Attachment_B_19AQMM19R0190_Task_Order_1_Discovery_Task_A0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

06/06/2019

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Kelley S. Kershner

NAME

703-875-6023

TEL.

kershnerk@state.gov

EMAIL

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM19R0190

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

05/01/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, 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 items 8 and 15, and returning ____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 ACKNOWLEDGMENT 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

See Continuation Page of 19AQMM19R0156 A0001

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

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

Kelley S. Kershner

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

19AQMM19R0190

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B-001 TYPE OF CONTRACT

B-002 FIRM FIXED PRICE SCHEDULE

C Descriptions/Specifications/Statement of Work

C-001 PERFORMANCE WORK STATEMENT (PWS)

C-002 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

D Packaging and Marking

D-002 MARKING OF REPORTS

D-004 PACKING LIST(S)

D-005 WARRANTY NOTIFICATION

E Inspection and Acceptance 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination) E-004 INSPECTION AND ACCEPTANCE (Services)

F Deliveries or Performance

F-001 PERIOD OF PERFORMANCE

F-002 PLACE OF PERFORMANCE

G Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

G-01INVA EXPANDED INVOICE INSTRUCTIONS

G-002 CONTRACT ADMINISTRATION DATA

G-003 MODIFICATION REQUESTS

G-004 MODIFICATION REQUESTS NOTIFICATION

G-005 INSPECTION SYSTEM REPORT

G-006 PAYMENT SCHEDULE

G-007 QUALITY ASSURANCE SURVEILLANCE PLAN

H Special Contract Requirements

H-001 PERSONNEL

H-020 SAFEGUARDING INFORMATION

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

H-025 TECHNICAL DIRECTION

H-031 SECURITY REQUIREMENTS

H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General

H-033 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

I Contract Clauses 52.204-2 Security Requirements (Aug 1996) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.227-14 Rights in Data - General (May 2014) 52.232-1 Payments (Apr 1984) 52.232-22 Limitation Of Funds (Apr 1984) 52.237-3 Continuity Of Services (Jan 1991)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

52.217-8 Option to Extend Services (Nov 1999)

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (SEP 2007)

52.227-23 Rights to Proposal Data (Technical) (June 1987) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments

J-001 LIST OF ATTACHMENTS

L Instructions, Conditions, and Notices to Offerors and Respondents L-001 Technical Proposal Instructions L-002 Cost/Price Proposal Instructions L-003 Technical and Management Approach

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP

2007)

M Evaluation Factors for Award M-001 Technical Evaluation Factors M-002 Price Evaluation

001 DISCOVERY TASK

Invoice Plan: Firm Fixed Price Not-to-Exceed Line Item Value:

1.00 0.00

1.00 JB

The negotiated firm-fixed-price consists of all costs and prices to perform the requirements described in the Performance Work Statement (PWS).

Refer to Clause G-006 (PAYMENT SCHEDULE). Full payment for each given payment in the payment schedule shall be conditioned on Government acceptance (of supplies delivered or services rendered) at the place of acceptance. See FAR 52.246-4 (Inspection of Services - Fixed-Price) for more information.

Doc Ref No:

Delivery Date FOB:

B-001 TYPE OF CONTRACT

The type of task order is firm-fixed-price, as described in FAR 16.202 (Firm-Fixed-Price Con-tracts).

B-002 FIRM FIXED PRICE SCHEDULE

1. The negotiated firm-fixed-price per task order period is:

DISCOVERY TASK: $

2. The negotiated firm-fixed-price per task order period consists of all costs and prices to per-form successfully the requirements described in the Performance Work Statement (PWS).

3. The Government will not pay for overtime that results in an overall price that is greater than the overall price fixed at task order award. However, if overtime may be necessary to per-form any change to task order requirements, pursuant to FAR 52.243-1 (Changes – Fixed- Price), the Contracting Officer will consider any proposed overtime cost as part of the contract-or’s request for equitable adjustment.

4. Pricing for additional supplies (including equipment) and services to support Discovery Task, if later required by the Government, shall be solicited and negotiated after task order award in response to the Government’s issuance of a change order(s), pursuant to FAR 52.243-1 (Changes – Fixed-Price).

