273FCC18Q0020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

EBEC180011

5. SOLICITATION NUMBER

273FCC18Q0020

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/30/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Kadian.Ferguson

b. TELEPHONE NUMBER (No collect calls)

(202) 418-0137

8. OFFER DUE DATE / LOCAL TIME

08/13/2018 17:00:00

CODE CPC

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

EDWOSB

8(A)

NAICS: 33451

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

EBEDGCODE15. DELIVER TO

EB/EDG - Federal Communications Commission 3600 Hiram-Lithia Springs Rd, SW

POWDER SPRINGS, GA 30127

CODE CPC16. ADMINISTERED BY

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY Federal Communications Commission 445 12th Street, SW Room 1-A761 Washington, DC 20554

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Ferguson, Kadian 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 FAR) 53.21.2

FCC : : FCC

FCC : : FCC

Document Number: 273FCC18Q0020 Page 1 of 36

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 273FCC18Q0020 Page 2 of 36

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Nov 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.204-7 System for Award Management (Oct 2016) LOCAL-1 Security Requirements Suitability and Security Processing LOCAL-12 Contractor Promotional and Press Releases Relating to the Contract LOCAL-14 Hold Harmless and Indemnity Agreement LOCAL-16 Access to Nonpublic Information and its Release LOCAL-2 Limitation of Government's Obligation LOCAL-20 Representation By Bermudian and Cayman Islands Entities Regarding Prior Incorporation in the United States LOCAL-21 Section 503 of the Rehabilitation Act LOCAL-3 Post-Award Evaluation of Contractor Performance LOCAL-4 Contracting Officer's Representative (COR) LOCAL-6 Special Considerations Regarding Contract Performance 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.217-7 Option for Increased Quantity--Separately Priced Line Item (Mar 1989) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.247-48 F.O.B. Destination--Evidence Of Shipment (Feb 1999) 52.247-35 F.O.B. Destination, Within Consignee''s Premises (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 52.217-5 Evaluation of Options (July 1990) 52.217-4 Evaluation of Options Exercised at the Time of Contract Award (June 1988) LOCAL-17 Prohibition on Contracting with Inverted Domestic Corporations LOCAL-18 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) 52.212-2 Evaluation - Commercial Items (Oct 2014)

3 Documents, Exhibits, or Attachments

Document Number: 273FCC18Q0020 Page 3 of 36

Section 1 - Continuation Sheet

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 See Line Item Description 1.000000 EA

Period of Performance: 09/01/2018 - 08/31/2019

Description: Single sensor node with remote control hardware – First Article

• Complete compact system

• Single sensor node

• Remote access laptop

• All software

• Shipping

See Attachment 1. SOW

Reference Line: EBEC180011 - 0001

Pricing Options: Base

0002 See Line Item Description 5.000000 EA

Period of Performance: 09/01/2018 - 08/31/2019

Description: Remaining hardware to produce (2) complete 3 node systems

• Complete compact system

• 5 sensor nodes

• Remote access laptop

• All software

• Shipping

See Attachment 1. SOW

Reference Line: EBEC180011 - 0001

Pricing Options: Option

0003 See Line Item Description 3.000000 EA

Period of Performance: 09/01/2019 - 08/31/2020

Description: 3 Node portible, deployable, networked direction finding system

• Complete compact system

• 3 sensor nodes

• Remote access laptop

• All software

• Shipping

See Attachment 1. SOW

Reference Line: EBEC180011 - 0001

Pricing Options: Option

0004 See Line Item Description 1.000000 EA

Period of Performance: 09/01/2018 - 08/31/2019

Description: Training

• On site training for one week

• 5 staff members

• Train the trainer

See Attachment 1. SOW

Reference Line: EBEC180011 - 0001

Pricing Options: Base

Document Number: 273FCC18Q0020 Page 4 of 36

Section 2 - Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov [Insert one or more Internet addresses]

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov [Insert one or more internet addresses]

(End of provision) Clause Title Fill-ins

52.202-1 Definitions (Nov 2013)

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

52.204-7 System for Award Management (Oct 2016)

LOCAL-1 Security Requirements Suitability and Security Processing

1. General.

a. All Contractor personnel (sometimes rendered “contract personnel”) are subjected to background investigations for the purpose of suitability determinations. Based on their proposed duties, some Contractor personnel may also be required to have security clearance determinations. No Contractor personnel may be assigned to work on an FCC contract without a Favorable Preliminary Adjudication determination by the FCC Security Operations Center (SOC). This includes a review of the OF 306, Declaration for Federal Employ-ment (http://www.opm.gov/forms/pdf_fihl/of0306.pdf), or a written waiver from the SOC.

b. Suitability, waiver, and security clearance determination investigations are currently conducted through the SOC (202) 418-7884.

