DCCO Draft Final Request for Proposal.pdf

DRAFT DCCO Request for Proposal

70RTAC20R00000013

FEDERAL ACQUISITION REGULATION (FAR) Subpart 12.6

COMBINED SYNOPSIS/SOLICITATION NOTICE

In accordance with (IAW) Federal Acquisition Regulation (FAR) subpart 12.603, Streamlined Solicitation for Commercial Items, Combined Synopsis/Solicitation Procedures, shall be utilized in support of the subject solicitation. As such the following synopsis information as required by FAR subpart 5.207 Preparation and transmittal of synopses is hereby provided to include detail required by aforementioned FAR subpart 12.603.

(1) Action Code: Not Applicable

(2) Date: TBD

(3) Year: TBD

(4) Contracting Office ZIP Code: 20528-0115

(5) Product or Service Code: D399

(6) Contracting Office Address: U.S. Dept. of Homeland Security

Office of Procurement Operations 245 Murray Lane, SW, Mailstop 0115 Washington DC 20528-0115

(7) Subject: Department of Homeland Security (DHS), Data

Center and Cloud Optimization (DCCO) Support Services

(8) Proposed Solicitation Number: 70RTAC20R00000013

(9) Closing Response Date: TBD

(10) Contact Point or Contracting Officer: Breean Jaroski Email: Breean.Jaroski@hq.dhs.gov

(11) Contract Award and Solicitation Number: Solicitation Number: 70RTAC20R00000013

Award Number: TBD

(12) Contract Award Dollar Amount: TBD

(13) Line Item Number: A schedule of supplies and services is represented within the solicitation document reference Section B, to include solicitation Attachment 1, Pricing Schedule Template.

(14) Contract Award Date: Performance dates are represented within the solicitation document reference Section F.

(15) Contractor: TBD

(16) Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation is hereby issued as a part of this notice.

Solicitation 70RTAC20R00000013 is issued as a Request for Proposal (RFP) where provisions 52.212-1, 52.212.2, 52.212-3, 52.212-4, and 52.212-5 applies.

(17) Place of Contract Performance: The place of performance is represented within solicitation document reference Section F.

(18) Set-aside Statas: Solicitation 70RTAC20R00000013 is being released as full and open.

U.S. Department of Homeland Security

Data Center and Cloud Optimization (DCCO) Support Services

Request for Proposal

RFP Number: 70RTAC20R00000013

Department of Homeland Security Office of Procurement Operations

Washington D.C.

Part I – The Schedule A Solicitation/Contract Form

See Solicitation Standard Form 1449.

(End of Section A)

B Supplies or Services and Prices/Costs

B.1 General Description

This Data Center and Cloud Optimization (DCCO) Support Services is a single award Indefinite- Delivery Indefinite-Quantity (IDIQ) contract established to provide the Department of Homeland Security and its Components with management of its enterprise data center and to implement and manage its future state enterprise information technology (IT) hosting environment as described in Section C. The Contractor shall provide all management, supervision, labor, facilities, and materials necessary to fulfill the DCCO requirements in accordance with the scope herein as requested by Task Order Requests for Proposals (RFPs). All Department of Homeland Security Components are authorized ordering activities. No organization outside of DHS is authorized to order off this IDIQ contract

B.2 Ordering Periods Minimum Dollar Guarantee and Maximum Contract Limitation

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $150,000.00 for only the base period of performance of this contract (inclusive of any fee). The minimum guaranteed award amount is currently an estimate and subject to change prior to final solicitation release.

(b) Maximum. The cumulative dollar ceiling value of the resulting single award IDIQ contract is $4,100,000,000.00. The cumulative dollar ceiling value is currently an estimate and subject to change prior to final solicitation release.

(c) The Government has no obligation to issue Orders to the Contractor beyond the amount specified in paragraph (a) of this section. Once the conditions of paragraph (a) have been met, the Contractor will continue to have the opportunity to be issued Orders.

B.3 Pricing

The Government provided Pricing Schedule, Attachment J-1 will represent the Contract Line Item Number (CLIN) structure within Section B of the awarded IDIQ contract.

B.4 Type of Orders Allowable Under This IDIQ Contract

(a) The types of Task Orders issued against this IDIQ may be Firm-Fixed-Price (FFP), Labor Hour (LH), or Time and Materials (T&M), in accordance with Federal Acquisition Regulation (FAR) Part

16.5 “Indefinite-Delivery Contracts” and as set forth in Section G “Contract Administration Data” and Section I “Contract Clauses.”

Indefinite-Delivery, Indefinite-Quantity (IDIQ), Blanket Purchase Agreements (BPAs), and Letter Contracts are not permissible Task Order types. The Government shall not issue, and the Contractor shall not accept Task Orders under this IDIQ Contract for the procurement of hardware or software that is not either for the performance of the services ordered under this Contract or Task Orders issued thereunder or the acquisition of assets formerly used in the performance of those services.