5. The negotiated fully-loaded hourly labor rates apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resid-ent aliens, and individuals with permits showing authorization to work in the United States).

6. Each negotiated fully-loaded hourly labor rate shall consist of an unloaded hourly labor rate, any labor-related direct costs (e.g., direct fringe benefits, direct bonuses), applicable indir-

19AQMM19R0190

Line Item Summary

Solicitation Number:

19AQMM19R0190

Contract Number: Title: Salvo Task Order 001 Discovery Task

Date of Solicitation:

06/06/2019

Line Item No. Description Quantity Unit Unit Price Total Cost ect costs, and profit amount. It does not include any other costs. Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be al-located separately as an ODC (other direct cost).

7. Any costs included in the negotiated fully-loaded hourly labor rates shall not be charged elsewhere under this task order.

Section C- Descriptions/Specifications/Statement of Work

C-001 PERFORMANCE WORK STATEMENT (PWS)

See Attachment 1 - Performance Work Statement (PWS) for task order requirements.

C-002 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

(a) The Offer shall consist of: (1) the completed “Offer” section of Standard Form 33 (blocks twelve (12) through eighteen (18)); (2) the schedule of costs or prices in the Uniform Contract Format Section B (if applicable).

(b) The Contractor shall perform this contract in accordance with [insert sections or page num-bers of Contractor’s proposal to be incorporated into the contract] of its technical proposal dated (INSERT), and any revisions thereto submitted in response to Solicitation

19AQMM19R0190.

Section D- Packaging and Marking

D-002 MARKING OF REPORTS

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(a) Name and business address of the Contractor;

(b) Contract number and delivery order number, if applicable;

(c) Date of report; and

(d) Program office(s).

(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.

(end of clause)

D-004 PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

(end of clause)

D-005 WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the sup-plies are found to be defective.

(end of clause)

Section E- Inspection and Acceptance

Clause Title

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(end of clause)

E-004 INSPECTION AND ACCEPTANCE (Services)

Inspection and acceptance of the services to be provided hereunder shall be made by the Con-tracting Officer's Representative. Pursuant to FAR 46.502 (Responsibility for Acceptance), the Contracting Officer is responsible for ultimate acceptance. Refer to Clause G.4 (Payment for Authorized Work) of the IDIQ for payment information.

(end of clause)

Section F- Deliveries or Performance

F-001 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting Officer's signature, and shall re-main in effect for ninety day base period.

(end of clause)

F-002 PLACE OF PERFORMANCE

The place of performance for Discovery Task shall be at Contractor Facility, with scheduled performance reviews and progress meetings conducted at a location designated by the Govern-ment.

(end of clause)

Section G- Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is to be determined at time of award .

(End of clause)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

G-01INVA EXPANDED INVOICE INSTRUCTIONS

To constitute a proper invoice, the Contractor shall submit all information requried in IDIQ Section G.3.2 (Expanded Invoice Instructions).

Invoices shall be submitted to the Program Office within 30 (thirty) calendar days of payment schedule milestone. Refer to Clause G-006 (Payment Schedule).

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: Kelley Kershner Email: Kershnerk@state.gov First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209

Contracting Officer's Representative (COR): [NAME FOR CONTRACT, TBD FOR SOLICITATION] Telephone Number: [NUMBER] Facsimile Number: [NUMBER] U.S. Department of State: [ADDRESS] (end of clause)

G-003 MODIFICATION REQUESTS

1. The Contractor may be required to provide additional support services on a Firm-Fixed-Price basis. If required, the Department will issue a Technical Letter of Direction at the task order ad-ministration level. The contractor shall submit a Technical and Price Proposal to the CO and the COR in writing within ten (10) calendar days of receipt of the modification proposal request.

The Contractor’s modification proposal shall include two separate volumes: Volume I (Technical Proposal) and Volume II (Price Proposal). In the Price Proposal, offerors shall high-light all changes to the task order prices, and provide a justification for each change in the Nar-rative. Offerors shall map the corresponding price change to the change in the technical ap-proach in the Narrative.

