70RCSA21R00000003-0-Section B-M 06032021.pdf

PS-SETA RFP 70RCSA21R00000003

Request for Proposal (RFP)

70RCSA21R00000003

Priority Services Scientific, Engineering, and Technical Assistance

(PS-SETA)

Table of Contents

Section Title B Services/Supplies and Price/Cost C Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries or Performance G Contract Administration H Special Contract Requirements I Contract Clauses J List of Attachments K Representations and Certifications L Instructions, Conditions, and Notices to Offerors M Evaluation Factors for Award

B Section B – Services/Supplies and Price/Cost B.1. Contract Type This is a hybrid type contract with Cost-Plus-Fixed-Fee (CPFF), Firm-Fixed-Price (FFP), and Cost Reimbursement (CR) Contract Line Items Numbers (CLINs).

B.2. Contract Line Item Numbers (CLINs)

< TO BE UPDATED AT TIME OF AWARD>

POP CLIN CLIN Description Contract Type

Estimated Cost Fixed Fee NTE Total

Ba se

P er io d

(1 -y ea r)

0001 Management FFP N/A N/A $0.00

0002 NGN-PS Engineering CPFF $0.00 Estimated at 5% $0.00

0003 Priority Services Governance Support CPFF $0.00

Estimated at 5% $0.00

0004 PTS Engineering (Optional) CPFF $0.00 Estimated at 5% $0.00

0005 NGN-PS Wi-Fi - Cloud Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

0006 NGN-PS Cybersecurity Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

0007 NGN-PS Cable - Satellite - Fixed Wireless Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

0008 Service Providers Council (SPC) (Optional) CPFF $0.00

Estimated at 5% $0.00

0009 Regional Customer Service Support (Optional) CPFF $0.00

Estimated at 5% $0.00

0010 Telecommunications Service Priority (TSP) (Optional) CPFF $0.00

Estimated at 5% $0.00

0011 Analysis Future Services Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

0012 Emerging Future NGN PS phases (Optional) CPFF $0.00

Estimated at 5% $0.00

0013 Transition (Optional) CPFF $0.00 Estimated at 5% $0.00

0014 ODC CR N/A N/A $50,000.00

0015 Travel CR N/A N/A $400,000.00

Total $450,000.00

O pt io n

Pe rio d

1001 Management FFP N/A N/A $0.00

1002 NGN-PS Engineering CPFF $0.00 Estimated at 5% $0.00

1003 Priority Services Governance Support CPFF $0.00

Estimated at 5% $0.00

1004 PTS Engineering (Optional) CPFF $0.00 Estimated at 5% $0.00

1005 NGN-PS Wi-Fi - Cloud Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

1006 NGN-PS Cybersecurity Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

1007 NGN-PS Cable - Satellite - Fixed Wireless Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

1008 Service Providers Council (SPC) (Optional) CPFF $0.00

Estimated at 5% $0.00

1009 Regional Customer Service Support (Optional) CPFF $0.00

Estimated at 5% $0.00

1010 Telecommunications Service Priority (TSP) (Optional) CPFF $0.00

Estimated at 5% $0.00

1011 Analysis Future Services Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

1012 Emerging Future NGN PS phases (Optional) CPFF $0.00

Estimated at 5% $0.00

1013 Transition (Optional) CPFF $0.00 Estimated at 5% $0.00

1014 ODC CR N/A N/A $50,000.00

1015 Travel CR N/A N/A $400,000.00

Total $450,000.00

O pt io n

Pe rio d

(1 -y

2001 Management FFP N/A N/A $0.00

2002 NGN-PS Engineering CPFF $0.00 Estimated at 5% $0.00

2003 Priority Services Governance Support CPFF $0.00

Estimated at 5% $0.00

2004 PTS Engineering (Optional) CPFF $0.00 Estimated at 5% $0.00

2005 NGN-PS Wi-Fi - Cloud Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

2006 NGN-PS Cybersecurity Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

2007 NGN-PS Cable - Satellite - Fixed Wireless Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

2008 Service Providers Council (SPC) (Optional) CPFF $0.00

Estimated at 5% $0.00

2009 Regional Customer Service Support (Optional) CPFF $0.00

Estimated at 5% $0.00

2010 Telecommunications Service Priority (TSP) (Optional) CPFF $0.00

2011 Analysis Future Services Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

2012 Emerging Future NGN PS phases (Optional) CPFF $0.00

