19AQMM21R0234 P00001.pdf

19AQMM21R0234

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

07/07/2021

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

Gregory Moore

NAME

TEL.

mooregc2@state.gov

EMAIL

6. ISSUED BY OPEAQMCODE

Security Branch

OPE/AQM/DSCD/SB

Office of Acquisition (AQM) 1400 Wilson Blvd. (SA-14) Arlington, VA 22209

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM21R0234

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)

07/07/2021

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.)

In accordance with FAR 15.206 (a) Amending the Solicitation, this solicitation is amended to incorporate changes to applicable sections that were affected by the Questions and Answers.

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)

Richard B. Crum

(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

CGFS : : CGFS

Line Item Summary

Solicitation Number:

19AQMM21R0234

Contract Number: Title: Enterprise Vulnerability Scanning Solution

Date of Solicitation:

07/07/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001 Labor (FFP) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

002 CLIN 0002 Hardware (FFP) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

003 CLIN 0003 Software (FFP) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

004 CLIN 0004 Training (FFP) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

005 CLIN 0005 Travel (Cost Reimbursable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

1001 CLIN 1001 Labor (FFP) Option Year 1 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

1002 CLIN 1002 Hardware (FFP) Option Year 1 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

1003 CLIN 1003 Software (FFP) Option Year 1 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

1004 CLIN 1004 Training (FFP) Option Year 1 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

1005 CLIN 1005 Travel (Cost Reimbursable) Option Year 1 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

2001 CLIN 2001 Labor (FFP) Option Year 2 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

2002 CLIN 2002 Hardware (FFP) Option year 2 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

2003 CLIN 2003 Software (FFP) Option year 2 Type of Contract Pricing:

0.00 0.00 0.00

EA

Line Item Summary

Solicitation Number:

19AQMM21R0234

Contract Number: Title: Enterprise Vulnerability Scanning Solution

Date of Solicitation:

07/07/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

Doc Ref No:

Delivery Date FOB:

2004 CLIN 2004 Training (FFP) Option Year 2 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

2005 CLIN 2005 Travel (Cost Reimbursable) Option Year 2 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

3001 CLIN 3001 Labor (FFP) Option Year 3 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

3002 CLIN 3002 Hardware (FFP) Option Year 3 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

3003 CLIN 3003 Software (FFP) Option Year 3 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

3004 CLIN 3004 Training (FFP) Option Year 3 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

3005 CLIN 3005 Travel (Cost Reimbursable) Option Year 3 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

4001 CLIN 4001 Labor (FFP) Option Year 4 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

4002 CLIN 4002 Hardware (FFP) Option Year 4 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

4003 CLIN 4003 Software (FFP) Option Year 4 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

4004 CLIN 4004 Training (FFP) Option Year 4 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

4005 CLIN 4005 Travel (Cost Reimbursable) Option Year 4

0.00 EA

Line Item Summary

Solicitation Number:

19AQMM21R0234

Contract Number: Title: Enterprise Vulnerability Scanning Solution

Date of Solicitation:

07/07/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00

5001 CLIN 5001 Labor (FFP) Option Year 5 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

5002 CLIN 5002 Hardware (FFP) Option Year 5 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

5003 CLIN 5003 Software (FFP) Option Year 5 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

5004 CLIN 5004 Training (FFP) Option Year 5 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

5005 CLIN 5005 Travel (Cost Reimbursable) Option Year 5 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

6001 CLIN 6001 Labor (FFP) Option Year 6 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

6002 CLIN 6002 Hardware (FFP) Option Year 6 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

6003 CLIN 6003 Software (FFP) Option Year 6 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

6004 CLIN 6004 Training (FFP) Option Year 6 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

6005 CLIN 6005 Travel (Cost Reimbursable) Option Year 6 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

7001 CLIN 7001 Labor (FFP) Option Year 7 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00

Line Item Summary

Solicitation Number:

19AQMM21R0234

Contract Number: Title: Enterprise Vulnerability Scanning Solution

Date of Solicitation:

07/07/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

7002 CLIN 7002 Hardware (FFP) Option Year 7 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

7003 CLIN 7003 Software (FFP) Option Year 7 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

7004 CLIN 7004 Training (FFP) Option Year 7 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

7005 CLIN 7005 Travel (Cost Reimbursable) Option Year 7 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

8001 CLIN 8001 Labor (FFP) Option Year 8 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

8002 CLIN 8002 Hardware (FFP) Option Year 8 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

8003 CLIN 8003 Software (FFP) Option Year 8 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

8004 CLIN 8004 Training (FFP) Option Year 8 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

8005 CLIN 8005 Travel (Cost Reimbursable) Option Year 8 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

9001 CLIN 9001 Labor (FFP) Option Year 9 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

9002 CLIN 9002 Hardware (FFP) Option Year 9 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

9003 CLIN 9003 Software (FFP) Option Year 9 Type of Contract Pricing:

0.00 0.00

Line Item Summary

Solicitation Number:

19AQMM21R0234

Contract Number: Title: Enterprise Vulnerability Scanning Solution

Date of Solicitation:

07/07/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

Doc Ref No:

Delivery Date FOB:

9004 CLIN 9004 Training (FFP) Option Year 9 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

9005 CLIN 9005 Travel (Cost Reimbursable) Option Year 9 Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA

Section A - Solicitation/Contract Form

Clause Title Fill-ins

52.202-1 Definitions (Jun 2020)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

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

2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-2 Security Requirements (Mar 2021)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016)

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.222-29 Notification of Visa Denial (Apr 2015)

52.223-6 Drug-Free Workplace (May 2001)

Clause Title Fill-ins

52.223-10 Waste Reduction Program (Jun 2011)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec

2013)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.245-1 Government Property (Jan 2017)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD

POLICY AND PROCEDURES (FEB 2015)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED (AUG 1999)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020)

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND

ACCREDITATION (SEP 2007)

B-001 - OVERVIEW

The Cyber Protection (CP) program within the Department of State’s Bureau of Diplomatic Security, Directorate of Cyber and Technology Security, Office of Cyber Monitoring and Operations, Cyber Operations (DS/CTS/CMO/CO) Division manages a comprehensive portfolio of cybersecurity tools deployed to secure the Department of State’s (DOS) networks and data that will be supported by the technical refresh of the Department’s Enterprise Vulnerability Scanning Solution (EVSS).

The acquisition objective of EVSS is to acquire a new comprehensive contract solution that will incorporate elements of existing contract vehicles and add a new training component to ensure the most efficient execution of the solution that DOS requires to provide analysis, monitoring, reporting, configuration, as well as policy and device management, thus allowing continuity of services for the next ten-year period.

B-002 - SCHEDULE OF SERVICES AND PRICES (PRICING SPREADSHEET)

Pricing Spreadsheet (Reference Attachment 2)

B-003 - OVERTIME

a) Overtime is defined as time worked in excess of the number of hours in a normal workweek, pursuant to FAR 22.103-1 (Overtime).

b) Costs and fixed fees in this contract are based on a normal workweek of 40 hours (8 hours/day x 5 days/week) for performance inside the United States.

c) Payment for overtime must be authorized in advance of any Contractor employee’s performance of overtime and in writing by the Contracting Officer when the Contractor requests an overtime premium cost that exceeds $0.00. Such request shall be submitted in writing to the Contracting Officer and shall address each item under FAR 52.222-2(b) (Payment for Overtime Premiums).

d) Evidence showing the Contracting Officer’s approval shall be sent with each invoice on which overtime containing a premium cost that exceeds $0.00 is being billed.

e) While FAR 52.222-2(a) provides advance authorization for any Contractor employee’s performance of overtime when the overtime premium cost does not exceed $0.00, the Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs [reference FAR 22.103-2 (Overtime – Policy)].

f) Payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice. If the Contractor has such a policy or practice, the Government will not compensate the Contractor for overtime costs in accordance with such policy or practice.

g) Unless advance authorization has been granted pursuant to Section B.9(c), any Government payment for Contractor employee overtime will be made at the actual incurred straight-time hourly labor rate that the Contractor pays the Contractor employee and determined allowable by the Contracting Officer, pursuant to FAR 31.201-2 (Determining Allowability).

B-005 - TYPE OF CONTRACT

This is a hybrid contract that will consist of Firm Fixed Price (FFP), Cost Reimbursable (CR), and potentially Time & Materials or Labor Hours (LH) components. FFP is both feasible and practical for the hardware/software purchases, licenses, integration activities, program management, training deliveries, and technical support for the EVSS effort to include the support desk requirement. Due to the need for travel to various DOS facilities in the metropolitan Washington DC area, CR travel costs would be required.

In addition, T&M or LH pricing may be used, depending on the most efficient way to provide technical support and training deliveries presented in the technical approach of the winning contractor. If the Offeror utilizes T&M or LH pricing, please adjust Attachment 2 -Pricing template rev 07212021 to show the cost buildup in the "Wrap Fee calculation template" tab in accordance with the example provided. It is acceptable for the Offeror to submit a T&M or LH rate table for ad hoc technical support and technical deliveries not accounted for in the LOE hours submitted.