2. At a minimum Volume I (Technical Proposal) shall include the following:

a) The Government will pre-populate the changes to requirements in the PWS, “Minimum Re-quirement” and “Change to Minimum Requirement” columns A, B and C in Attachment 3.

b) The contractor shall insert data in the “Proposed Technical Approach” column for each change identified in the “Change to Minimum Requirement” column.

c) The contractor shall highlight all changes to the proposed Subtotal and Total for Labor, and Other Direct Costs (ODC’s) for Changes in the “Proposed Price” Column, and provide a justi-fication for each change in the Price Narrative. Refer to G-003(1).

d) The contractor shall not add, delete, or otherwise alter the existing content.

e) The contractor may submit a word-formatted document but shall conform to the requirements listed in Attachment 3, "Instructions" tab.

At a minimum, Volume II (Price Proposal) shall include the following breakdown

3. For fixed-price arrangements (i.e., task orders or line items in a task order), the Contractor shall submit the following:

a) CLIN

b) Contract-specified labor category

d) Each internal labor category

e) Each proposed fully-loaded hourly labor rate

f) Proposed hours

g) Description of each ODC

h) Proposed unit price for each ODC

i) Unit of measurement for each ODC

j) Proposed units

k) Subtotal

G-004 MODIFICATION REQUESTS NOTIFICATION

The contractor shall notify the CO and COR, in writing, of any urgent, emerging or existing is-sue that may require a modification within one (1) business day of the issue arising.

(end of clause)

G-005 INSPECTION SYSTEM REPORT

In accordance with FAR 52.246-4 (Inspection of Services - Fixed Price), the Contractor shall provide records evidencing all inspections made under the system and the outcome upon com-pletion of the Discovery Task identified in CLIN 001.

(end clause)

G-006 PAYMENT SCHEDULE

Government payment will be made once for Discory Task at the negotiated firm fixed price after Contractor completion of the Task and subsequent Government acceptance of the required services and supplies.

G-007 QUALITY ASSURANCE SURVEILLANCE PLAN

The following Quality Assurance Surveillance Plan (QASP) is applicable to this task order.

Phase Title Description Due Date Threshold Zero Sample Format Developed during the Kick-Off meeting

3 working days after Kick-Off meeting

Accepted by the COR after no more than a single revision

One Work Breakdown Structure

Based on PMBOK standard

7 working days after Kick-Off

Accepted by the COR after no meeting more than a single revision

One Project Manage-ment Package

Includes Project Charter, GANTT chart, budget, stakeholder net-work diagram, de-scription of critical path.

10 working days after contract award

Accepted by the COR after no more than a single revision

Two Weekly Progress Updates

Comparison of projected to actual project progress as well as identifica-tion of barriers and opportunities

Each Monday by 11am EST for the preceding week

Accepted by the COR without revi-sion

Two Monthly Progress Reports

Summary of pro-gress compared to project manage-ment plan, presen-ted in both narrat-ive and via Power- Point slide set, with full justifica-tion for changes to timeline or re-sources, if re-quired.

Presentation scheduled on the first working day of each calendar month following contract award un-less directed other-wise by the COR.

Accepted by the COR without revi-sion

Two Draft Roadmap Report

Recommends the selected COTS EHR platform, ar-ticulates required modifications and adaptations, de-scribes the path-way from procure-ment through de-ployment, articu-lates project risk and presents a comprehensive risk management strategy.

Presentation 60 calendar days fol-lowing contract award

Accepted by the COR without revi-sion

Three Final Roadmap Report

Finalized as above, incorporat-

Presentation 90 calendar days fol-

Accepted by the COR after a single ing Government input and de-cisions on issues raised in the draft report lowing contract award revision

Section H- Special Contract Requirements

H-001 PERSONNEL

1. In developing the staffing plan within the proposal to meet this requirement, the Contractor shall use, to the greatest extent possible, the labor category descriptions and qualifications de-scribed in Section H of the base Request for Proposal, and include detailed resumes for each person supporting the task within the selected labor categories.