Estimated at 5% $0.00

2013 Transition (Optional) CPFF $0.00 Estimated at 5% $0.00

2014 ODC CR N/A N/A $50,000.00

2015 Travel CR N/A N/A $400,000.00

Grand Total $450,000.00

O pt io n

Pe rio d

(1 -y

3001 Management FFP N/A N/A $0.00

3002 NGN-PS Engineering CPFF $0.00 Estimated at 5% $0.00

3003 Priority Services Governance Support CPFF $0.00

Estimated at 5% $0.00

3004 PTS Engineering (Optional) CPFF $0.00 Estimated at 5% $0.00

3005 NGN-PS Wi-Fi - Cloud Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

3006 NGN-PS Cybersecurity Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

3007 NGN-PS Cable - Satellite - Fixed Wireless Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

3008 Service Providers Council (SPC) (Optional) CPFF $0.00

Estimated at 5% $0.00

3009 Regional Customer Service Support (Optional) CPFF $0.00

Estimated at 5% $0.00

3010 Telecommunications Service Priority (TSP) (Optional) CPFF $0.00

Estimated at 5% $0.00

3011 Analysis Future Services Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

3012 Emerging Future NGN PS phases (Optional) CPFF $0.00

Estimated at 5% $0.00

3013 Transition (Optional) CPFF $0.00 Estimated at 5% $0.00

3014 ODC CR N/A N/A $50,000.00

3015 Travel CR N/A N/A $400,000.00

Total $450,000.00

O pt io n

Pe rio d

(1 ye ar

4001 Management FFP N/A N/A $0.00

4002 NGN-PS Engineering CPFF $0.00 Estimated at 5% $0.00

4003 Priority Services Governance Support CPFF $0.00

Estimated at 5% $0.00

4004 PTS Engineering (Optional) CPFF $0.00

4005 NGN-PS Wi-Fi - Cloud Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

4006 NGN-PS Cybersecurity Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

4007 NGN-PS Cable - Satellite - Fixed Wireless Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

4008 Service Providers Council (SPC) (Optional) CPFF $0.00

Estimated at 5% $0.00

4009 Regional Customer Service Support (Optional) CPFF $0.00

Estimated at 5% $0.00

4010 Telecommunications Service Priority (TSP) (Optional) CPFF $0.00

Estimated at 5% $0.00

4011 Analysis Future Services Engineering (Optional) CPFF $0.00

Estimated at 5% $0.00

4012 Emerging Future NGN PS phases (Optional) CPFF $0.00

Estimated at 5% $0.00

4013 Transition (Optional) CPFF $0.00 Estimated at 5% $0.00

4014 ODC CR N/A N/A $50,000.00

4015 Travel CR N/A N/A $400,000.00

Total $450,000.00 Grand Total $2,250,000.00

B.3. Labor Category Hourly Rates

< LABOR RATES TO BE INCLUDED AT TIME OF AWARD>

B.4. Indirect Costs The Contractor shall be reimbursed for indirect costs consistent with Defense Contract Audit Agency (DCAA) approved forward pricing rates subject to appropriate adjustment when the final rate(s) are established. The Contractor is responsible for submitting approved Forward Pricing Rate Agreements to the DHS Contracting Officer as they are approved by DCAA.

B.5. Fixed-Fee The fixed-fee amount for each CLIN will not vary based on actual costs of performance and shall not exceed 10% of each CLIN’s estimated costs.

B.6. Other Direct Costs (ODC) The Contractor shall procure material/ODCs when essential to task performance and approved by the Program Manager and the Contracting Officer. ODCs must be approved by the CO prior to incurring any costs. ODCs must be approved by the CO, and must be necessary, allowable, and allocable for performance of this contract. ODCs must be submitted in sufficient time to the CO to give prior approval and must identify the purpose of the ODCS and provide a detailed cost breakdown. The Contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. The Contractor shall be reimbursed on an actual cost basis.

All materials purchased by the Contractor for the use or on behalf of the Federal Government shall become the property of the Federal Government. The Contractor shall document the transfer of materials in addition to an account of all materials consumed during the performance of the contract. The Contractor shall furnish a copy of such documents at Quarterly Program Management Review Meetings.