If required, the individual contract employee will be provided with a review process before a final adverse determination is made. The FCC requires that any Contractor personnel found not suitable, or who has a waiver cancelled, or is denied a security clearance, shall be removed by the Contractor during the same business day that the determination is made.

c. If the Contractor personnel is re-assigned and the new position is determined to require a higher level of risk suitability than the Contractor personnel currently holds, the individual may be assigned to such position on a temporary and conditional basis while the determination is reached by the SOC. A new FCC Form A-600, “FCC Contractor Record Form” shall be completed for the new posi-tion.

d. Contractor personnel working as temporary hires (for ninety (90) days or less), must complete and receive a Favorable Preliminary Adjudication determination by the SOC. This includes a review of the OF 306 and completion of the Contractor personnel section of the FCC Form A-600. If, during the term of employment, the Contractor personnel will have access to any FCC Network application, the personnel must complete the mandatory FCC Initial Security Awareness Training (provided by the FCC Information Technology Center) and complete and sign the FCC Form A-200, “FCC Computer System Application Access Form,” and FCC Form A-201, “Computer System User Rules of Behavior.”

Document Number: 273FCC18Q0020 Page 5 of 36

2. At Time of Contract Award.

a. The FCC Security Operations Center (SOC) must receive the completed and signed OF 306 for all proposed Contractor employees at the time of contract award. NOTE: The OF 306 must be signed/dated no earlier than 30 days from the contract award date. Re-sumes for all personnel proposed for assignment on the contract should be provided to the SOC prior to the time of the on-boarding process. The SOC requires a minimum of five (5) working days (from the date the forms are received) to process the OF 306 before any employee is allowed to begin work on the contract. A written waiver from the SOC may be obtained in special/extenuating cir-cumstances. All Contractor personnel, regardless of task description, must complete this form. Without an approved, completed OF 306 on file at the SOC, no contractor employee may begin work. An approved OF 306 is one that has resulted in a Favorable Prelim-inary Adjudication determination by the SOC. During the course of the SOC Preliminary Adjudication determination, the Contractor personnel may be interviewed by SOC staff regarding information on their OF 306 and shall cooperate on answering any questions asked or furnishing any written documents requested.

b. Additional Requirements for Non-U.S. Citizens. In addition to the OF 306 and A-600; the Contractor must provide the following information on all proposed contractor employees who are not U.S. Citizens, at the time of Contract Award;

(1) Copy of Proof of Legal Status in the U.S.; i.e., foreign passport w/visa, alien registration (Green Card), Permanent Resident Alien Identification Card, or other immigration document. NOTE: Document language must indicate the individual can work in the U.S.

(2) Sponsorship Letter from the Contracting Company identifying the individual as a Non-U.S. Citizen working for the Contracting Company.

(3) Copy of resume’ or other proof that the individual has been in the U.S. at least three (3) years (consecutively), prior to applying for the current FCC Contract position.

(4) A completed SF 85, Questionnaire for Non-Sensitive Positions. NOTE: At On-Boarding, Risk Designation determination may re-quire completion of SF 85P, Questionnaire for Public Trust Positions, or completion of SF 86, Questionnaire for National Security Po-sitions (e-QIP).

c. In addition, the Contractor is responsible for submission of completed, signed computer security forms for each employee prior to that person beginning work on the contract (in accordance with FCC Instruction 1479.4, FCC Cyber Security Program and its associ-ated Information Technology Center (ITC) Cyber Security Policy. These forms should be submitted to the FCC Cyber Security Pro-gram Office after the Contractor completes the mandatory FCC Initial Security Awareness Training.

d. The COR shall begin processing their section of the FCC Contract Personnel Record (FCC Form A-600) at this time. This form, with the COR and CO portions completed, will be distributed at the time of contract award and must be submitted to the SOC within ten (10) working days.

e. The Office of Personnel Management (OPM) will issue a Certification of Investigation (CIN) following the appropriate background investigation. The SOC will notify the COR and CO, and the contractor personnel of the Final Adjudication determination, and provide instructions depending on whether the Final Adjudication is favorable or unfavorable.