C-002 - PERFORMANCE WORK STATEMENT

Performance Work Statement (Reference Attachment 1)

C-003 - INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

(a) The Contractor shall perform this contract in accordance with its technical proposal dated [DATE] and any revisions thereto submitted in response to Solicitation No. [NUMBER].

(b) The Contractor's technical proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" clause in SECTION I of this contract. Under the "ORDER OF PRECEDENCE" clause, the Contractor's technical proposal shall follow "the specifications" in the order of precedence.

(end of clause)

D-001 - DATA PACKAGING REQUIREMENTS

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.

(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

(end of clause)

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-003 - PACKING OF SUPPLIES FOR DOMESTIC SHIPMENT

Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe delivery at destination.

(end of clause)

D-004 - PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the following 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 number, 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 supplies are found to be defective.

(end of clause)

E-001 - QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the Contracting Officer’s Representative;

however, other activities may be called upon to support this effort as required. The Contracting Officer’s Representative or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspection results. Successive months of unsatisfactory performance may result in other appropriate action(s) by the Contracting Officer in accordance with the Inspections clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of the FAR.

Methods of Surveillance: The Government may use a variety of surveillance methods to evaluate the Contractor’s performance.

These include, but are not limited to, random sampling of recurring services, periodic surveillance of the Contractor’s quality control program and audit of financial statements and customer complaints.

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

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time--

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-6 - Inspection-Time-and-Material and Labor-Hour (May 2001)

(a) Definitions. As used in this clause- "Contractor's managerial personnel" means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

"Materials" includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph

(h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor- Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

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

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

52.246-16 - Responsibility for Supplies (Apr 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

F-006 - PERIOD OF PERFORMANCE

The term of this contract is one base period and nine option periods, if exercised. Each option period may be exercised with performance periods up to twelve months. This is not a multi-year contract as defined by FAR Part 17.1.

Base Period: Date of Contract Award (DCA) through 12 months Option Year One: 12 months after DCA through 12 months Option Year Two 24 months after DCA through 12 months Option Year Three: 36 months after DCA through 12 months Option Year Four: 48 months after DCA through 12 months Option Year Five: 60 months after DCA through 12 months

Option Year Six: 72 months after DCA through 12 months Option Year Seven: 84 months after DCA through 12 months Option Year Eight: 96 months after DCA through 12 months Option Year Nine: 108 months after DCA through 12 months

The CO can extend the term of the contract for an additional six months in accordance with FAR 52.217-8, Option to Extend Services clause contained in Section I of this contract. In the event the Option to Extend Services clause is exercised by the Contracting Officer (CO), the Contractor shall provide the services at the same billable rates as the previous performance period.

(end of clause)

F-007 - PLACE OF PERFORMANCE

The principal place of performance for this contract shall be the Beltsville Information Management Center (BIMC SA-26 8101 Odell Road, Beltsville, MD 20705) along with other Government facilities to be determined through contract execution. Requirements for domestic and/or international travel will be specified during the execution of the contract.

(end of clause)

F-012 - LIQUIDATED DAMAGES - SUPPLIES, SERVICES OR RESEARCH AND DEVELOPMENT (Sep 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of the rate of the highest paying labor category times eight (8) hours per calendar day of delay or the highest priced supply times one (1) per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

F-013 - DELIVERABLES

The Government does not waive its right to request deliverables under the contract, even if such requirements are not specifically listed in the table below.

Identifier Deliverable Description Timeframe/

Delivery Method D0001 Kick Off Meeting Contractor will outline project objectives and provide orientation on implementation and solution.

Within 10 days of award

D0002 Discovery Session Conduct on-site discovery session with designated Government Task Manager (GTM) to gather needed details for furnishing deliverable D0003.

Within 10 business days of Kick Off meeting

D0003 Solution Project Plan, Schedule & Milestones

Post-discovery project plan & milestones, schedule, and resources plan.

Within 15 business days of Discovery Session

D0004 Project Status Report Status report identifying activities and work completed, progress against plan, and risk management.

List supporting resources, updated timelines, and remaining tasks.

Weekly

D0005 Monthly Roll-up Report Monthly roll-up of weekly project status reports.

Monthly by the

5th day of the month D0006 System Delivery Delivery of total solution, including all software and license keys, RMA processes, Warranties, terms of service, complete maintenance support plan, and product literature.

