19AQMM20R0043 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

-DOH8

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

12/12/2019

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

Keith Westry

NAME

703-516-1964

TEL.

westryk@state.gov

EMAIL

6. ISSUED BY LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM20R0043

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)

12/10/2019

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 __2__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.)

The purpose of this Amendment is to update H1. of the solicitation.

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)

Keith Westry

(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

12/12/2019

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

19AQMM20R0043

Table of Contents

Section Description Page Number

H Special Contract Requirements Section H Special Contract Requirements Section H Special Contract Requirements

Line Item Summary

Solicitation Number:

19AQMM20R0043

Contract Number: Title: National Foreign Affairs Training Center Bldg B

Date of Solicitation:

12/12/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Section H- Special Contract Requirements

Clause Section H Special Contract Requirements was deleted or updated.

Section H Special Contract Requirements

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered 652.XXX… Are Department of State Acquisition Regulation (DOSAR) Clauses.

H.1 SPONSORSHIP

Sponsorship begins once an uncleared Vendor is identified as the contract awardee. Classified access cannot be granted until the un-cleared Vendor obtains the required FCL eligibility. A period of 90 days from the date of the issuance of the RFP will be allowed for the uncleared firm to obtain the necessary FCL. DOS sponsorship does not guarantee that the Offeror will receive the FCL, nor that it will be received within the 90-day period. No contract can be awarded until at least a Final Secret FCL has been granted. The Gov-ernment will not be obligated to extend its solicitation schedule, or to make an award to a sponsored firm, if that firm has not been is-sued a Final Secret FCL/PCL.

H.2 DOSAR 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015) (Reference DOSAR 637.110(c))

(a) The Department of State observes the following days as holidays:

New Year’s Day Martin Luther King’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed;

if it falls on Saturday the preceding Friday is observed. Observance of such days by Government personnel shall not be cause for addi-tional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Govern-ment facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the con-tracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanti-cipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contract-or is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such ex-cused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a re-imbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors account-ing policy.

H.3 INSURANCE

H.3.1 Amount of Insurance.

H.3.1.1 The Contractor’s attention is directed to Section I, 52.228-5, “Insurance - Work on a Government Installation” (see Section/ Paragraph I.43). As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Con-tractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

H.3.1.2 General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury).

1. Bodily Injury on or off the site stated in US Dollars:

Per Occurrence $ 500,000 Cumulative $1,500,000

2. Property Damage on or off the site in US Dollars:

Per Occurrence $ 40,000 Cumulative $ 100,000

3. Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $ 200,000 per person

$ 500,000 per occurrence

H.3.1.3 The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of in-surance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

H.3.2 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incident to the Contractor’s performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

H.3.3 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.3.4 Government as Additional Insured. The general liability policy required of the Contractor shall name “the United States of America, acting by and through the Department of State”, as an additional insured with respect to operations performed under this contract.

H.3.5 Insurance-Related Disputes. Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, “Disputes”. However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.3.6 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this con-tract within thirty (30) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contract-ing Officer, may result in rescinding or termination of the contract by the Government.

H.4 BOND REQUIREMENTS

H.4.1 Bid Guarantee (Sep 1996): FAR 52.228-1

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

H.4.2 Bonds Required. The Contractor shall furnish (1) performance and payment bonds in accordance with FAR 52.228-15, in the amount of 100% of the contract price for the performance bond and 100% of the contract price for the payment bond, or (2) compar-able alternate security approved by the Government as authorized and in accordance with Federal Acquisition Regulation (FAR) Sec-tion/Part 28.204, Alternatives in Lieu of Corporate or Individual Sureties. The amount for all required bonds shall be based on the es-tablished contract price.

NOTE: The minimum value of the irrevocable letters of credit (ILC) shall be 25 percent of the contract value for each ILC. A separ-ate ILC is required for each bond. Only federally insured financial institutions rated investment grade or higher shall issue or confirm the ILC. See FAR 28.204-3, Irrevocable Letter of Credit (ILC), for further information; and Section J for an example of an ILC.

