATION – GOVERNMENT

G.3 PROGRAM MANAGER

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APRIL 2013)

G.5 CONTRACT FUNDING INFORMATION

G.6 DIAR 1452.201-70 Authorities and Delegations (SEP 2011)

Section H – Special Contract Requirements

H.1 KEY PERSONNEL REQUIREMENTS

H.4 REPORTING

H.5 TRAVEL

H.6 PERMITS, TAXES, LICENSES, ORDINANCES AND REGULATIONS

H.7 DUPLICATION OF EFFORTS

H.8 NO COST SETTLEMENT

H.9 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERRORS

H.10 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DECEMBER 2015)

Solicitation: 140D0420R0013 Amendment 001 Document Title: R&D: Secure Hybrid Composite Container Page 3 of 59

H.11 ACKNOWLEDGEMENT, DISCLAIMER & MARK

H.12 DATA INFORMATION ASSURANCE PROTECTION

H.13 EXPORT COMPLIANCE

H.14 NON-DISCLOSURE

H.15 ETHICAL CONSIDERATIONS

H. 16 PROPRIETARY PROTECTION

H.17 MATERIALS

Section I -- Contract Clauses

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

I.2 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016).24

I.3 FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

I.4 FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

I.5 FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

I.6 DIAR 1452.203-70 Restriction on Endorsements—Department of the interior (JUL 1996)

I.7 DIAR 1452.204-70 Release of Claims—Department of the Interior (JUL 1996)

I.8 DIAR 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)...27

I.9 DIAR 1452.237-70 Information Collection—Department of the Interior (JUL 1996)

I.10 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEPT 2012)

I.11 HSAR 3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES

(SEPT 2012)

I.12 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

I.13 HSAR 3052.228-70 Insurance (DEC 2003)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) .34

K.4 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUN 2018)

K.5 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2015)

K.6 FAR 52.230-70 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

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K.7 AUTHORIZED NEGOTIATORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.4 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.5 PROPOSAL CONTENT AND FORMAT

L.6 DISPOSITION OF PROPOSALS

L.7 FORMAL COMMUNICATIONS

L.8 REQUEST FOR CLARIFICATIONS

L.9 EXCEPTIONS TO TERMS AND CONDITIONS

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

M.2 AWARD WITHOUT DISCUSSIONS

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SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT LINE ITEM (CLIN) DESCRIPTION

CLIN 0001 Base Year: R+D; Material Identification/Analysis/Manufacturability, and Test

The offeror shall furnish the necessary personnel, materials, facilities, and nonpersonal services to perform the research and development in accordance with Request for Proposal 140D0420R0013, and specifically paragraph 4.1 of the Statement of Work.

Proposed Cost: $_______________________

CLIN 0002 Base Year: Travel

Travel reimbursement in accordance with Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, during the performance of the resultant contract.

This CLIN is not to exceed $15,000.00

Proposed Cost: $15,000.00

CLIN 1001: Option Year 1: R+D; Manufacturing 20ft Secure Composite Container Wall Components for Installation in a Standard Container Frame

The offeror shall furnish the necessary personnel, materials, facilities, and nonpersonal services to perform the research and development in accordance with Request for Proposal 140D0420R0013, and specifically paragraph 4.2 of the Statement of Work.

CLIN 1001 is an option and not a guaranteed commitment. Performance will only begin if the option year is exercised via contract modification.

Proposed Cost: $_______________________

CLIN 1002 Option Year 1: Travel

Travel reimbursement in accordance with Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, during the performance of the resultant contract.

This CLIN is not to exceed $15,000.00

CLIN 1002 is an option and not a guaranteed commitment. Performance will only begin if the option year is exercised via contract modification.

Proposed Cost: $15,000.00

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CLIN 1003 Optional CLIN: Design & Development of a Security System for Composite Container

The offeror shall furnish the necessary personnel, materials, facilities, and nonpersonal services to perform the research and development in accordance with Request for Proposal 140D0420R0013, and specifically paragraph 4.3 of the Statement of Work.