2. The Contractor agrees that a partial basis for award of this contract is the list of personnel proposed. Accordingly, the Contractor agrees to assign to this contract those persons whose re-sumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Of-ficer. During the first ninety days of performance, the Contractor shall make no substitutions of personnel unless the substitution is necessitated by illness, death, or termination of employment.

3. All proposed substitutes shall meet or exceed the qualifications of the person to be replaced.

The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(1) an explanation of the circumstances necessitating the substitution;

(2) a complete resume of the proposed substitute; and

(3) any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(end of clause)

H-020 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters re-lating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authoriz-ation of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-025 TECHNICAL DIRECTION

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplish-ment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, spe-cifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the con-tract. Technical instructions may not be used to:

(1) assign additional work under the contract;

(2) direct a change as defined in the "Changes" clause of this contract;

(3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

(4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruc-tion. The Contractor shall not proceed with the work affected by the technical instruction un-less and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from per-forming that portion of the contractual work statement which is not affected by the disputed technical instruction.

(end of clause)

H-031 SECURITY REQUIREMENTS

(a) A facility security clearance at the TOP SECRET with SCI access is required for contract performance in accordance with the DD Form 254, Department of Defense Contract Security Classification Specification, attached to this contract.

(b) Since it will be necessary for some Contractor personnel to have access to classified materi-al and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an individual security clearance commensurate with the required level of access prior to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change.

(c) The Contractor may be granted a Department of State building pass for all employees per-forming under this contract who require frequent and continuing access to Department of State facilities in accordance with Bureau of Diplomatic Security Instructions.

(d) Performance of this contract shall be in accordance with the attached DD Form 254, Depart-ment of Defense Contract Security Classification Specification and FAR 52.204-2 “SECURITY

REQUIREMENTS”.

(e) Reserved.

H-031 – 1: ADDITIONAL SECURITY REQUIREMENTS

The Contractor shall currently possess and maintain a TOP SECRET with SCI Facility Security Clearance issued by the Defense Security Service (DSS) in accordance with the National Indus-trial Security Program Operating Manual (DOD 5220.22-M) for the duration of this contract. If necessitated by contract requirements, the Contractor must ensure that Subcontractors maintain the appropriate facility clearances.

In accordance with DOS policies, the Contractor shall ensure that personnel have the required clearances prior to contract performance. The Contractor shall ensure that all personnel meet the approved criteria and satisfactorily complete all screening and selection process require-ments. The Contractor needs to follow its own internal vetting process to ensure there is a reas-onable expectation that their employees can obtain the security clearance necessary for contract performance.

The Contractor shall ensure that all personnel assigned in support of this contract are trained and indoctrinated in the absolute requirement to maintain and be sensitive to operational secur-ity at all times.

Subcontracting The Contractor must notify DS/IS/IND and the Contracting Officer of any and all subcontracts before the subcontractor begins contract performance. The Contractor shall obtain for the De-partment an Organizational Conflict of Interest Disclosure Statement or Representation from each intended Subcontractor or consultant.

The Contractor shall not enter into any subcontract nor engage any consultant unless the CO shall have first notified the Contractor that there is little or no likelihood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

A Subcontractor performing on this contract is subject to the same FCL and security vetting re-quirements as the Prime Contractor, when subcontractor personnel require access to classified material or to areas where access to classified information cannot be precluded.

All DD Forms 254 for proposed subcontractors shall be forwarded to DS/IS/IND for certifica-tion and generation by DS/IS/IND prior to issuance to the subcontractor and prior to access to any classified information or controlled access area (CAA spaces). All requests for subcon-tractor DD Forms 254 shall be forwarded to DSIND_PSD@state.gov. DD Forms 254 issued by DS/IS/IND will be forwarded to the prime for distribution to subcontractors. Contractors are not authorized to issue their own subcontract DD Forms 254.

The Contractor must notify DS/IS/IND and the Contracting Officer within two (2) business days when a subcontractor is no longer performing on this contract.