H.4.3 Time for Submission. The Contractor shall provide the bonds required by paragraph H.4.2 thirty days after contract award.

Failure to timely submit (1) the required bonds other security acceptable to the Government; (2) bonds from an acceptable surety; or

(3) bonds in the required amount, may result in rescinding or termination of the contract by the Government. Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, “Default (Fixed-Price Construction) (see Sec-tion/Paragraph I.153).

H.4.4 Coverage. The bonds or alternate performance security shall guarantee the Contractor’s execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

H.4.5 Duration of Coverage. The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government, at which time the penal sum of the performance security only shall be reduced to 10% of the contract price. The performance security shall remain in effect for one year after the date of final completion and accept-ance, and the Contractor shall pay any premium required for the entire period of coverage. The requirement for payment security ter-minates at final acceptance.

H.5 DIPLOMATIC SECURITY REQUIREMENTS:

***The Contractor shall include the substance of H.5, H.6, H.8, and H.9 in all subcontracts.***

H.5.1 General This contract includes security provisions which require a Contract Security Classification Specification, DD Form 254, issued by the Bureau of Diplomatic Security, Industrial Security Division (DS/IS/IND). Issuance of the DD Form 254 is contin-gent on the Contractor’s obtaining and maintaining a Defense Counterintelligence and Security Agency (DCSA) Secret facility clear-ance. Loss or Invalidation of the prime contractor’s facility clearance may result in termination of the contract for default. (See J.3.1, Division 1, Section 01541 “Security Specifications FSI – Building B Project”)

H.5.1.1 A facility security clearance at the SECRET level is required for contract performance in accordance with the Contract Secur-ity Classification Specification, DD Form 254, attached to this contract.

H.5.1.2 Since it will be necessary for Contractor personnel of Designated Trades to have access to classified material and/or to enter into areas requiring a security clearance, Contractor employee of Designated Trades in accordance to the project’s Security Specifica-tion 01541 for Building “B” Project must have a SECRET personnel security clearance issued by the Defense Counterintelligence and Security Agency (DCSA, formerly DSS) prior to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change. Uncleared performance of Designated Trades in accordance to the project’s Security Specification 01541 for Building “B” Project is authorized by the COR or Government Project Manager to perform only on unclassified portions of the contract and/or in areas not requiring cleared access. Contractor personnel that do not re-quire a personnel security clearance but need access to DOS space must have a favorable check on file with DOS prior to receiving ac-cess to DOS buildings/work sites.

H.5.1.3 The Contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities in accordance with Bureau of Diplomatic Security Instructions.

H.5.1.4 Performance of this contract shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification and FAR 52.204-2 "SECURITY REQUIREMENTS."

H.5.1.5 Classified material received or generate in the performance of this contract shoal be safeguarded and dispose on in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

H.5.1.6 Reference DOSAR 652.204-70. The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilit-ies, or information systems. The DOS Personal Identification Card Issuance Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm

H.5.2 US Citizen Pre-Deployment Vetting and Contractor Country Clearance Requests

H.5.2.1 Vetting US Contractors: For prime and subcontractor U.S citizens who will deploy to the project site, the Contractor shall sub-mit personal information to the COR at least 14 days prior to deployment to site.

H.5.2.1.1 As this contract does not require security clearances, the SSM/SSC will coordinate conduct of National Criminal Informa-tion Center (NCIC) checks. Unfavorable results will be evaluated by the COR, in coordination with DS/IS/IND. Personnel whose NCIC check reflects unfavorable results may be denied access to the site.