3. Identity Proofing, Registration and Checkout Requirements.

a. Locator and Information Services Tracking (LIST) Registration.

(1) The FCC Security Operations Center (SOC) maintains a Locator and Information Services Tracking (LIST) database, containing contact information for all Commission and Contractor employees, regardless of work location. The Contractor employee’s FCC Form A-600, “FCC Contractor Record Form” captures the information for data entry into the LIST system.

b. On-Boarding Process.

(1) Following the processing of the OF 306 and a Preliminary Favorable Suitability Adjudication determination (unless waived), the Contractor personnel shall report to the SOC for identity verification and access badge issuance on their first scheduled workday.

(2) All new Contractor personnel must be escorted to the SOC by either the COR or CO responsible for the contract. At this time, the Contractor personnel must present two (2) forms of identification; one of which must be a picture ID issued by a State or the Federal government. The other piece of identification should be the original of one of the following;

U.S. Passport (unexpired) Certificate of U.S. Citizenship (Form N-560 or N-561) Certificate of Naturalization (Form N-S 50 or N-S 70) School ID Voter Registration Card U.S. Military Identification Card

Document Number: 273FCC18Q0020 Page 6 of 36

U.S. Military Family Member Identification Card U.S. Coast Guard Merchant Mariner Card Native American Tribal Association documents U.S. Social Security Identification Card Certificate of Birth Abroad, (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate, bearing an Official Seal

(3) After identity verification, the individual shall complete the Fingerprint Card form, PD 258, the Fair Credit Report Act Form, and be photographed and issued the appropriate access badge.

(4) At this time the Contract employee will be given one of the following forms, based on the security risk designation for the pro-posed support position/classification, to complete and return to the SOC within seven (7) business days;

(5) Low Risk Positions – SF 85, Questionnaire for Non-Sensitive Positions.

(6) Moderate Risk Positions – SF 85-P, Questionnaire for Public Trust Positions.

(7) High Risk Position/Secret or Top Secret Security Clearances – Standard Form (SF) 86, Questionnaire for Sensitive Positions (FCC utilizes the automated e-QIP Program).

(8) For any Contractor employee whose name is provided to the Commission for security investigation at the Moderate- or High-Risk level, who subsequently leaves the subject contract due to Contractor or Contractor employee decision within the first year, the Con-tractor shall reimburse the Commission for the cost of the investigation. If the contract or task order is scheduled for completion in under one year and the Contractor employee for whom a security investigation has been done leaves prior to the work being com-pleted, the Contractor and the SOC shall agree on a pro-rated amount for reimbursement. The cost may range from approximately $400.00 (Moderate Risk) to $3,200.00 (High Risk). The Contractor will be provided a copy of the investigation invoice with the reim-bursement request.

c. Monthly Contractor Personnel Reports.

(1) The monthly report verifying Contractor personnel working at the FCC is a crucial element in the agency’s compliance with Homeland Security Presidential Directive (HSPD) 12. The format for the Monthly Contractor Report will be provided to the COR and CO. The Monthly Report is due to the SOC no later than the 3rd working day of the month following the reporting month. Ac-curate and timely reporting are required as part of the ongoing FCC access control efforts as mandated by HSPD-12 and Implementing Directives.

(2) The Contractor’s Program/Project Manager shall submit a Contractor personnel list to the SOC on the third working day of each month. This report shall be identified by the contract name and FCC Contract number, and shall list all the Contractor employees working at the FCC in the immediately previous month.

(3) The Report shall highlight or list in some way those individuals who are no longer employed by the Contractor or who are no longer working on the subject contract, as well as any additional Contractor personnel who have been successfully processed for work on the contract by the SOC since the previous report.

(4) The report shall be delivered electronically in MS Excel Format (as per example provided) as an Attachment to an E-Mail. The E- Mail should contain a statement of certification of accuracy and may originate with the Contract Program/Project Manager, but must be verified by the FCC COR for the Contract.

