273FCC20R0007-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

07/13/2020

4. REQUISITION/PURCHASE REQ. NUMBER

EAC1800002

5. PROJECT NUMBER (If applicable)

CPCCODE

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

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

9A. AMENDMENT OF SOLICITATION

NUMBER

273FCC20R0007

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

06/26/2020

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

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 electronic communication 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 your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication 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 NUMBER 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 NUMBER 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: is not, is required to sign this document and return _______ copies to the issuing office.

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

This amendment is issued to do the following:

- Provide answers to questions received in response to the RFP. See, Attachment vi. Questions and Answers.

- Add CLIN 0005 for the NANPA/PA 90 day transition and development.

- Add CLINs 0004, 1003, 2003, and 3005 for Travel costs.

- Provide the following revised documents: Attachment 1 - NANPA-PA-RND PWS, Attachment 1.1 - NANPA-PA TRD, Attachment 1.2 - RND TRD, Attachment ii, Instructions to Offerors and Evaluation Criteria.

- Provide the following documents: Attachment iii. NANPA Transition plan, Attachment iv. PA_RNA Transition plan, Attachment v. Resources for

NANPA_PA.

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)

Ferguson, Kadian

(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. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FCC : : FCC

FCC : : FCC

Document Number: 273FCC20R0007 Page 1 of 13

Document Number: 273FCC20R0007 Page 2 of 13

Section 1 - Continuation Sheet

This solicitation incorporates as part of this Schedule the clause titled Terms and Conditions (Basic) – Commercial Item [Continuation of Schedule].

TERMS AND CONDITIONS (BASIC) – COMMERCIAL ITEM [CONTINUATION OF SCHEDULE]

(a) This clause applies to any vendor term, condition, or license (addressed in paragraphs (b) or (c), or both, below) that: is incorporated into this contract directly by the FCC; or is made applicable in any other fashion to goods or services furnished and paid for under this order. This includes any term, condition, or license of a subcontractor or supplier of the contractor pertaining to goods or services resold by the contractor to FCC under this contract.

(b) The FCC specifically does not agree to, and shall not be bound by, any vendor term, condition, or license that:

(1) makes the applicable or governing law controlling this agreement (or any license under it) other than Federal law;

(2) requires the FCC to consent to the jurisdiction or venue, or both, of State or local courts or those of foreign countries;

(3) requires the FCC to indemnify the contractor or any other party, or imposes upon the FCC any currently indefinite liability;

(4) requires the FCC or the United States to tender or assume the defense of a civil or criminal action, or alter the rights or prerogatives of the Attorney General of United States in the conduct of litigation on behalf of the United States or its agencies;

(5) requires the FCC to assume nondisclosure obligations that are incompatible with its statutory disclosure obligations under the Freedom of Information Act, court orders, or its regulatory disclosure procedures in 47 C.F.R. Part 0, Subpart C;

(6) requires the FCC to comply with audit, entry, or access provisions that conflict with its facility and data security clearance procedures (FCC may be able to offer self-certification in cases where facility access cannot be granted);

(7) provides for automatic renewal or continuation of the order or license without affirmative action by the contracting officer;

(8) expresses the FCC’s acquiescence or agreement to equitable remedies, such as injunctive relief, to which FCC cannot agree, as they may result in the loss of use rights required for mission critical applications;

(9) except as required by law, commits the FCC to arbitration or other alternative dispute resolution procedures in lieu of following the dispute resolution procedures established in the Contract Disputes Act of 1978 (CDA), implementing regulations at FAR Subpart 33.2, and the FAR 52.233-1 Disputes clause;

(10) provides the contractor or a third party with unilateral termination rights, which would conflict with the contractor’s obligation to continue performance under the CDA and FAR dispute resolution procedures;

(11) provides the contractor with the unilateral right to modify the terms of the order or license, including price;

(12) obliges the FCC to pay the vendor's attorney fees, except as provided by statute;