The contractor shall submit the following information to the COR at least 14 days prior to deployment to site:

Full Name of Uncleared Personnel Place and Date of Birth Current Address Social Security Number Passport Number

If the COR, in coordination with DS/IS/IND, determine that an individual should be denied deployment authorization/access to the site, the Contractor will be notified immediately. Examples of unfavorable NCIC results for which an individual might be denied de-ployment authorization/access to the site include, but are not limited to; outstanding warrants, conviction for grievous crimes, multiple arrest records, conviction on drug charges, or a pattern of delinquent behavior which might be detrimental to site operations and/or se-curity.

H.5.2.1.2 For contractor personnel who possess Defense Counterintelligence and Security Agency (DCSA) personnel security clear-ances, the contractor may submit investigative data to the COR. This data can be obtained via the DCSA Joint Personnel Adjudication System (JPAS). Investigative data provided to the COR will be verified by DS/IS/IND. Personnel whose favorable, in-scope, invest-igative data is verified by DS/IS/IND shall not be required to have separate National Criminal Information Center (NCIC) checks con-ducted.

H.5.2.2 Reserved

H.5.3 Assignment of Non-U.S. Citizens U.S. prime Contractors and U.S. Subcontractors that desire to assign non-U.S. citizens to unclassified portion of this contract in the United States must obtain prior written approval from DS/IS/IND. Contractors must provide information regarding the non-U.S. cit-izen including full name, date and place of birth, country of citizenship, country where passport is issued, passport number, date of is-sue and expiration and description of services to be provided.

Citizens of countries listed below may not be assigned to perform on this contract in any capacity. DOS reserves the right, in its sole discretion, to determine suitability of contractor personnel to work on design, construction and other diplomatic facilities contracts.

• Belarus

• Cuba

• Hong Kong

• Iran

• North Korea

• Peoples Republic of China

• Russia

• Venezuela

• Vietnam

H.5.4 Foreign Subcontractors Contractor selection of host and third country national subcontractors must be approved by DOS in advance of their final selection. In-formation concerning potential foreign subcontractors must be submitted to the COR. In reference to construction work, information must be submitted to the COR at least forty (40) days before the start of site activities by the foreign subcontractor.

One submission required:

Construction: 40 days before start of site activities by the foreign subcontractor.

H.5.4.1 Security Screening of Foreign Subcontractors for Site Work Foreign subcontractors will be subject to security screening procedures as required by the COR. Government denial of subcontractors for security reasons can be made without providing the rationale for the denial. SSMs/SSCs/RSOs will take into consideration whether proposed companies and/or their management have undesirable associations with terrorist, mafia or organizations/governments which are “hostile to the U.S.”, do not have good standing in the local business community, are owned or operated by those on the Prohibited Countries List, or any other security concerns.

H.5.4.2 Required Information: Potential foreign subcontractors will be required to furnish the following information:

Complete names, nationality, date and place of birth, citizenship and position/title (if appropriate) of:

all individuals having ownership of the firm;

all key officers of the firm;

all key officers who will work on this project;

Complete business address and telephone number;

A listing of all major projects in which the firm was involved during the past 3 years;

A listing of all projects involving the firm outside of the country in which the firm is based, for the past 5 years.

Contractor's base country and base country identification number, if any.

H.5.4.3 Non-US firms owned or operated by firms or citizens on the Prohibited Countries List, will not be approved for use in any ca-pacity on OBO projects. US-based firms, branch offices, or subsidiaries, which are owned by firms or citizens on the Prohibited Countries List, will not be approved for use in any capacity on OBO projects.

H.5.5 Information Shared with Local/Host Country Government Agencies The Contractor, if required to share information with local government agencies, shall ensure that SBU/NOFORN (No Foreign Dis-semination) is not disclosed. Any project information to be shared to government agencies must be approved by the COR prior to ini-tial release. Drawings depicting interior layouts shall be sanitized of SBU labels and shall be sanitized to “egress” equivalent level.