Terminations, Resignations and Cancellations The Contractor shall notify the CO, COR, Program Office and DS/IS/IND when an employee or subcontractor employee is no longer performing on the contract. The individual’s access will be cancelled and, if an investigation is still pending, the investigation will be cancelled. All USG identification media shall be returned to the issuing office or RSO upon an individual's de-parture from the contract.

Adverse Information The Contractor shall immediately submit to the CO, COR, Program Office and DS/IS/IND a complete and detailed report of any adverse information pertaining to any employee or subcon-tractor employee assigned to this contract, in any capacity, regardless of whether the employee is removed from contract performance.

H-031 – 2: ASSIGNMENT OF CONTRACTOR PERSONNEL

All U.S. citizen personnel performing on this contract shall possess up to TOP SECRET with SCI Personnel Security Clearance (to be determined by COR) issued by the Defense Security Service (DSS) prior to contract performance.

Personnel Security Clearance investigations will be conducted by the Defense Security Service (DSS). Only U.S. citizens will be processed for personnel security clearances. The contractor Facility Security Officer will be required to certify employee investigative data to DoS, DS/ IS/IND in the form of a Visit Authorization Request (VAR), submitted to the Bureau of Diplo-matic Security, DS/IS/IND, via email to DSIND_PSD@ state.gov IAW the DD Form 254, De-partment of Defense Contract Security Classification Specification. A VAR is valid for 12 months. A renewal VAR must be submitted 30 days prior to current VAR expiration for as long as the individual is continually performing on contract. Update VARs are required when cleared personnel have a change to access level. A VAR cancellation must be submitted when cleared personnel are no longer performing on contract or no longer require access to classi-fied. The Facility Security Officer (FSO) shall submit VAR cancellations within 72 hours of contract departure to DSIND_PSD@state.gov.

Contractor personnel shall not perform on this contract until their security clearance has been is-sued. If possible, an interim security clearance will be issued. An interim security clearance is acceptable for initial contract performance. If, at any time, the Interim clearance is withdrawn, the contractor employee must be removed from contract performance immediately and at no cost to the Government until such time as a final favorable determination has been made.

(end of clause)

H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is dis-covered after award, the Contractor will make a full disclosure in writing to the Contracting Of-ficer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(end of clause)

H-033 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased because of its past, present, or currently planned interests (financial, contractual, or-ganizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively re-ferred to as "Contractor") in the activities covered by this clause as a prime contractor, subcon-tractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical consulting and management support services.

(i) The Contractor shall be ineligible to participate in any capacity in De-partment contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem dir-ectly from the Contractor's performance of work under this contract for a period of three years after completion of this contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any technical consulting or management support ser-vices work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their develop-ment or marketing.

(ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Con-tractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the re-striction in this subparagraph shall not apply.

(2) Access to and use of information.

(i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approv-al from the Contracting Officer it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or other-wise made available to the public; or (d) release such information unless such information has previously been released or otherwise made available to the public by the Department.

(ii) In addition, the Contractor agrees that to the extent it receives or is giv-en access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, or financial information under this contract, it shall protect this information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(iii) The Contractor shall have, subject to patent, data, and security provi-sions of this contract; the right to use technical data it first produces under this contract.

(c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of in-terest is discovered after award, the Contractor will make a full disclosure in writing to the Con-tracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this para-graph (d), in all subcontracts of any tier which involve performance or work of the type spe-cified in subparagraph (b)(1) of this clause or access to information of the type covered in sub-paragraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organiza-tional Conflict of Interest Disclosure Statement or Representation from each intended subcon-tractor or consultant. The Contractor shall not enter into any subcontract nor engage any con-sultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likelihood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

(e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresent-ation of any relevant facts required to be disclosed concerning this contract, the Government may terminate the contract for default, disqualify the Contractor for subsequent related contrac-tual efforts and pursue such other remedies as may be permitted by law or this contract.

(f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contract-ing Officer and shall include a full description of the requested waiver and the reasons in sup-port thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing.

(g) Modifications. Prior to any contract modification (except for the exercise of options) which

(1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Or-ganizational Conflict of Interest Certification and Disclosure.