(13) abrogates or alters in any way: the assignment restriction in FAR 52.212-4(b); the manner of dispute resolution provided by FAR 52.212-4(d); the invoice terms in FAR 52.212- 4(g); the payment terms in FAR 52.212-4(i) (or the Alternate version if applicable to this contract); or the compliance obligations stated at FAR 52.212-4(q)-(r);

(14) without express agreement in writing by a FCC contracting officer: abrogates or alters in any way FCC acceptance and inspection rights found in FAR 52.212-4(a), the indemnity provided by FAR 52.212-4(h), FCC termination rights provided by FAR 52.212-4(l)-(m), or the warranties provided by FAR 52.212-4(o); or expands the limitation of liability in FAR 52.212- 4(p) (including Alternate versions of such paragraphs if applicable to this order); or

(15) provides that vendor terms and conditions represent the entire agreement with the FCC or purports to supersede or take precedence over the terms of this order and its clauses (including this clause).

(c) If this contract concerns or involves the procurement of rights in data (including software): (1) the FCC specifically does not agree to, and shall not be bound by, any vendor license that: (i) contradicts, limits, modifies, or conditions the FCC’s rights with respect to software or other data as set forth in FAR 52.227-19(b) or FAR 52.227-14(g)(3) (Alternate II), respectively (to the extent this contract incorporates those FAR clauses), except as expressly provided in this contract; or (ii) provides for a different allocation of data rights between the contractor and FCC than that specified in FAR 52.227-17 (relating as to special works), to the extent the contract incorporates that clause; and, (2) the contractor understands and agrees that only a FCC contracting officer is authorized to bind the FCC to a contract for goods and services, including a license for intellectual property rights or other agreement (collectively “license”), or to a modification of the terms and conditions of this contract. To the extent the contractor, in contract to discharge its obligation to the FCC under this contract, as part of its business processes or those of its subcontractors or suppliers, requires an FCC employee to “accept” license terms by way of written or electronic signature or other manner, or by shrink-wrap, box-wrap, click-wrap, or browse-wrap agreement, the terms of that license shall not be binding upon the FCC. FCC employees who “accept” such licenses do so on this condition, and only for the purpose of allowing the contractor and its subcontractors and suppliers, for the sake of their convenience, to use the same process to perform this contract that they use for commercial customers (however, only under the terms to which an FCC contracting officer has agreed in writing).

Document Number: 273FCC20R0007 Page 3 of 13

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

0001 Base Period - NANPA & PA Original: 60.000000

Change: -3.000000

Current: 57.000000 MO

Period of Performance: 02/01/2021 - 10/31/2025

Description: NANP Administration and Pooling Administration

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Base

0002 BASE Period - RND Development Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2020 - 10/31/2021

Description: Reassigned Numbers Database Administration Development.

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Base

0003 Base Period - RND Operations Original: 48.000000

Change: 0.000000

Current: 48.000000 MO

Period of Performance: 11/01/2021 - 10/31/2025

Description: Reassigned Numbers Database Administration Operations

See, Attachment 1 - NANPA-PA-RND PWS.

Firm Fixed Price / No Cost CLIN

Reference Line: EAC1800002 - 0001

Pricing Options: Base

Document Number: 273FCC20R0007 Page 4 of 13

0004 Base Period - Travel Original: 0.000000

Change: 1.000000

Current: 1.000000 NTE

Period of Performance: 11/01/2020 - 10/31/2025

Description: Travel

NTE: $175,000

All travel must be in accordance with General Service Administration's Federal Travel Regulation.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Base

0005 Base Period - Transition/Development - NANPA

& PA

Original: 0.000000

Change: 3.000000

Current: 3.000000 MO

Period of Performance: 11/01/2020 - 01/31/2021

Description: NANP Administration and Pooling Administration 90-day Transition and Development.

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Base

1001 Option Period 1 - NANPA & PA Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2025 - 10/31/2026

Description: NANP Administration and Pooling Administration

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

1002 Option Period 1 - RND Operations Original: 12.000000

Document Number: 273FCC20R0007 Page 5 of 13

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2025 - 10/31/2026

Description: Reassigned Numbers Database Administration Operations

See, Attachment 1 - NANPA-PA-RND PWS.