Spaces shall only be identified using the terms office, reception area, corridor, restroom, mechanical spaces, support space, etc. Draw-ing packages should include only those sheets necessary to meet the requirements of the requesting host country agency. Full Set A drawing packages should never be provided. Unclassified and SBU markings shall be replaced with “Not for Public Release” and the following should appear on every sheet: “WARNING: This document is the property of the U.S. Government. Further reproduction and/or distribution is prohibited without the express written approval of: U.S. Department of State, ATTN: Fill this in with appropriate COR. The Contractor shall not make any commitments regarding what information will be provided by the U.S. Government or the Contractor for the purpose of obtaining local approvals, including, but not limited to, permits, waivers, insurance, etc.

If required to submit a building permit application package (or any other documentation which requires release of drawings) to the local government, the contractor shall first submit a sanitized Set A drawing package to the COR specifically for review to ensure ap-propriate sanitization of drawings. A cover sheet or attachment containing the following language must be signed by the permitting agency prior to provision of the approved sanitized drawing package:

- Information related to US diplomatic facilities is not authorized for public disclosure. It must be handled in a way that limits its ex-posure to persons who do not have a clear need to utilize the information. The US Government’s goal in restricting diplomatic facility planning and construction documents is to ensure the safety of the US citizens and locally employed staff who will work out of the fa-cility upon its completion, against the threat of terrorism or agencies hostile to the US or local governments.

- All documentation and plans submitted as part of the Building Permit Application are considered sensitive and should only be re-viewed by the authorities granting the building permit. These documents and plans may not be released to the public or outside the permitting authority without the express written approval of U.S. Department of State, (Fill in appropriate (COR). The transmission of any portion of this package via the Internet is strictly prohibited by the US Government.

H.5.6 Use of the Excerpts from the Classification Guide for Identification and Handling Sensitive But Unclassified (SBU) and SBU/ NOFORN (No Foreign Dissemination) Information. All documents, such as blueprints, drawings, sketches, notes, surveys, reports, photographs, exposed film, negatives, specifications, scopes of work, lists of Government Furnished Equipment and any other materi-al received or generated in conjunction with this contract shall be reviewed for identification of SBU and SBU/NORFORN informa-tion, which shall be marked and handled in accordance with the excerpts from the Security Classification Guide (SCG) Domestic Fa-cilities dated April 8, 2014 which are attached to the contract in J.1.1. These attachments identify the specific types of information as-sociated with diplomatic construction projects that must be protected as Sensitive But Unclassified, and describe the marking, hand-ling and transmission requirements for such information.

H.5.6.1 All documents associated with this construction project must be protected, transmitted, carried and stored through positive control at all times. Additionally, all SBU, SBU/NOFORN and unclassified, proposed and actual, construction documents will be marked with a prohibition against duplication or dissemination without prior approval from the COR.

H.5.6.2 The Contractor, and any associated subcontractors, will maintain a chain of custody log for each transport or dissemination of SBU materials outside their facility, whether they are transported domestically or overseas. The chain of custody log shall be avail-able for review by OBO or DS upon demand.

H.5.6.3 The Contractor shall ensure proper sensitivity identification, handling and transmission of all project documentation. The con-tractor shall be responsible for bearing any costs resulting from errors determined by Contracting Officer to be the fault of contractor mishandling, mislabeling of sensitivity or improper transmission of project information.

H.5.6.4 The Contractor and all Subcontractors must comply with all Department of State (DOS) requirements relating to the protec-tion of SBU and unclassified project information and cooperate fully in all security matters that may arise relating to this contract.

H.5.6.5 The loss, compromise, or suspected compromise or loss of any information (documents, notes, drawings, sketches, surveys, reports, exposed film, negatives, or photographs) or information which may adversely affect the security interests of the United States, must be immediately brought to the attention of the Contracting Officer (CO) or Contracting Officer’s Representative (COR) and DS/

IS/IND.