(end of clause)

Section I- Contract Clauses

Clause Title

52.204-2 Security Requirements (Aug 1996)

52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

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

Other Covered Entities (Jul 2018)

52.227-14 Rights in Data - General (May 2014)

52.232-1 Payments (Apr 1984)

52.232-22 Limitation Of Funds (Apr 1984)

52.237-3 Continuity Of Services (Jan 1991)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND PROCEDURES (FEB 2015)

a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcon-tracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or in-formation systems.

(b) The DOS Personal Identification Card Policy and Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of per-formance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written no-tice to the Contractor within 14 days of contract end date.

(End of clause)

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (SEP 2007)

(a) General. The Contractor shall be responsible for information technology (IT) security, based on Department of State (DOS) risk assessments, for all systems connected to a Department of State (DOS) network or operated by the Contractor for DOS, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOS's information that directly supports the mission of DOS. The term "information technology", as used in this clause, means any equipment, including telecommunications equipment, that is used in the automatic ac-quisition, storage, manipulation, management, control, display, switching, interchange, transmission, or recep-tion of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include:

(1) Hosting of DOS e-Government sites or other IT operations;

(2) Acquisition, transmission, or analysis of data owned by DOS with significant replacement cost should the Contractor's copy be corrupted; and

(3) Access to DOS general support systems/major applications at a level beyond that granted the general public;

e.g., bypassing a firewall.

(b) IT Security Plan. The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT re-sources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor's IT Security Plan shall comply with applicable Federal laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002, and the E-Government Act of 2002. The plan shall meet IT security requirements in accord-ance with Federal and DOS policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to:

(1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources;

(2) National Institute of Standards and Technology (NIST) Guidelines (see NIST Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information Technology systems (http://csrc.nist.gov/publications/nistpubs/800-37/SP800-37-final.pdf); and

(3) Department of State information security sections of the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) (http://foia.state.gov/Regs/Search.asp), specifically:

(i) 12 FAM 230, Personnel Security;

(ii) 12 FAM 500, Information Security (sections 540, 570, and 590);

(iii) 12 FAM 600, Information Security Technology (section 620, and portions of 650);

(iv) 5 FAM 1060, Information Assurance Management; and

(v) 5 FAH 11, Information Assurance Handbook.

(c) Submittal of IT Security Plan. Within 30 days after contract award, the Contractor shall submit the IT Secur-ity Plan to the Contracting Officer and Contracting Officer's Representative (COR) for acceptance. This plan shall be consistent with and further detail the approach contained in the contractor's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer and COR, shall be incorporated into the contract as a compliance docu-ment. The Contractor shall comply with the accepted plan.

(d) Accreditation. Within six (6) months after contract award, the Contractor shall submit written proof of IT se-curity accreditation for acceptance by the Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with NIST Special Publication 800-37.

This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assess-ment, security test and evaluation, and disaster recovery/continuity of operations plan. The Contractor shall comply with the accepted accreditation documentation.

(e) Annual verification. On an annual basis, the Contractor shall submit verification to the Contracting Officer that the IT Security plan remains valid.

(f) Warning notices. The Contractor shall ensure that the following banners are displayed on all DOS systems (both public and private) operated by the Contractor prior to allowing anyone access to the system:

Government Warning

**WARNING**WARNING**WARNING**

Unauthorized access is a violation of U.S. law and Department of State policy, and may result in criminal or ad-ministrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOS information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorize Department officials. Use of this system constitutes con-sent to such monitoring.

**WARNING**WARNING**WARNING**

(g) Privacy Act notification. The Contractor shall ensure that the following banner is displayed on all DOS sys-tems that contain Privacy Act information operated by the Contractor prior to allowing anyone access to the system:

This system contains information protected under the provisions of the Privacy Act of 1974 (Pub. L. 93-579).

Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure.

Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.

(h) Privileged or limited privileges access. Contractor personnel requiring privileged access or limited privileges access to systems operated by the Contractor for DOS or interconnected to a DOS network shall adhere to the specific contract security requirements contained within this contract and/or the Contract Security Classification Specification (DD Form 254).

(i) Training. The Contractor shall ensure that its employees performing under this contract receive annual IT se-curity training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they…