Firm Fixed Price / No Cost CLIN

Reference Line: EAC1800002 - 0001

Pricing Options: Option

1003 Option Period 1 - Travel Original: 0.000000

Change: 1.000000

Current: 1.000000 NTE

Period of Performance: 11/01/2025 - 10/31/2026

Description: Travel

NTE: $35,000

All travel must be in accordance with General Service Administration's Federal Travel Regulation.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

2001 Option Period 2 - NANPA & PA Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2026 - 10/31/2027

Description: NANP Administration and Pooling Administration

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

Document Number: 273FCC20R0007 Page 6 of 13

2002 Option Period 2 - RND Operations Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2026 - 10/31/2027

Description: Reassigned Numbers Database Administration Operations

See, Attachment 1 - NANPA-PA-RND PWS.

Firm Fixed Price / No Cost CLIN

Reference Line: EAC1800002 - 0001

Pricing Options: Option

2003 Option Period 2 - Travel Original: 0.000000

Change: 1.000000

Current: 1.000000 NTE

Period of Performance: 11/01/2026 - 10/31/2027

Description: Travel

NTE: $35,000

All travel must be in accordance with General Service Administration's Federal Travel Regulation.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

3001 Option Period 3 - NANPA & PA Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2027 - 10/31/2028

Description: NANP Administration and Pooling Administration

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

Document Number: 273FCC20R0007 Page 7 of 13

3002 Option Period 3 - RND Operations Original: 12.000000

Change: 0.000000

Current: 12.000000 MO

Period of Performance: 11/01/2027 - 10/31/2028

Description: Reassigned Numbers Database Administration Operations

See, Attachment 1 - NANPA-PA-RND PWS.

Firm Fixed Price / No Cost CLIN

Reference Line: EAC1800002 - 0001

Pricing Options: Option

3003 Option Period 3 - NANPA/PA Transition Out Original: 3.000000

Change: 0.000000

Current: 3.000000 MO

Period of Performance: 08/01/2028 - 10/31/2028

Description: NANPA/PA Transition Out Services

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price CLIN

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

3004 Option Period 3 - RND Transition Out Original: 3.000000

Change: 0.000000

Current: 3.000000 MO

Period of Performance: 08/01/2028 - 10/31/2028

Description: RND Transition Out Services

See, Attachment 1 - NANPA-PA-RND PWS.

This is a Firm Fixed Price / No Cost CLIN

Reference Line: EAC1800002 - 0001

Pricing Options: Option

Document Number: 273FCC20R0007 Page 8 of 13

3005 Option Period 3 - Travel Original: 0.000000

Change: 1.000000

Current: 1.000000 NTE

Period of Performance: 11/01/2027 - 10/31/2028

Description: Travel

NTE: $35,000

All travel must be in accordance with General Service Administration's Federal Travel Regulation.

This is an incrementally funded CLIN. The Government’s obligation is limited to the funded amount in accordance with the LOCAL-2 Limitation of Government’s Obligation clause. As provided in LOCAL-2, the funded amount represents the FCC’s financial obligation and legal liability under this CLIN, unless and until the funded amount is increased by the Contracting Officer through a unilateral modification.

The Contractor exceeds the funded amount at its own risk.

Reference Line: EAC1800002 - 0001

Pricing Options: Option

Section 2 - Contract Clauses

Clause Special Contract Clause -1 Payment by Billing and Collection Agent / RND Administrator was added or modified.

Special Contract Clause -1 Payment by Billing and Collection Agent / RND Administrator

Payment by Billing and Collection Agent / RND Administrator

(a) General. The Contractor agrees to accept payments due under this contract (1) for CLINs [0001, 0002, 0004, 0005, 1001, 1003, 2001, 2003, 3001, 3003, 3005] through payment by the Billing & Collection Agent (B&C Agent) and (2) for CLINs [0003, 1002, 2002, 3002, 3004] in lieu of payment directly from the Government, in accordance with 47 C.F.R. §§ 52.7(f), 52.16(a), 52.17, 52.15, 52.103, 64.1200, and related Commission Reports and Orders, and this contract.