H.5.6.6 Reserved

H.5.7 Photographs taken at site Photographs of any facility must be authorized in advance by the COR, who will establish any controls, limits, and/or restrictions as necessary. No further dissemination, publication, duplication, or other use beyond that which was requested and approved is author-ized without specific, advance approval from DS. DS reserves the right to demand retention of all copies of said photographs and/or negatives, following fulfillment of the previously authorized usage.

H.5.7.1 Photographs to be published on company websites or any other public medium must be sent to the Contracting Officer for re-view by COR and DS prior to any posting or release. Any corresponding or related text to be included with photos shall also be provided to the CO at the same for review prior to any release. (see Section H.8).

H.5.8 Disposition and Retention of Project Information All SBU material, including copies and reproductions and SBU information stored on electronic media, received or generated in the performance of this contract, shall be returned to the CO upon completion of the project unless the material has been destroyed. SBU material shall be returned or destroyed within 120 days after final delivery of project drawings and specifications and any other ser-vices; or 120 days after completion or termination of the contract.

H.5.8.1 All unsuccessful bidders and/or prospective Subcontractors will be required to return or certify destruction of all SBU material to the CO within 30 days after the contract has been awarded, prime or subcontractor has been notified of non-receipt of award, or as otherwise directed by the Government.

H.5.9 Electronic Transmission Security

Transmission of Sensitive But Unclassified (SBU) information via the Internet is prohibited, in accordance with the excerpt from the Security Classification Guide (SCG) for Design and Construction of Domestic Facilities, and contract Section E.7.3. SBU informa-tion can be transmitted via ProjNet, US mail, GSA Schedule 48 commercial carriers or fax, or hand-carried by authorized contractor personnel.

H.5.9.1 When it is deemed necessary to take personal or contractor-owned laptops, Personal Digital Assistants (PDAs), smart phones (such as BlackBerrys), cell phones, digital cameras or any other electronic processing media to process or store any project informa-tion (on or off the site), the following guidelines must be adhered to:

H.5.9.2 THE ELECTRONIC PROCESSING MEDIA MUST BE ENCRYPTED USING any NIST approved product. (NIST ap-proved products can be found at http://csrc.nist.gov/groups/STM/cmvp/validation.html) An overwrite utility software must be used to remove all previous data in the following manner: A first overwrite pass using the number '1'; A second overwrite pass using the num-ber '0'; and a third overwrite pass using ANY character.

H.5.9.3 The COR may require review and approval of plans to hand-carry any electronic items onto or off the site. The contractor, and any subcontractors, who must bring electronic media onto the site, shall submit to the COR, in advance of arrival, the electronic equip-ment to be brought on site, the purpose of the electronic equipment, the approved encryption package (IAW H.5.8.2) on the equipment and the length of time the equipment will be on site. If advance notice of electronic equipment is not submitted to the COR, the COR may deny access of the equipment onto the site until the above listed information has been submitted and reviewed. Prior to approval of introduction of electronic equipment to the site for any reason, the COR may require a briefing acknowledgement to be signed.

H.5.9.4 Electronic media which contains project information MUST be hand-carried at all times. This equipment shall NOT be checked with luggage. It must remain in the carrier’s possession at all times. Any loss or compromise of electronic media containing project information must be reported to the COR and DS/IS/IND immediately.

H.5.9.5 Thumb drives, jump drives and other portable storage devices Downloading DOS project information at the site onto thumb drives, jump drives or other portable storage devices onto which project information can be downloaded, is prohibited unless specific-ally authorized in writing by the COR. Domestically, authorization must be obtained from the COR and DS/IS/IND. Requests to util-ize these portable storage devices must include certification that a NIST approved product (including the product name and version) will be utilized to encrypt the portable storage device. A listing of NIST approved products for these storage devices can be found at http://csrc.nist.gov/groups/STM/cmvp/validation.html). Authorized users must have an SSM briefing and sign a briefing acknow-ledgement regarding their responsibility to safeguard such media. Domestically, authorized users must be briefed by their FSO and sign a briefing acknowledgement regarding their responsibility to safeguard such media. Any loss or compromise of storage device containing project information must be reported to the COR and DS/IS/IND immediately.