B.7. Travel Costs All travel will be reimbursed in accordance with the Federal Travel Regulations (FTR) and FAR 31.205-46. The Contractor shall seek written Government approval (Contracting Officer (CO) or COR) at least two weeks in advance, prior to incurring any costs associated with non-local travel.

Local travel will not be reimbursed within a 50-mile radius of the worksite. As the Contractor may locate personnel outside the Washington D.C. metropolitan area, for purposes of local travel only, the worksite shall be considered the Washington D.C. metropolitan area, or the location of contractor’s personnel, whichever is within the 50-mile radius.

The Contractor shall use the federal lodging and per diem allowances in accordance with FAR 31.205-46 and the applicable FTR governing the travel performed directly referable to this contract. The Government will not reimburse transportation costs in excess of coach class commercially scheduled air or ground transportation by the most expeditious route.

Travel reimbursement request must be submitted (in writing) in sufficient time for the Contracting Officer or Contracting Officer Representative to give prior approval, and must identify (i) the name of the traveler, (ii) destination (s) including itinerary, (iii) purpose of the travel, and (iv) cost breakdown.

To be reimbursed, invoices, including travel expenses must include a detailed breakdown of the actual expenditures invoiced.

[END PART B]

C Section C – Statement of Work The Statement of Work (SOW) is provided as Attachment 1. All work shall be accomplished in accordance with the SOW.

[END PART C]

D Section D – Packaging and MarkingMarking and Delivery All information submitted to the Government, whether submitted electronically, through the postal system, or in person, shall clearly indicate the Project Title, Contract Number, and the names of the Contracting Officer (CO), Contract Specialist (CS) and Contracting Officer’s Representation (COR).

D.2. Payment of Postage and Fees All postage and fees related to submitting information including forms, reports, submittals, etc. to the CO, CS, or the COR shall be paid by the Contractor.

D.3. Packaging Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.

D.4. Branding The Contractor shall comply with the requirements of any Department of Homeland Security (DHS) Branding and Marking policies under 18 U.S.C. § 701 and 28 U.S.C. § 1733(b). As a matter of law, Federal criminal statutes prohibit unauthorized use of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements.

The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in any way an endorsement of a product, company, or technology.

Requests to use the DHS Seal must be submitted using the DHS Official Seal Usage Approval form. A copy of this form may be requested from the Contracting Officer Representative. The Comments section should be used to describe why use of the seal is being requested, and how it will be used. Completed forms should be sent via email to Kathleen.McShea@hq.dhs.gov, the DHS Director of New Media and Web Communication, with the Contract Specialist, Contracting Officer and Contracting Officer Representative copied.

[END PART D]

E Section E – Inspection and Acceptance E.1. 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 request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/far/part-52

Clause Title Date 52.246-4 Inspection of Services – Fixed Price AUG 1996 52.246-5 Inspection of Services – Cost Reimbursement APR 1984

Inspection and acceptance of all work and services performed under this contract will be in accordance with the FAR clauses incorporated herein.

E.2. Inspection and Acceptance Program manager and/or technical leads will review draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements of the contract and will inform the Contractor of its acceptability. The Contractor shall ensure the accuracy and completeness of all deliverables in accordance with referenced policy, regulations, laws, and directives. Reports and presentations shall be concise and clearly written. Errors, misleading or unclear statements, incomplete or irrelevant information, and/or excessive rhetoric, repetition, and "padding", or excessive length if a page limit is imposed, shall be considered deficiencies and will be subject to correction by the Contractor at no additional cost to the Government. Unless otherwise indicated, the Government will require ten (10) workdays to review and comment on deliverables. If the deliverable does not meet the noted criteria, the Government will reject it.

A rejected deliverable will be handled in the following manner:

1) After notification that the deliverable did not meet the acceptance criteria the Contractor shall resubmit updated/corrected version within ten (10) workdays after receipt of Government comments.

2) Upon the Contractor’s re-submission, the Government will reapply the same acceptance criteria.

[END PART E]

F Section F – Deliveries or Performance F.1. Period of Performance The period of performance of this contract shall be for a nine-month Base Period with four (4) one-year Option Periods.

1) Base Period: September 16, 2021 – June 15, 2022

2) Option Period 1: June 16, 2022 – June 15, 2023

3) Option Period 2: June 16, 2023 – June 15, 2024

4) Option Period 3: June 16, 2024 – June 15, 2025

5) Option Period 4: June 16, 2025 – June 15, 2026

The Government reserves the right to exercise some, all or none of the Option Periods or optional CLINs (x004 – x013).