CLIN 1003 is an optional CLIN and not a guaranteed commitment. Performance can begin at any time during contract performance, but a contract modification must be issued to implement the optional CLIN.

Proposed Cost: $_______________________

Total Proposed Contract Cost:

CLIN 0001: $__________

CLIN 0002: $15,000.00

CLIN 1001: $__________

CLIN 1002: $15,000.00

CLIN 1003: $__________

Total:_________________

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SECTION C – DESCRIPTION AND SPECIFICATIONS

C.1 STATEMENT OF WORK

Refer to Attachment 1- Statement of Work in Section J.1.

C.2 DELIVERABLES

Refer to Attachment 1a - Data Item Deliverables in Section J.1.

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SECTION D - PACKAGING AND MARKING

D.1 MARKING

Shipping documents, containers, correspondence and packages shall be marked with the following information:

Contract Number: TBD Contract Title: TBD

D.2 PACKAGING

All deliverables called for shall be packed and shipped in accordance with the best commercial practices in manner that shall afford adequate protection against physical and environmental deterioration and damage during shipment.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

FAR Clause Title Date 52.246-8 Inspection of Research and Development-Cost Reimbursement MAY 2001

E.2 REVIESW AND OVERSIGHT

Review and oversight of research and development services will be made by the Program Manager identified in Section G. The Program Manager will inform the Department of Interior Contract Administrator identified in Section G if research and development services do not conform to contract requirements.

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

FAR Clause Title Date 52.242-15 Alt. I Stop-Work Order (August 1989) Alt. I APR 1984

F.2 PERFORMANCE SCHEDULE

CLIN 0001 (Base Year) 12 months from date of award CLIN 0002 (Base Year) 12 months from date of award CLIN 1001 (Option Year 1) 12 months from date of exercised CLIN CLIN 1002 (Option Year 1) 12 months from date of exercised CLIN CLIN 1003 (Optional CLIN) 12 months from when the optional CLIN is implemented

This is a research and development (R&D) effort; therefore, the performance schedule can only be estimated. If, at a later date, it becomes necessary to extend the period of performance due to uncertainties or unknowns in the R&D environment, the Government may extend the period of performance on any current contract CLIN at any time during the period of performance.

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION - CONTRACTOR

The contractor's office, which will supervise and administer the resulting contract, is as follows:

POC: ___________________

Phone: ___________________ E-Mail: ___________________

G.2 CONTRACT ADMINISTRATION – GOVERNMENT

Administration of this contract shall be performed by:

Department of the Interior Interior Business Center Acquisition Services Directorate Division III 381 Elden St.

Herndon, VA 20170

POC: Nina Leshock, Contracting Officer Phone: 703-964-8413 E-Mail: Nina_Leshock@ibc.doi.gov

POC: Kevin Woody, Contracting Officer Phone: 703-964-3568 E-Mail: Kevin_Woody@ibc.doi.gov

G.3 PROGRAM MANAGER

The Program Manager (PM) for this contract is:

David Taylor Science and Technology Directorate Department of Homeland Security 1120 Vermont Avenue, NW Washington, DC 20005

Phone: 202-254-5884 Email: David.Taylor@hq.dhs.gov

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APRIL 2013)

Payment must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing System (IPP).

“Payment requests” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements

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Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The contractor must include a copy of their invoice with supporting documentation to include labor categories, labor rates, direct costs, overhead rates and fee. Additional documentation to support your direct costs that is required to be submitted includes but is not limited to copies of material purchase orders, subcontractor or consultant agreements, or travel receipts. Travel reimbursement shall include destination and purpose of trip, destination per diem rates, and applicable receipts for each traveler. This information is required regardless of contract type and must be received prior to an invoice being approved for payment. Invoices without attachments are subject to rejection.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to contract award date, but no more than 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone 866-973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.5 CONTRACT FUNDING INFORMATION

DHS IAA – TBD at time of award

Total funded amount from this IAA# - TBD at time of award

G.6 DIAR 1452.201-70 Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

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(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

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Section H – Special Contract Requirements

H.1 KEY PERSONNEL REQUIREMENTS

(a) Certain skilled/experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those individuals identified below:

NAME ROLE

TBD TBD

(b) The contractor agrees key personnel shall not be removed from the contract work or replaced without compliance with the following:

i. If any key person for whatever reason becomes, or is expected to become, unable to devote substantially the same effort to the work as indicated in the proposal, the contractor shall promptly notify the Government Contract Administrator specified in Section G and submit a request for approval of a key person substitution as described in paragraph b.ii.

ii. A request for approval of a key person substitution must be in writing and provide

(1) A detailed explanation of the circumstances necessitating the proposed substitution,

(2) Documentation of the substantially equal abilities and qualifications of the proposed substitute, and (3) any other information requested by the Contracting Officer or needed to approve or disapprove the proposed substitution. The DHS Program Manager and the Contracting Officer’s Representative will evaluate the request and promptly recommend approval or rejection of the request to the Contracting Officer who will notify the contractor of the approval or disapproval thereof, in writing.

iii. If the request for approval of substitutions is disapproved, the contract may be subject to termination.

H.4 REPORTING

Please see section 5.0 of the Statement of Work and the Data Deliverable templates in Section J.

H.5 TRAVEL

Contractor travel may be required to support this requirement. Travel anticipated as part of this requirement shall be identified in the offeror’s technical and cost proposal. All travel shall be in accordance with the Federal Travel Regulation (FTR) and Federal Acquisition Regulation (FAR) Part 31.

The contractor agrees to use the most economical method of travel available. All travel shall be invoiced on an actual travel cost basis and supporting documentation shall be provided with submission of the invoice. All foreign travel, and any additional travel not contemplated by the Statement of Work, requires prior approval by the Contracting Officer, with notification to and coordination with the Contracting Officer's Representative.

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H.6 PERMITS, TAXES, LICENSES, ORDINANCES AND REGULATIONS

The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all Federal, State, Municipal, County and local Board of Health ordinances, rules and regulations applicable to the business carried on under this contract, and be responsible for all applicable State Sales and Use Taxes.

H.7 DUPLICATION OF EFFORTS

The contractor certifies that costs for work to be performed under this contract and any subcontract hereunder is not duplicative of any costs charged against any other Government contract, subcontract or other Government source. The contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to this contract.

H.8 NO COST SETTLEMENT

If the parties agree to negotiate a so-called 'no-cost settlement' in lieu of a termination for default or for convenience by the Government, then the following terms shall be included in such bilateral settlement agreement without further negotiation:

1. The Government shall pay all unpaid allowable costs that have been incurred by the Contractor as of the date of the notice of termination;

2. The Government shall neither pay nor be liable for any anticipatory profits or consequential damages resulting from the termination of this contract or any subcontract, including, without limitation, accounting, legal, clerical, or other fees and/or expenses for the preparation of settlement proposals and supporting data; and

3. The maximum amount payable under the no-cost settlement shall be further limited by the total amount of Government funds that have been properly obligated by this contract under the provisions of 31 U.S.C. § 1501(a)(1) as of the date of the notice of termination.

All other rights and remedies of the parties that are consistent with the mandatory terms of any no-cost settlement agreement set forth above shall remain extant and unaffected by this Special Contract Requirement.

H.9 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERRORS

The following will not be distributed with the contract; however, the documents are incorporated by reference and form a part of the resultant contract as though furnished in full text therewith.

System for Award Management (SAM) Section K - Representations, Certifications and Other Statements of Offerors, dated: __________

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H.10 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER

2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating

"No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Clause)

H.11 ACKNOWLEDGEMENT, DISCLAIMER & MARK

Acknowledgement

Where acknowledgement has not already been accomplished in accordance with the provisions of the “Data Rights” and “Patent Rights” clauses for the contract, the Contractor shall include the following acknowledgement of the DHS Science and Technology (S&T) funding on any other information produced under this contract as follows:

“This project is the result of funding provided by the Science and Technology Directorate of the United States Department of Homeland Security under contract number ___________”

H.12 DATA INFORMATION ASSURANCE PROTECTION

(a) The contractor shall protect and safeguard sensitive Government Furnished Information (GFI) and data from inadvertent disclosure, misuse, display, theft, and unauthorized actions that would destroy or render the information unavailable for specific Government use.