H.5.9.5.1 Hardcopy SBU documents and drawings to be removed from the site The COR may require advanced approval to remove any SBU or unclassified drawings and documents from the site for the purpose of working off-site after hours. The contractor shall comply with site security requirements regarding removal of any DOS information.

H.5.10 Computer Equipment in Contractor Offices at the Site Contractor site office and all subcontractor site office individual computer hard-drives (including laptops) and server hard-drives must be encrypted using any product on the IT CCB list, or any NIST approved product (found at ht-tp://csrc.nist.gov/groups/STM/cmvp/validation.html). Contractor site office copiers, scanners and all other electronic media shall be password protected to prevent unauthorized use, access and downloading of SBU and project sensitive information by unauthorized users. Site offices containing computers, scanners, printers, hardcopy and electronic storage media shall be locked against unauthor-ized access when not in use. A copy of the keys to every office or space containing project information shall be available to the COR at all times.

H.5.10.1 Subcontractor site office computers, copiers, scanners and all other electronic media NOT owned and retained by the prime contractor, shall be sanitized of all project information upon completion of project, and/or prior to sale, re-use, or disposal, unless spe-cific approval for retention is obtained from the COR , through the prime contractor. Local subcontractors are not authorized to retain electronic project documentation after completion of the project without specific approval from the COR.

H.5.10.2 Information stored in computer drives shall be overwritten using commercially-available wiping software in the following manner:

Execute the wiping program against all files in storage. Once that is complete, overwrite the all remaining free space on the drive and then defrag the files on the drive.

H.5.10.3 Prime Contractor site office computers, copiers, scanners and all other electronic media destined for sale or disposal shall be sanitized of all project information prior to sale or disposal. Prime Contractor equipment destined for re-use on other DOS projects, or returned to Contractor’s facility do not have to be sanitized, but must be handled and shipped as SBU material.

H.5.10.4 CDs and other storage media which cannot be sanitized must be returned to the prime contractor’s facility for appropriate storage or destruction.

H.5.10.5 Completion of the above requirement regarding sanitization will be certified to the COR as part of the closeout procedures detailed in Division 1 Specifications (Temporary Facilities and Controls), and (Execution of Closeout Procedures).

H.5.10.6 If computers, scanners, copiers or other electronic media must be temporarily removed from the site for repair or other ser-vice, the COR shall be informed, in writing, prior to removal. The COR may require sanitization of all information from the equip-ment, or may implement other security requirements, such as escort of equipment while it is being serviced/repaired.

H.5.11 Project Generated Waste – Disposal/Destruction Plan

H.5.11.1 Domestic Contractor Facility The Contractor shall develop a waste paper disposal/destruction plan for all paper documents and drawings generated at the Contract-or’s facility. Waste paper includes any project documentation related to personnel matters, working papers, delivery schedules, vendor correspondence, project schedules, warranty and equipment manuals, any drawings regardless of sensitivity and all other project related paper. All paper produced at the Contractor’s facility shall be collected separately from refuse, garbage and material, and disposed of in accordance with the Contractor’s plan. Contractor shall provide appropriate means of disposal of up to Sensitive But Unclassified (SBU) information. All project-related paper waste must be destroyed by an NSA-approved cross-cut shredder, burned beyond reconstruction, or disintegrated. Project related waste paper must not be put into commercial trash containers for re-moval from facility.