(5) No later than the 15th of each month, the SOC will notify the Contract Program/Project Manager, and the COR, to verify the Re-port was received on time, and whether there were any errors on the Report. Failure to submit the Report accurately, and on time, will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Contractor.

d. Departure/Checkout Processing.

(1) The Contract COR is the FCC POC for the departure/checkout process. The COR is required to send an e-mail to “Sign-Out” when a Contractor employee departs the FCC.

(2) This process verifies the access badge has been returned to the SOC by the Contractor personnel.

(3) If the checkout processing is not completed by the Contractor employee, the Contractor shall take action to ensure this action is completed no later than 30 calendar days after the employee’s departure from the FCC.

(4) Failure by the Contractor to properly out-process their personnel will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Contractor.

Document Number: 273FCC18Q0020 Page 7 of 36

(5) The Contractor shall be liable for any damages arising from a failure to ensure that the checkout processing occurs within the thirty

(30) calendar days of the Contractor employee’s departure from the FCC.

e. Cyber Security.

(1) The Contactor shall ensure that:

(a) All Contractor employees assigned to this contract, that are required by their duties to be issued an FCC Computer Network Ac-count, obtain, read, understand, and acknowledge compliance with the Policy and Procedures of FCC Instruction 1479.4, Cyber Secur-ity Program and its associated Information Technology Center (ITC) Cyber Security Policy. These documents outline required safe-guards for the protection of agency-sensitive and mission-critical data. All Contractor employees must complete ITC-provided FCC Initial Security Awareness Training prior to being granted access to FCC networks and applications.

(b) All Contractor employees complete and submit to the FCC OMD-ITC, all forms required to gain access to, or modify, server com-puter systems access. Forms include FCC Computer System Office Application and/or System Access Form, FCC Form A-200 (used to identify the user requesting access to FCC computer resources), FCC Computer System Access Acknowledgement and Form A-201 (used to verify user’s obligations to secure the Commission’s computer system and data).

(c) All Contractor access to FCC computer systems is requested in accordance with policy and procedures and limited to “as needed” to perform official requirements under the Contract.

(d) All Contractor personnel protect the confidentiality, integrity, and availability of FCC information systems and data accessed to perform official requirements under the Contract and that all Contractor personnel ensure that computer systems, related hardware, software, and authorizations are not modified without the expressed written consent of the FCC.

LOCAL-12 Contractor Promotional and Press Releases Relating to the Contract

(a) Except as set forth in the clause titled Access to Nonpublic Information and its Release (if included in this contract), the FCC does not review for accuracy or approve any statements made in contractor press releases or other promotional material relating to the Con-tractor’s performance under this contract or the value or importance of its services or goods provided to the FCC under this contract, nor does the FCC endorse any particular contractor or the goods or services provided by any contractor, except as allowed by 5 C.F.R.

§ 2635.702(c)(1)-(2).

(b) The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional account, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to the Contractor’s per-formance under this contract or the value or importance of its services or goods provided to the FCC, unless the information is derived from a Government-wide past performance information system, is used in proper context, and is fair and accurate. Information con-tained on past performance questionnaires may be used only as approved by the Contracting Officer.

(c) Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer, which shall be clearly displayed:

Disclaimer: This disclaimer is required by Contract No. [Contract No]. The Federal Communications Commission (FCC) has not re-viewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or ser-vices provided by this firm or any other firm, except as allowed by 5 C.F.R. 2635.702(c)(1)-(2), which do not apply here.

LOCAL-14 Hold Harmless and Indemnity Agreement

(a) Responsibility for Government Property. The Contractor assumes full responsibility for and shall indemnify the Government against any and all loss or damage of whatsoever kind and nature to any and all Government property, including any equipment, sup-plies, accessories, or parts furnished, while in its custody and care for storage, repair, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts of the Contractor, any subcontractor, or any employee, agent, or rep-resentative of the Contractor or any Subcontractor.

(b) Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability and claims and costs of whatever kind and nature for injury to or death of any persons and for loss of or damage to any property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service opera-tion, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent, or representative of the Contractor or Subcontractor.

(c) Contractor/Employees’ Property. The Contractor shall be responsible for the safety and health of its employees.