(b) Should the contractor, or one of his/her employees, make any inadvertent or any unauthorized disclosure(s) or willfully participate in activities that result in detrimental harm to the protection and safeguarding of sensitive GFI and data, such actions may be considered to be a breach of this contract and the terms of the Default clause may be invoked.

(c) The contractor shall afford safeguarding consistent with the protection requirements identified by the Government until such time the Government deems the information/data is no longer sensitive and provides corresponding written notification to the contractor.

H.13 EXPORT COMPLIANCE

a. The contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 774, in the performance of this contract. In the absence of available license exemptions/exceptions, the contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of

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(including deemed exports) hardware, technical data, and software, or for the provision of technical assistance.

b. The contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at any Government installation (whether in or outside the United States), where the foreign person will have access to export-controlled technologies, including technical data or software.

c. The contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

d. The contractor shall be responsible for ensuring that the provisions of this clause apply to its sub-contractors.

e. Without limiting the foregoing, the Contractor intends to perform this contract so that the results of the research qualify as “fundamental research” under the applicable export control laws and regulations.

H.14 NON-DISCLOSURE

Non-Disclosure of Sensitive, Proprietary or Source Selection Information

The contractor acknowledges that during the performance of this contract and any task orders issued pursuant to it, it may receive or otherwise have access to sensitive, proprietary and source selection information provided by public or private entities or by other contractors. The contractor agrees that use of such information will be limited to performance of work under this contract. The contractor further agrees it will take all necessary steps to prevent disclosure of such information to any party outside the government or to any other government support contractor who is not authorized to access or use the information or who has not signed a non-disclosure agreement.

Instruction of Employees: The contractor agrees to instruct all of its employees having access to any sensitive, proprietary or source selection information about both the nature of the information and the circumstances under which the contractor has possession of or access to it. Contractor personnel shall not engage in any action, venture or employment in which such information is used for the profit of any party or parties, other than those who supplied the information.

Individual Non-Disclosure Agreements: Prior to the commencement of any work under this contract, the contractor shall require its personnel to sign a non-disclosure agreement (DHS Form 11000-6) and shall forward the signed agreements to the Contracting Officer or his designated representative. The contractor shall restrict access to sensitive, proprietary or source selection information to the minimum number of employees necessary for contract performance.

H.15 ETHICAL CONSIDERATIONS

Communication During Evaluation: Once a Proposal has been submitted, the evaluation becomes active until the Contracting Officer issues an official notification letter to the Offeror. During the evaluation, no communication shall occur between S&T personnel and the Offeror regarding the submission or its general subject matter, except as noted below:

During the evaluation period, the Contracting Officer must be the focal point of any exchange with

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Offerors. After receipt of a Proposal, no discussion regarding the scope of work, resources required to execute the scope, etc., will be allowed during the Source Selection process. However, the Contracting Officer may initiate communications if and when specific facts in the submission require further clarification from the Offeror (such as confirmation of a delivery date).

Conflict of Interest: Per HSAR 3025.209-72, Organizational Conflict of Interest issues will be evaluated on a case-by-case basis as outlined below:

(a) Disclosure. In a Full Proposal submission Offerors must represent to the best of their knowledge: (1) whether any of their current employees were previously employed by DHS S&T, and whether any of their former employees are now DHS S&T employees; (2) full disclosure of any actual, potential, or perceived organizational conflicts of interest. The Offeror shall include a mitigation plan for any actual or potential conflicts of interest, in accordance with paragraph (d) of this provision.

(b) Determination. The Contracting Officer may determine that this effort may result in an actual, potential, or perceived conflict of interest.

(c) If an Offeror with an actual, potential, or perceived conflict of interest believes it can be mitigated the Offeror may submit a mitigation plan to the Contracting Officer. The Contracting Officer may approve a mitigation plan; reject a mitigation plan and ask for revisions; or reject a mitigation plan, determine that the conflict of interest cannot be resolved or avoided, and find the Offeror ineligible for award.