H.5.11.2 Project Site The Contractor shall develop and submit to the COR a waste paper disposal/destruction plan for all paper documents and drawings generated at the site. Waste paper includes any project documentation related to personnel matters, working papers, delivery sched-ules, vendor correspondence, project schedules, warranty and equipment manuals, any drawings regardless of sensitivity and all other project related paper. All paper produced in Contractor and subcontractor’s site offices shall be collected separately from refuse, garbage and material, and disposed of in accordance with plan submitted to, and approved by, the COR. Contractor shall provide ap-propriate means of disposal of up to Sensitive But Unclassified (SBU) information. All project-related paper waste must be destroyed by an NSA-approved cross-cut shredder, burned beyond reconstruction, or disintegrated. Project related waste paper must not be put into commercial trash containers for removal from site. Contractor should also take care to appropriately dispose of sensitive packing material and boxes which indicate temporary or permanent technical security equipment installed at the site. Contract Division 1 Sec-tion 013550 requires the Contractor to provide two NSA approved shredders at the site.

H.5.11.3 SBU and unclassified project documentation may be hand-carried back to contractor facility for storage/disposal. Contractor shall maintain positive, personal control over documentation at all times.

H.5.12 Off-Site Offices (temporary offices, local subcontractor offices, etc.) If any project information (unclassified or SBU) will be stored at off-site locations (temporary offices, local subcontractor offices, etc.), the contractor must obtain written approval from the COR. Proposals to store any project information at off-site locations shall detail, at minimum, the following:

• the responsible party (prime, local subcontractor, vendor, etc.)

• the location of the office/space where information is to be stored

• the name, address and nationality of the landlord/lessor (space may not be leased from citizens/firms on the Prohib-ited Countries List)

• the method to be employed to secure SBU information when not in use (lockable containers to which only authorized project personnel have access)

• an emergency notification and reporting plan for suspected compromise of the premises, information, or any emer-gency such as fire or break-in.

H.5.12.1 Individual computer hard-drives (including laptops) and server hard-drives on which project information will be processed at off-site locations, must be encrypted using any product on the IT CCB list, or any NIST approved product (found at ht-tp://csrc.nist.gov/groups/STM/cmvp/validation.html), to preclude loss of information due to unauthorized access, theft or other emer-gency. Contractor off-site copiers, scanners and all other electronic media shall be password protected to prevent unauthorized use, ac-cess and downloading of SBU and project sensitive information by unauthorized users.

H.5.12.2 Off-site office computers, copiers, scanners and all other electronic media NOT owned and retained by the prime contractor, shall be sanitized of all project information upon completion of project, and/or prior to sale, re-use, or disposal, unless specific approv-al for retention is obtained from the COR, through the prime contractor. Subcontractors are not authorized to retain electronic project documentation without specific approval from the COR.

H.5.12.3 A plan must be developed for disposal/destruction of off-site project related waste paper, similar to the on-site plan specified in H.5.10, and shall be submitted to the COR for review. Project related waste paper must not be put into commercial trash containers for removal from off-site offices.

H.5.13 Reserved

H.5.14 Reserved

H.5.15 Removal of individual contractor employees for cause Misconduct or unsuitability documented by the COR, or by DS/IS/IND, may result in removal of a Contractor employee from site, or from contract performance at a domestic facility. This may include, but is not limited to, the following:

H.5.15.1 Notoriously disgraceful conduct, to include the solicitation of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another or to create the impression of gaining or giv-ing an improper favor.

H.5.15.2 Failure to report notoriously disgraceful conduct and/or non-compliance of other employees (DOS, contractor or foreign na-tional) in accordance with existing Post and Department of State policies and regulations.

H.5.15.3 Neglect of duty, unsatisfactory performance, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance/cooperate in upholding the integrity of the objectives of this contract.

H.5.15.4 Falsification or unlawful concealment, removal, mutilation or destruction of any document or record, or concealment of ma-terial facts by willful omissions from documents or records. Improper use of credentials, badges or official papers.

H.5.15.5 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Particip-ation in disruptive activities that interfere with the normal efficient operations of the worksite.

H.5.15.6 Theft, vandalism, immoral conduct, or any other criminal action under U.S. or host country law.