(b) All Task Orders shall be priced in accordance with the pricing set forth in the Government provided Pricing Schedule, Attachment J-1. These CLINs specify pricing for each of the services, deliverables, and data items within the scope described in the Performance Work Statement.

All CLIN prices described in the Pricing Schedule, Attachment J-1 reflect the fully-burdened rates for each CLIN. The fully-burdened prices include all direct, indirect, general and administrative costs and profit associated with providing the required performance at Government and Contractor sites.

(c) The Contractor is not precluded from offering discounts from the prices found in the Pricing Schedule, Attachment J-1 when preparing its proposals in response to Task Order Requests for Proposal. Proposed rates for Task Orders shall not exceed the rates established in the IDIQ contract.

B.5 Task Order Unique CLINs

Task Order Unique CLINs, labor categories, rates, and descriptions may be negotiated on a case-by-case basis. These additional labor categories and rates shall be approved by the IDIQ CO prior to the award of the Task Order or Task Order modification. The additional CLINs or labor categories and rates, once approved, shall apply to that specific Task Order only.

B.6 Contractor Justification for Catalog Pricing

Requirements at the Task Order level may include equipment, software, infrastructure as a service (IaaS) and/or professional services that are not explicitly named and priced within Attachment J-1, Pricing Schedule, which shall become the awarded DCCO IDIQ Section B Contract Line Item Number (CLIN) schedule. In satisfying such requirements, the ability to procure additional equipment, software, IaaS and/or professional services via associated catalog CLINs will be available. All requests purchase a product and/or service via a Catalog CLIN must be approved by CIO’s Enterprise Operations Division (EOD). All catalog CLIN requirements must be within scope of the IDIQ, within the estimated not-to-exceed (NTE) CLIN ceiling value, for performance of only those solutions secured under Task Orders awarded against the IDIQ and offered at a fair and reasonable price. In providing fair and reasonable prices for equipment, software, IaaS, and professional services at the Task Order level, the Contractor shall utilize its represented publicly available, commercial catalog(s) pricing. The Contractor shall provide a detailed description of the fair and reasonable nature of the proposed catalog item and/or service and its unit price. This detailed description shall include for example, clear references to already determined fair and reasonable unit prices available on such offerings as the Federal Supply Schedule, or other publicly available pricing schedules for the same equipment, software, IaaS, and/or professional services. The discounts contained in Attachment J-1, Pricing Schedule will be applied to the documented commercial unit price to determine Task Order level price for that specific catalog CLIN. Contractors are not precluded from offering additional discounts beyond the discount matrix found in Attachment J-1, Pricing Schedule. The Ownership of all equipment and/or services acquired via catalog CLINs included on awarded Task Orders, for performance of in scope IDIQ requirements, shall vest with the Government.

The Contractor shall submit a Monthly Catalog Report documenting all the purchases made under the Catalog CLINs under the DCCO IDIQ Contract.

B.7 Travel Cost

Contractor personnel may be required to travel to support the requirements of this contract and as stated in individual Task Orders. The Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes, and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement.

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

The Contractor shall use the federal lodging and per diem allowances in accordance with FAR subpart 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.

(End of Section B)

C Description/Specifications/Statement of Work

C.1 Contract Scope

Contractor shall provide all DCCO requirements within the IDIQ Performance Work Statement (PWS), and within the terms and conditions of this IDIQ contract and resultant Orders. See Attachment J-2 for the IDIQ PWS. Each Order will incorporate its own, more detailed requirements document.

(End of Section C)

D Packaging and Marking

D.1 Packing, Packaging, Marking and Storage of Equipment

Unless otherwise specified, all items to be delivered under this IDIQ 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 at the most economical rate(s).

The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this IDIQ contract shall be at the Contractor’s expense. The Contractor shall supervise the packing of all acquired equipment furnished by the Contractor and shall supervise the unpacking of equipment to be installed. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government.

D.2 Markings

As applicable, all deliverables submitted to the IDIQ Contracting Officer (CO), IDIQ Contracting Officer’s Representative (COR), Order CO, or Order COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

Contract number;

Order number;

Name and address of the consignor;

Name and address of the consignee;

Government bill of lading number covering the shipment (if any); and Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

The Contractor shall comply with the security requirements for packaging, marking, mailing, and shipping classified materials as prescribed by current Department of Homeland Security (DHS) directives.

Classified materials up to a TOP SECRET level may be transmitted to contractor for safeguarding, storage or retention on contractor site. Contractor shall adhere to all applicable laws, regulations, orders, guides, and directives pertaining to Classified, Sensitive But Unclassified, FOUO, and personally identifiable information. Contractor shall safeguard Sensitive But Unclassified, FOUO information specifically in accordance with DHS Management Directive 11042.1. Contractor shall establish and implement appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of classified and sensitive Government information, data, and/or equipment. If contractor personnel are ever uncertain about the handling or treatment of any information or data, they shall consult the TO COR.

Specific marking requirements may be addressed in individual Orders.

D.3 Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the DCCO IDIQ Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential Government customers of this contract vehicle.