LOCAL-16 Access to Nonpublic Information and its Release

Document Number: 273FCC18Q0020 Page 8 of 36

(a) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether included, re-vealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order contract or a GSA schedule contract), that—

(1) Has been determined by FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information. (1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic information from unauthorized use or disclosure of such information.

(i) The Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, includ-ing attorneys fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, repro-duction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract.

(ii) Third-party owners of nonpublic information to which the Contractor may have access during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other third-party rights, have a right of direct action against the Contractor to seek damages for injuries arising from any violation of the terms of this clause.

(2) With regard to any nonpublic information to which the Contractor is given access in performance of this contract, whether the in-formation comes from the Government or from third parties, the Contractor shall—

(i) Utilize the nonpublic information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard the nonpublic information from unauthorized use and disclosure;

(iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

(iv) Inform persons who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure;

(v) Include the following language in its nondisclosure agreement:

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabil-ities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the re-porting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, re-quirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorpor-ated into this agreement and are controlling.”

(vi) Obtain a signed nondisclosure agreement, which at a minimum includes language implementing the restrictions on use and dis-closure of nonpublic information found in paragraphs (b)(2)(i) through (v), and (b)(3) of this clause, from each person who may have access to the nonpublic information;

(vii) Provide a copy of any such nondisclosure agreement to the Contracting Officer upon request; and

(viii) Report to the Contracting Officer any violations of requirements (i) through (vi) of this paragraph as soon as the violation is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation, with follow-up reports of corrective actions taken as necessary.

(3) If the Contractor receives information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall—

(i) Notify the Contracting Officer;

(ii) Use the information only in accordance with the instructions of the Contracting Officer; and

(iii) Comply with any other notification provisions contained in this contract.

(c) Applicability.

Document Number: 273FCC18Q0020 Page 9 of 36

(1) The obligations and prohibitions of paragraph (b) do not apply if the Contractor can demonstrate to the Contracting Officer that the information—

(i) Was in the public domain at the time the information was accessed by the Contractor;

(ii) Was published, after having been accessed by the Contractor, or otherwise becomes part of the public domain through no fault of the Contractor;

(iii) Was lawfully in the Contractor’s possession at the time the Contractor accessed it and was not acquired directly or indirectly—

(A) From the Government; or

(B) Under another Government contract;

(iv) Was received by the Contractor from a party, other than the information owner, who has the authority to release the information and did not require the Contractor to hold it in confidence.

(v) Is or becomes available, on an unrestricted basis in a lawful manner, to a third party from the information owner or someone acting under the control of the information owner;

(vi) Is developed by or for the Contractor independently of the information received from the Government or the information owner and such independent development can be shown;

(vii) Becomes available to the Contractor by wholly lawful inspection or analysis of products offered for sale by the information own-er or someone acting under the information owner’s control, or an authorized third-party reseller or distributor; or

(viii) Is provided to a third party by the Contractor with the prior written approval of the information owner.

(2) The Contractor may release nonpublic information to which the Contractor is given access in performance of this contract to a third party pursuant to the lawful order or rules of a United States Court or Federal administrative tribunal or body of competent jur-isdiction, provided that the Contractor gives to the information owner the opportunity to oppose such disclosures by providing the owner with prior written notice of: any proceeding in which compulsory disclosure of the information is foreseeable; and any specific request or demand for the information during such proceedings. The Contractor shall notify the Government, and the third-party in-formation owner (if applicable), within two (2) business days of the Contractor’s notice of the proceeding and the Contractor’s notice of specific request or demand for the information. More prompt notice, calculated to afford the information owner maximum oppor-tunity to oppose such disclosure, shall be provided when production of information is required in less than two business days.

(d) Other contractual restrictions on information. This clause is subordinate to all other FAR or FCC contract clauses or requirements that specifically address the access, use, handling, or disclosure of information. If any restrictions or authorizations in this clause are inconsistent with a requirement of any other FAR or FCC clause of this contract, the requirement of the other clause shall take preced-ence over the requirement of this clause. This clause is not subordinate to any Contractor terms or conditions that are incorporated in-to this contract.

(e) Remedies available to a third-party information owner. The Contractor’s failure to comply with the requirements of this clause may provide grounds for independent legal action or other remedies available to a third-party information owner based on the protec-tions of paragraph (b)(1) of this clause.