(b) Contractor payment request.

i. The B&C Agent shall pay the Contractor the prices stipulated in this contract for services rendered and accepted under CLINs [0001, 0002, 0004, 0005, 1001, 1003, 2001, 2003, 3001, 3003, 3005], less any deductions provided in this contract, only after submis-sion and approval of proper invoices or vouchers to the Government under LOCAL-5 Invoicing Instructions and authorization to pay from the FCC Office of the Managing Director. Unless otherwise specified in this contract, payment shall be made on partial deliver-ies accepted by the Government if—

(1) The amount due on the deliveries warrants it; or

(2) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

ii. The Contractor shall pay itself, from the RND fund, the prices stipulated in this contract for services rendered and accepted under CLINs [0003, 1002, 2002, 3002, 3004] in accordance with the procedures detailed in paragaph 1.8 of the PWS, less any deductions provided in this contract, only after submission and approval of proper invoices or vouchers to the Government under LOCAL-5 In-voicing Instructions and authorization to pay from the FCC Office of the Managing Director. Unless otherwise specified in this con-tract, payment shall be made on partial deliveries accepted by the Government if—

(1) The amount due on the deliveries warrants it; or

(2) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(c) Payment. Payment will be made within 30 days of invoice approval.

(d) Assignment of claims. Notwithstanding any other provision of this contract, no payment by the B&C Agent under this contract shall be assigned.

(e) Reimbursement of Service Providers. The Contractor shall to reimburse Service Providers for the cost of creating the Reassigned Numbers Database in accordance with paragraph 1.9 of the PWS.

Clause Special Contract Clause -3 Costs of Number Administration/Pooling Administration/Reassigned Numbers Database Administration and Source of Payments was added or modified.

Special Contract Clause -3 Costs of Number Administration/Pooling Administration/Reassigned Numbers Database Administration and Source of Payments

Document Number: 273FCC20R0007 Page 9 of 13

Pursuant to 47 U.S.C. § 251(e)(2), “the cost of establishing telecommunications numbering administration arrangements . . . shall be borne by all telecommunications carriers on a competitively neutral basis as determined by the Commission.” The firm fixed prices es-tablished by this contract for CLINs 0001, 0002, 0004, 0005, 1001, 1003, 2001, 2003, 3001, 3003, 3005] , which exclude amounts for enterprise services, shall be paid to the Contractor by a third-party billing and collection agent with contributions made by telecommu-nications carriers and other entities that receive numbering resources from the NANPA/PA under the contribution factor and proced-ure described by and provided under 47 U.S.C. § 251(e)(2) and 47 C.F.R. Part 52. In no event shall the Commission be liable under this contract for non-payment of the firm fixed prices to the Contractor that are attributable to the failure to pay any or all of the re-quired contribution of any or all such carriers or entities, nor for the failure of performance of any entity created or designated to ad-minister telecommunications numbering that results in the delay, obstruction, or preclusion of payment to the NANPA for the duties that are the subject of this contract.

Pursuant to Advanced Methods to Target and Eliminate Unlawful Robocalls, CG Docket No. 17-59, Second Report and Order, 33 FCC Rcd 12024, 12041, para. 46 (2018), the Administrator’s costs to operate the database following its establishment will be re-covered through usage charges that the Administrator will collect from callers that choose to use the database. The firm fixed prices established by this contract for CLINs [0003, 1002, 2002, 3002, 3004] , shall be paid to the Contractor in accordance with paragraphs [1.2 and 1.8 ] of the PWS. In no event shall the Commission be liable under this contract for non-payment of the firm fixed prices to the Contractor.

Clause LOCAL-1 Security Requirements Suitability and Security Processing was added or modified.

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.”

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.

Document Number: 273FCC20R0007 Page 10 of 13

(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 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).

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(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.

(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 Directive 1479.5, Compliance with the FCC Cyber Security Program and its associated Information Technology Center (ITC) Cyber Security Policy. These docu-ments outline required safeguards 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, and thereafter annually must complete ITC-provided security awareness training.

(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).

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(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.

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