(d) Other Relevant Information. In addition to the mitigation plan, the Contracting Officer may require additional relevant information from the Offeror. The Contracting Officer will use all information submitted by the Offeror, and any other relevant information known to DHS, to determine whether an award may be made and whether the mitigation plan adequately mitigates the conflict.

(e) Corporation Change. The successful Offeror shall inform the Contracting Officer, within 30 calendar days of the effective date of any corporate mergers, acquisitions, or divestitures that may affect this provision.

(f) Flow-down. The contractor shall insert the substance of this clause, paragraphs (a) through (f), in each subcontract that exceeds the simplified acquisition threshold.

Offerors who have existing contract(s) with DHS S&T for scientific, engineering, technical or administrative support will receive particular scrutiny.

Note also that FAR-based awards will incorporate Homeland Security Acquisition Regulation (HSAR) clause (deviation) 3052.209-70 Prohibition on Contracts with Corporate Expatriates.

H. 16 PROPRIETARY PROTECTION

Submissions will be considered proprietary information and will be protected accordingly as long as they are appropriately marked. DHS S&T has contracted for business and staff support services (reference below NOTE). Contractors will provide administrative support. Submissions will be evaluated only by authorized Government employees; only Government employees will sit on Source Selection Boards. In submitting a Proposal, Offerors consent to allow contractor access to submissions.

All contractors who provide support services to DHS S&T activities have signed general non-disclosure agreements and, where applicable, organizational conflict of interest statements.

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NOTE: The Government may obtain support from both Federal SMEs and support contractors when completing proposal evaluations. Support contractors may be used to provide administrative assistance to federal employees who are involved in the evaluation of proposals. Administrative assistance would include tracking the proposals through the review process and assigning proposals by system assigned number or proposal title. Contractors will have limited system access which does not include the capability to read or review proposals. As the activities typically carried out under the solicitation do not involve advisory and assistance services (A&AS) contractors evaluating or analyzing proposals, the limitation in FAR 37.203(d) will not apply. If the conflict described in FAR 9.505-4 is found to exist, S&T will ensure that the contractors conclude the necessary agreements, which are kept on file, before proprietary information is shared.

H.17 MATERIALS

Prior to the purchase of material greater than $5,000.00 and/or for material purchases that were not previously identified in the technical proposal or statement of work, the contractor must obtain the approval of the Program Manager. Failure to obtain this approval may result in non-payment of invoices for those material purchases.

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Section I -- Contract Clauses

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http:// www.acquisition.gov

FAR Clause Title Date 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

AUG 2011

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement

Benefits (PRB) Other Than Pensions

JUL 2005

http://www.acquisition.gov/

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52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges – Alternate I OCT 2009 52.216-7 Allowable Cost and Payment JUN 2013 52.216-8 Fixed Fee JUN 2011 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2018 52.222-2 Payment for Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity – Alternate I SEPT 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers With Disabilities JUL 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent – Alt I APR 1984 52.227-11 Patent Rights--Ownership by the Contractor MAY 2014 52.227-14 Rights in Data--General MAY 2014 52.227-16 Additional Data Requirements JUN 1987 52.228-7 Insurance-Liability to Third Persons MAR 1996 52.230-2 Cost Accounting Standards OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-20 Limitation of Cost APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-25 Prompt Payment – Alternate I (Feb 2002) JAN 2017 52.232-33 Payment by Electronic Funds Transfer-Central Contractor

Registration

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes (May 2014) DEC 1991 52.233-3 Protest after Award – Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-2 Changes—Cost Reimbursement Alternate I APR 1984 52.243-7 Notification of Changes JAN 2017 52.244-2 Subcontracts – Alternate I OCT 2010 52.244-5 Competition in Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017

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52.246-23 Limitation of Liability FEB 1997 52.246-24 Limitation of Liability – High Value Items – Alt I FEB 1997 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984

CLAUSED INCOPORATED BY FULL TEXT

I.2 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

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(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

I.3 FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of the expiration of the current period of performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

(End of Clause)

I.4 FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.