At completion of contractor integration

D0007 Solution administration documentation

Solution administrative documentation.

At completion of contractor integration

D0008 Solution diagrams Physical and logical solution diagrams.

At completion of contractor integration

D0009 Solution training course Provide training to specified personnel.

Within 30 days of completion of contractor integration

D0010 Training schedule Coordinated schedule of training classes.

At completion of contractor integration

D0011 Training package All training materials, including videos, reference sheets, URL for updated FAQs, course manuals.

At training course

D0012 System Health Check Report

System optimization, performance and health check report, including recommendations.

Monthly to begin at completion of contractor solution integration

D0013 Technology Lifecycle Management Plan

Report describing how technology will be refreshed and phased in at end of supported life.

Initial plan submitted with Project Plan; Annual Updates.

Annual updates from time of contract award.

D0014 Subcontracting Plan and Report

Provides details on all subcontracting arrangements and processes.

Annual updates from time of contract award.

D0015 IT Security Plan Describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract

Annual updates from time of contract award.

G-002 - CONTRACT ADMINISTRATION DATA

This contract will be administered as follows:

Primary Contracting Officer (CO):

Richard Crum Department of State Office of Acquisition Management

A/OPE/AQM/DSCD/SB SA-14

1400 Wilson Boulevard Arlington, VA 22209 Office: (703) 875-6288

Contracting Officer’s Representative (COR):

Randell Adkins Department of State

DS/CTS/CMO SA-20

1801 North Lynn Street Arlington, VA 22209

(end of clause)

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 position 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, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is Randell Adkins, Program Lead - Procurement & Acquisitions.

(End of clause)

INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE OF THE INVOICE PROCESSING PLATFORM (IPP).

(a) Definitions. As used in these instructions

(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”

(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.

(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

[End of instructions]

G-003 - MEETINGS

Throughout performance of this contract, the Government may require attendance and participation of the Contractor's corporate or indirect executive leadership in meetings within the metropolitan Washington DC area, along with other domestic locations, if necessary, at no additional cost to the Government.

Program Office meetings provide a platform for Contractors and Department representatives opportunity to communicate or resolve issues, discuss business and marketing opportunities, review future and on-going Department initiatives, and to address basic contract requirements.

The Government may hold meetings on a quarterly basis via video, teleconferencing or other means of holding meetings at a government facility or a mutually agreed-upon contractor facility or third-party location as needed on a rotational basis. The participants at these meetings shall include Contractor and Department of State COR, GTM, CO or other representatives to include other third-party consultant contractors.

G-004 - PERFORMANCE REVIEWS AND CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

The Contracting Officer and COR will evaluate contractor performance throughout the period of performance and will provide a summary on an annual basis in accordance with the criteria under FAR subpart 42.15. The Contractor is required to ensure a designated point of contact will assist the CO and COR in making past performance assessments in the Contractor Performance Assessment Reporting System (CPARS).

CPARS past performance evaluations pertaining to the contract will reside in the Department of Defense managed CPARS system at www.CPARS.gov. The CPARS process includes procedures for collecting and using Past Performance information, and is the Government's single, mandatory source for collecting and reporting Contractor performance. Contractor's will be required to review and respond in CPARS to their Contractor performance assessments. Reports assess a contractor's performance, both positive and negative, and provides a record on a given contract during a specified period of time. Contractor access and login instructions to review and comment on a Contractor Performance Assessment Report are available atwww.CPARS.gov.

G-005 - SUBCONTRACTORS

The Government will pre-approve subcontractors when making the award of this contract. In addition, any and all subcontractors must be updated on the DD-254 form under this contract and comply with DS/IS/IND requests for information and cooperation prior to performance.

G-006 - FINAL INVOICE

The Contractor shall specifically identify the last invoice as the “Final Invoice.” The final invoice shall include the remaining amounts claimed to be due under the contract. It shall include a certification that all subcontractors, suppliers, and consultants have been paid (or will be paid upon Contractor’s receipt of payment), and that all Government Furnished or Contractor Acquired Property has been disposed of in accordance with COR direction. This includes return of all ID badges, keys, and any other Government furnished property. A full and accurate inventory, accounting for all lost, stolen or damaged property must also be furnished to the COR before final payment is authorized. The final invoice shall include the Contractor’s Release of Claims.

H-032 - ORGANIZATIONAL CONFLICT OF INTEREST - General

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 discovered after award, the Contractor will make a full disclosure in writing to the Contracting 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.

(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.

SPECIFIC

(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, organizational, 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 referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, 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 Department contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this contract.