F.2. Place of Performance Work performed under this contract will primarily be performed at Contractor facilities.

Frequent local travel between the Contractor’s office facilities and DHS facilities in the Washington, DC metropolitan area is expected.

F.3. Hours of Operation Contractor employees shall generally perform all work between the hours of 9:00 AM and 5:30 PM Eastern Time (ET), Monday through Friday (except Federal Holidays). However, there may be occasions when contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under the SOW.

F.4. Deliverables/Delivery Schedule The deliverables schedule for this contract is included in Section 12.0 of Attachment 1 - SOW.

1) No proprietary standards shall be referenced or used in the generation of any deliverables.

2) Regarding all deliverables, if the delivery date falls on a Saturday or Holiday, which is on a day other than a Monday, the deliverable will be considered to have been received by the Government on the preceding workday. If the delivery date falls on a Sunday or a Monday holiday, the deliverable will be considered to be received on the following workday.

3) The contractor shall submit each deliverable as one file, unless file size or other conditions warrant establishing multiple files and submit the table of contents in the same file as the main body of the deliverable. All deliverables must have a document control number and revision number.

4) In the event the contractor anticipates difficulty in complying with any delivery schedule, the contractor shall immediately notify the Contracting Officer in writing, giving pertinent details, including the date by which it expects to make delivery; provided, however, that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

F.5. FAR Clauses The following clauses are incorporated by reference:

52.242-15 Stop Work Order (Alternate I – APR 1984) AUG 1989 52.247-34 F.O.B. Destination NOV 1991

[END PART F]

G Section G – Contract Administration G.1. Contracting Officer’s Representative (COR) The Contracting Officer will designate a COR in accordance with Homeland Security Acquisition Regulation (HSAR) 3052.242-72 Contracting Officer’s Representative (DEC 2003) to assist in monitoring the work under this contract. The COR is responsible for the administration of the contract and technical liaison with the Contractor. The COR IS NOT authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract cost/price, delivery schedule, period of performance or other terms or conditions.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision will be authorized in writing by the Contracting Officer.

The COR for this contract <WILL BE APPOINTED AT TIME OF AWARD>.

G.2. Contracting Officer (CO) and Contract Specialist (CS) A warranted Contracting Officer is the only person authorized to issue modifications to the contract, approve changes in any of the requirements, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the Contracting Officer. No order, statement, or conduct of government personnel, other than the Contracting Officer, who visit the Contractor’s facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause included in this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract cost/price to cover any increase in costs incurred as a result thereof.

The Contracting Officer for this contract is:

Toya Reynolds U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency Acquisition Division Toya.Reynolds@hq.dhs.gov 202-447-5666

The Contract Specialist for this contract is:

Karen Ma U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency Acquisition Division Karen.Ma@hq.dhs.gov 202-447-0203 mailto:Toya.Reynolds@hq.dhs.gov mailto:Karen.Ma@hq.dhs.gov

G.3. Contractor Key Personnel Pursuant to HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003), the personnel specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate. Before removing or replacing any of the specified individuals, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel until the Contracting Officer approves the Change.

The Key Personnel assigned under this contract are:

1) Program Manager

2) NGN-PS Lead Engineer

3) Governance Task Lead

4) GETS, WPS & SRAS Lead Engineer

5) Analysis Lead Engineer

G.4. Invoice Submission and Payment Address

All invoices shall be submitted in PDF via email to: CISAInvoice.Consolidation@ice.dhs.gov with the CS, CO and COR listed above copied.

All invoices must be addressed as follows:

Burlington Finance Office P.O. Box 1279 Williston, VT 05495-1249 Attn: CISA/CSD

Invoices shall be prepared in accordance with FAR 52.232-25 Prompt Payment (JAN 2017) - Alternate I (FEB 2002) and FAR 52.216-7 Allowable Cost and Payment (AUG 2018). In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

1) Contract Number and Modification Number, if any;

2) DUNS Number;

3) Month services provided/ Billing Period;

4) CLIN, CLIN description, and Accounting Classifications;

5) The total cost/price billed for the current billing period;

6) A breakdown by cost element for the current billing period, the current fiscal year, and the contract to date;

7) The cumulative cost/price billed for the current fiscal year; and the cumulative cost/price billed for the contract to date.

mailto:CISAInvoice.Consolidation@ice.dhs.gov

8) Current and cumulative costs must be shown at the task level

9) A completion voucher must be submitted for each invoice in accordance with FAR

52.216-7.