(f) Release of Contractor’s information. The Contractor agrees that the Government may, in appropriate circumstances, release to its contractors, their subcontractors, and their individual employees, nonpublic information provided by the Contractor in the perform-ance of this contract, subject to the following protections. To receive access to nonpublic information needed to assist in accomplish-ing agency functions, the contractor that will receive access to the nonpublic information must be operating under a contract that con-tains this clause, which obliges the contractor to respect use limitations as described in paragraph (b)(2) and provides third-party bene-ficiary rights as set forth in paragraph (e).

(g) Contractor Releases. The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, pro-motional material, or statement relating to this contract that contains nonpublic information. If the Contractor is unsure whether the information it intends to publish or distribute contains nonpublic information, the document shall be provided, in its entirety, to the Contracting Officer for the sole purpose of determining whether nonpublic information is included.

(h) Relationship to other Government commitments. This clause does not affect the FCC’s responsibilities under the Freedom of In-formation Act or the Procurement Integrity Act.

(i) Subcontracts. The Contractor shall insert this clause, including this paragraph

(i), in all subcontracts that may require the furnishing of nonpublic information to the FCC and in all subcontracts under which a sub-

Document Number: 273FCC18Q0020 Page 10 of 36 contractor may have access to nonpublic information. The clause so inserted shall be appropriately modified to reflect the relationship of the parties, and the terms ‘‘contract,’’ ‘‘Contractor,’’ and ‘‘Contracting Officer’’ shall be appropriately modified to for the subcon-tract and to preserve the Government’s rights.

LOCAL-2 Limitation of Government's Obligation

(a) This contract is incrementally funded. Of the total price for this contract, only the funded (obligated) amount is presently available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under this contract by subsequent contract modifications until the contract is fully funded.

(b) The Contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government, in-cluding any amounts payable by the Government in the event of termination for convenience, approximates but does not exceed the total amount funded/obligated pursuant to this clause. The Contractor is not authorized to continue work beyond that point. The Gov-ernment’s legal liability under this contract, inclusive of any amounts payable pursuant to the FCC’s termination for its convenience, is limited to the amount funded/obligated pursuant to this clause. Any costs expended or incurred beyond the Government’s limitation of obligation are solely at the Contractor’s risk.

(c) The Contractor shall notify the Contracting Officer by e-mail at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount paid and payable by the Government, including any amounts pay-able by the Government in the event of termination for convenience, will approximate 80 percent of the total amount then obligated to the contract pursuant to this clause. The Contractor’s notification shall state: (1) the estimated date when that point will be reached;

and (2) an estimate of additional funding, if any, needed to continue performance of the contract up to the next scheduled date for ob-ligation of funds, or to a mutually agreed upon substitute date.

(d) When additional funds are obligated for continued performance of the contract, the contract will be modified by the Contracting Officer to state the revised total of funds obligated to the contract and to indicate the period of contract performance which will be covered by the obligated funds. The provisions of paragraph (b) through (d) of this clause shall apply to the revised total of obligated funds and any agreed substitute date.

(e) If, solely by reason of failure of the Government to obligate additional funds in amounts sufficient for the timely performance of the contract, the Contractor incurs additional costs or is delayed in the performance of work under this contract, and if additional funds are obligated to the contract, an equitable adjustment may be negotiated to the price, time of delivery, or both.

(f) Once a contract period (base period or option period) is fully funded, this clause shall become inoperative for the remainder of that contract period, except with regard to rights or obligations concerning equitable adjustments negotiated under paragraph (e) of this clause. This paragraph shall not preclude operation of the clause in any subsequent option period that is incrementally funded.

(g) Nothing in this clause shall affect the Government’s right to terminate the contract for convenience or cause, or default, pursuant to this contract.

(h) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. § 1342.

(i) The terms of this clause shall apply to each option period of the contract that is exercised and incrementally funded.

LOCAL-20 Representation By Bermudian and Cayman Islands Entities Regarding Prior Incorporation in the United States

(a) In accordance with sections 627 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No.

113-235, 128 Stat. 2130, 2377 (2014), none of the funds made available by that Act may be used to enter into a contract with an incor-porated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

(b) By accepting this contract, the Contractor represents and warrants that it is not an entity incorporated or chartered in Bermuda or the Cayman Islands that was previously incorporated in the United States.