H.5.15.7 Selling, consuming or being under the influence of drugs, or other illegal substances that produce similar effects.

H.5.15.8 Abuse of alcohol.

H.5.15.9 Any evidence that would indicate that the individual is guilty of security violations including black market dealings, currency manipulation, violations of the post contact policy regarding criteria country nationals, espionage or treason.

H.5.15.10 Noncompliance with site/post security and reporting policies.

H.6 SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise utmost discretion in regard to all matters relating 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 to the extent necessary to perform their required duties in the performance of the contract re-quirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder.

The contractor shall notify the Contracting Officer if any legal dispute arises between the contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construc-tion or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The contractor hereby agrees to be responsible for all costs associated with the re-lease, whether authorized or unauthorized, of "Sensitive but Unclassified" or “Sensitive but Unclassified – NOFORN (No Foreign Dissemination) information for which the contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of "Sensitive but Unclassified" or “SBU NOFORN” information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of "Sensitive but Unclassified" or SBU/NOFORN information in legal disputes and/or costs which result from mitigation of the release of "Sensitive but Unclassified" or SBU/NOFORN information. This indemnity agree-ment made herein by the contractor includes all disputes with, between, and among the contractor and any party and the contractor's sub-contractors, to the lowest tier and any party. This agreement by the contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all subcontracts.

H.7 HANDLING OF SENSITIVE BUT UNCLASSIFIED - NO FOREIGN DISSEMINATION (SBU/NOFORN)

Blast criteria provided with this contract has been designated SBU/NOFORN (No foreign dissemination) and SBU/REL FVEY (Releasable to Five Eyes). The contractor shall choose a U.S. owned blast consultant whose "need to know" personnel must be U.S.

citizens. Additionally, all SBU/NOFORN material provided to the offerors shall be handled, stored, transmitted and returned to the Contracting Officer in accordance with Section J, Attachment J.1.1.

H.8 PUBLIC RELEASE OF INFORMATION

There shall be no public release of information or images concerning any aspect of the design, construction, or other services relating to this contract, or other documents resulting therefrom, without the written prior approval of the Contracting Officer. The contractor shall include the substance of this provision in all subcontracts hereunder.

H.9 DOCUMENTS - OWNERSHIP AND USE

H.9.1 Ownership and Use of Drawings, Specifications, Software, and Models.

H.9.1.1 Ownership. All drafts, revisions, and versions of specifications, drawings, software code, databases, and models (digital, tan-gible, and scale), and all copies thereof, generated in the performance of the Contract or furnished to the USG in the performance of the Contract (“Documents”) shall be and are the exclusive property of the Government.

H.9.1.2 Use and Return. Unless otherwise provided in the contract, the Documents shall not to be used by anyone on other work;

and, with the exception of the signed contractor set, all copies thereof shall be delivered to the USG upon or before final completion of the work under the Contract.

H.9.2 Supplemental Documents. The CO shall furnish from time to time such detailed drawings and other information as is con-sidered necessary, in the opinion of the CO, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Con-tract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents. Unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of con-tract performance period.

H.9.3 Record Documents. During the performance of the Contract work, the Contractor shall maintain at the project site a current, marked set of Contract drawings and specifications indicating all interpretations and clarifications, contract modifications, change or-ders, and any other departure from the Contract requirements approved by the CO, and a complete set of record shop drawings, product data, samples and other submittals as approved by the CO.

H.9.4 “As-Built” Documents. With the request for inspection for Substantial Completion, the Contractor shall provide complete sets of “as-built” drawings based upon the record set of drawings, marked to show the details of construction as actually accomplished, and record shop drawings and other submittals, in the number and form as required by the specifications. Final As-Built Documents sub-mittal shall be provided after Final Completion but before Final Acceptance and shall incorporate any additional changes.

H.10 REQUIREMENT FOR SHOP DRAWINGS

As defined at contract clause 52.236-21,…