10) The Contractor shall map each cost invoiced to the corresponding task/subtask in the

SOW with the corresponding CLIN in each invoice.

11) The Contractor shall provide supporting documentation (receipts) for travel being invoiced during the billing period.

12) The cover or summary page of the invoice shall include a statement similar to the following: “As an authorized corporate official of [name of Contractor], I certify to the above invoiced amount is true and accurate for the period identified herein.”

The contractor shall invoice monthly for the Firm-Fixed-Price (FFP) Contract Line Item Numbers (CLINs). The amount invoiced for an FFP CLIN shall be an equal amount each month that amounts to the total price of the FFP CLIN for the entire duration.

The contractor shall invoice monthly based on actual costs for the cost portion of the Cost-Plus- Fixed-Fee (CPFF) CLINs. The fixed-fee withholding provisions contained in FAR 52.216-8 Fixed-Fee (JUN 2011) are applicable to this contract.

The Contractor shall provide invoices for all Accountable Personal Property within 30 days of acquisition to the Property Administrator (PA) and COR.

Invoices without the above information will be returned for resubmission.

G.5. Government-Furnished Property (GFP) The Government may provide property or equipment for use in performance of this contract. The Government will provide GFP if the mission requires, the Contractor requests, and the COR concurs. This property or equipment shall be used only for the work required under this contract in accordance with FAR 52.245-1 Government Property (JAN 2017).

The Contractor shall control, protect, preserve, use, maintain, and repair any Government property or equipment provided for, or purchased for, performance under this contract in accordance with sound industrial and business practices and the requirements of this contract.

Upon completion of this contract, the Contractor shall submit, to the Program Office, a complete inventory of all GFP remaining in their possession. The Program Office will provide disposition instructions on all property furnished and/or purchased under this contract. Refer to Section D for packaging and shipping instructions.

G.6. Government-Furnished Information (GFI) GFI (software, manuals, drawings, test data, etc.) will be provided at Contractor’s request or when the mission requires. The list shall include description (title, data, and author), quantities and license numbers. Upon completion of this contract, the Contractor shall submit, to the Program Office, a complete inventory and all GFI remaining in their possession under the contract. The Program Office will provide disposition instructions on all property furnished or purchased under this contract.

[END PART G]

H Section H – Special Contract Requirements H.1. Security Requirements All Contractor personnel assigned to this task shall be U.S. citizens and all key personnel shall have a minimum of SECRET clearance. The contractor shall be required to hold and maintain a Secret Facility Clearance Level (FCL). Security shall be in accordance with the Contract Security Classification specification DD Form 254 provided post contract award.

H.2. Conflict of Interest The Contractor shall not employ any person to perform work under the contract who is an employee or a Contractor of the United States Government, if the employment of that person would create or appear as a conflict of interest.

H.3. Observance of Legal Holidays and Administrative Leave

(a) The contractor shall not perform work at Government facilities on Government holidays, or on days for which DHS closes a facility as described in paragraph (d) below, without prior written approval of the Contracting Officer.

(b) The Department of Homeland Security observes the following days as holidays:

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

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

(c) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed.

When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(d) (1) DHS may close a DHS facility for all or a portion of a business day as a result of -

(i) Granting administrative leave to non-essential DHS employees (e.g., unanticipated holiday);

(ii) Inclement weather;

(iii) Failure of Congress to appropriate operational funds;

(iv) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which DHS employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(e) When contractor personnel services are not required or provided due to closure of a DHS facility as described in this clause, the contractor shall be compensated as follows--

(1) For fixed-price contracts, deductions in the contractor's price will be computed as follows-

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

(ii) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, DHS shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

(f) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy.

H.4. Contract Performance Assessment Reporting System (CPARS) FAR 42.15 require agencies to prepare annual and final evaluations of contractor performance.

The U.S. Department of Homeland Security utilizes the National Institutes of the Health (NIH) Contractor Performance System (CPS) to record and maintain past performance information.