(c) Misrepresentation under this clause is a material breach of the order or contract and will entitle the Government to remedies for such breach, including termination for default or cause, recapture of amounts paid, suspension of payment, or any other available rem-edy permitted by law. Intentional misrepresentation under this clause may subject the Contractor to civil or criminal penalties or res-ult in the Contractor’s suspension or debarment in the public interest for the Government's protection.

LOCAL-21 Section 503 of the Rehabilitation Act

In September 2013, the DOL Office of Federal Contract Compliance Programs (OFCCP) published a Final Rule that makes changes

Document Number: 273FCC18Q0020 Page 11 of 36 to the regulations implementing Section 503 of the Rehabilitation Act of 1973 (Section 503) that prohibits employment discrimination by federal contractors and subcontractors against individuals based on disability. Section 503 also requires that federal contractors and subcontractors take action to recruit, employ, train, and promote qualified individuals with disabilities.

The Federal Communications Commission (FCC) highly encourages all contractors to follow the goals regarding Section 503 of the Rehabilitation Act, as set forth by the Department of Labor (DOL). Additionally, the FCC has the expectation that contractors will re-view and act upon the initiatives of the Federal Government and to implement the 503 structure when doing business with the FCC.

Detailed Section 503 of the Rehabilitation Act information is available at the websites of The Department of Labor, the Federal Re-gister and the Code of Federal Regulations.

LOCAL-3 Post-Award Evaluation of Contractor Performance

1. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 –

42.1503. The final performance evaluations will be prepared at the time of completion of work.

2. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted 14 calendar days to respond. Contractor response is voluntary. If the contractor does not respond within 14 days, the Gov-ernment will presume that the contractor has no comment. Any disagreement between the parties regarding an evaluation will be re-ferred to an individual at a level above the Contracting Officer, whose decision is final.

3. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Communications Commission utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor per-formance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts.

The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. CPARS reference material can be accessed at:

http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.

The registration process requires the contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 14-day time period.

After the FCC’s Contracting Officer registers the contract in CPARS, the contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the contractor with a User ID if the person does not already have a CPARS User ID. Once a performance evaluation has been prepared and is ready for comment, the contractor represent-ative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

Contractors may access evaluations at www.cpars.csd.disa.mil for review and comment in CPARS. Past Performance evaluations and any contractor response will be made available to other federal government agencies on the Past Performance Information Retrieval System (PPIRS).

(End of clause)

LOCAL-4 Contracting Officer's Representative (COR)

The FCC’s COR is responsible for monitoring the Contractor's progress in fulfilling the requirements specified in this contract or or-der. The COR ensures that all required documentation and/or services and/or supplies are submitted or performed in accordance with the requirements of this contract or order. Should the Contractor fail to fulfill any contractual requirements, the COR shall inform the Contractor of such failure. The COR shall also inform the FCC’s Contracting Officer of any technical or contractual problems or delays. The COR also approves all invoices and performs final inspection and acceptance of all work performed and/or all supplies delivered under this contract.

The FCC’s COR is not authorized to make any commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or the incurrence of any costs beyond the stated ceiling price(s) or fixed price(s). The COR shall not grant the Contractor permission to deviate from the requirements stated in the contract or order, and shall not direct the Contractor to perform any work beyond that stated in the contract or order.

Document Number: 273FCC18Q0020 Page 12 of 36

By acceptance of this contract or order, the Contractor acknowledges and accepts the limited authority of the FCC’s COR, as specified herein. Further, the Contractor agrees that it will not accept any direction or instructions from the COR that are expressly prohibited herein.

The FCC’s COR for this contract or order is TBD. The COR may be reached via telephone at __, or, via email at ______________________________@fcc.gov.

LOCAL-6 Special Considerations Regarding Contract Performance

The contractor and its employees and subcontractors shall only conduct business covered by this contract during periods paid for by the FCC, and shall not conduct any other business on FCC premises. Contractor personnel shall abide by the normal rules and regula-tions applicable to FCC buildings and information technology infrastructure (e.g. e-mail and local-area-network), including all safety and security regulations.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

Document Number: 273FCC18Q0020 Page 13 of 36

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16)…