Contractors may access evaluations for review and comment by completing the registration form that can be obtained at the following URL: http://www.cpars.gov http://www.cpars.gov/

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

H.5. Reporting Waste, Fraud, Abuse, and Theft The Contractor shall notify the Contracting Officer and COR of any instances of suspected waste, fraud, abuse, loss, or theft of the Contractor or Government furnished property by employees or subcontractors performing the scope of work under the contract.

Anyone who becomes aware of the existence of fraud, waste, and abuse in DHS funded programs is encouraged to report such matters to the DHS Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll-free number is 1-800-323-8603. All telephone calls will be handled confidentially. An Allegation Form can be completed online at:

http://www.oig.dhs.gov. The mailing address is:

DHS Office of Inspector General/MAIL STOP 0305 Attn: Office of Investigations - Hotline 245 Murray Lane SW Washington, DC 20528-0305

H.6. Excluded Functions and Responsibilities/Prohibition of Personal Services Functions and responsibilities directly involved or associated with the management of any DHS Office are expressly excluded from this contract. The parties hereby agree that any instructions or directives issued under this contract involving such management functions and responsibilities shall be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the Contractor under this contract:

(1) Policy making or management of DHS operations;

(2) Program or project management;

(3) Technical management of Government contracts;

(4) Government purchasing, contracting, contract administration, acceptance of materials and/or performance, and pay and accounting therefore;

(5) Direction or supervision of other Government contracts or Government agencies, or otherwise acting as an agent to obligate or commit in any capacity;

(6) Clerical and other administrative type functions required to be performed by civil service personnel;

(7) Supervision of Government employees; and

(8) Anything that could otherwise constitute personal services under this contract.

http://www.oig.dhs.gov./

Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of such communication or action.

The Contractor shall not perform any inherently Government functions under this contract. No Contractor employee shall represent, or give the appearance, that he/she is a Government employee, agent, or representative. No Contractor employee shall state, orally or in writing, at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

[END PART H]

I Section I – Contract ClausesFAR 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/far/part-52

I.2. FAR 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 request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at

I.3. The following FAR Clauses are incorporated by reference:

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employee Of Whistleblower Rights APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-2 Security Requirements AUG 1996 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 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.210-1 Market Research JUN 2020 52.215-2 Audit and Records - Negotiation JUN 2020 52.215-8 Order of Precedence – Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices (Alternate I – OCT 1997) JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort OCT 2009 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost and Payment Aug 2018 52.216-8 Fixed Fee JUN 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Small Business Subcontracting Plan (Alternate II – Nov 2016) JUN 2020 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-2 Payment for Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention & Right-To-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency In Energy-Consuming Products. MAY 2020 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products OCT 2015 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent (Alternate II – APR 1984) JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-16 Additional Data Requirements JUN 1987 52.227-17 Rights in Data – Special Works DEC 2007 52.228-7 Insurance—Liability to Third Persons MAR 1996

52.229-3 Federal, State, and Local Taxes FEB 2013 52.230-2 Cost Accounting Standards JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-9 Limitation on Withholdings of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-20 Limitation of Cost APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-25 Prompt Payment (Alternate I – FEB 2002) JAN 2017 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes (Alternate I – DEC 1991) MAY 2014 52.233-3 Protest after Award (Alternate I – JUN 1985) AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity of Services JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs May 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes—Fixed Price (Alternate I – APR 1984) AUG 1987 52.243-2 Changes—Cost Reimbursement (Alternate I – APR 1984) AUG 1987 52.243-7 Notification of Changes JAN 2017 52.244-2 Subcontracts (Alternate I – JUN 2020) JUN 2020 52.244-5 Competition in Subcontracting DEC 1996 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-20 Warranty of Services MAY 2001 52.246-25 Limitation of Liability—Services FEB 1997 52.247-63 Preference for U.S.-Flag Air Carriers JUN 2003 52.247-67 Submission of Transportation Documents for Audit FEB 2006 52.248-1 Value Engineering JUN 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-6 Termination (Cost-Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991

I.4. The following FAR Clauses are incorporated by full text:

FAR 52.204-1 Approval of Contract (DEC 1989) This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

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

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

FAR 52.204-23 Prohibition of Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20-

05) (JUL 2018)

(a) Definitions. As used in this clause

"Covered article" means any hardware, software, or service that

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and…