For task orders, the Contractor shall obtain the written consent of the Order level CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state, or imply that the product or service provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products or services.

The Contractor shall not post signage outside of the DHS Data Center 1 Facility without the express written approval from the IDIQ COR and the IDIQ Contracting Officer.

D.4 Branding

Use of Department of Homeland Security Seal

In accordance with DHS Management Directive 123-06, 18 U.S.C. § 506, 18 U.S.C. § 701, 18 U.S.C.

§ 1017 and 28 U.S.C. § 1733(b), the usage of the DHS seal shall be requested by completing DHS Form 0030 (12/08).

Request shall be submitted to the Contracting Officer, who will be responsible for submitting the form for review by the DHS Office of Public Affairs.

DHS must be acknowledged in any presentation (oral or written) of work that is a direct result of contractor’s support work to DHS. Any presentation that contractor makes that relates to work conducted by or funded by or for DHS must be provided to the Order level COR with a courtesy copy to the Order level CO for review prior to presentation. Contractor must obtain Order level COR or CO guidance and permission prior to development of presentation or acceptance of invitation to make presentation.

Contractor is not permitted to present DHS work or their participation in DHS work for business promotional purposes, prior to Order level COR and CO permission.

Any questions, comments, or concerns on presentations shall be addressed to the respective Order level COR and CO.

(End of Section D)

E Inspection and Acceptance

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

FAR Clause Title Date 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) (Alt I)

E.2 Inspection

(a) Inspection of all items under this IDIQ shall be accomplished at the Task Order level by the cognizant DHS Contracting Officer’s Representative (COR), or any other duly authorized Government representative in accordance with the applicable FAR clauses and Section C of this contract.

(b) All deliverables will be inspected for content, completeness, and accuracy and conformance to IDIQ and Task Order requirements. Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in Section C. The scope and nature of this testing will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables and services.

(c) The Government requires a period not to exceed thirty (30) calendar days after receipt of services and final deliverable items for inspection and acceptance or rejection unless otherwise specified in Section C or the terms of a Task Order. The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days of receipt of services or deliverables. Absent written notification within 30 calendar days of receipt, final deliverables shall be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.3 Acceptance

(a) Acceptance of all work and effort under the associated Task Orders shall be accomplished in writing by the Task Order Contracting Officer or their duly designated representative.

(b) The basis for acceptance shall be in compliance with the requirements set forth in Section C, the terms and conditions of this contract, and other terms and conditions specified at the Task Order level. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

(d) Non-conforming products or services will be rejected or revised as directed by the Task Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty (30) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Task Order Contracting Officer of the reason for the delay and provide a proposed corrective action plan within ten (10) business days.

(End of Section E)

F Deliveries or Performance

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

FAR Clause Title Date 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 Ordering Period of Performance

The DCCO IDIQ ordering period will be for up to ten (10) years consisting of the following performance periods and durations:

Base Ordering Period: 5 years Optional Ordering Period 1: 3 years Optional Ordering Period 2: 2 years

* Actual dates will be completed at award.

Task Orders may extend up to twelve (12) months beyond the IDIQ Contract’s expiration or termination date if issued before the IDIQ Contract’s expiration or termination date.

F.3 Place of Performance

The places of performance include:

Contractor’s facilities

DHS DC1 located at the NASA Stennis Space Center in Mississippi

Colocation centers selected as part of the HCE.

Access, safeguarding, and operation of classified information and systems may be required at all places of performances and will be specified at the Task Order Level when required. If classified information and systems is to be accessed, safeguarded, or operated a Top Secret Facility Clearance shall be required.

Additional places of performance may be established at the Task Order Level.

F.4 Deliverables

(a) Contract deliverables are listed and described in Section C, specifically Attachment J-2

“Performance Work Statement.”

(b) All applicable Task Order deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in Task Orders issued under this IDIQ, as applicable.

(c) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M.

local time at destination, Monday through Friday, unless stated otherwise in a Task Order.

(d) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

(e) In addition to the deliverables required by this contract, additional applicable deliverables may be required, where their specific format and delivery schedule will be specified in the individual Task Orders issued under this IDIQ contract.

F.5 Workspace

Contractor personnel are responsible for their own workspace and therefore, shall at the end of each workday clean up all debris, properly discard all materials, and properly store all sensitive documents resulting from their operations. If telecommuting, contractor personnel shall ensure all Government issued property is well guarded at all times by contractor personnel and all Government information is protected from public view. Negligence or loss of property and Government information will have negative impact on Contractor performance evaluation and may result in the removal of contractor personnel from the TO.

F.6 Service Level Agreements

(a) The Service Level Agreements found in Attachment J-2 are established at the contract level and flow down to each of the Task Orders when the associated CLINs are ordered. Service Level Agreement thresholds and performance will be continually reviewed by the Government and Contractor. Service Level Agreement change proposals may be considered and potentially negotiated annually or at the Government’s discretion.

(End of Section F)

G Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the contract will be set forth on individual Task Orders.

G.2 Primary Government Roles and Responsibilities

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.3 DCCO Contracting Officer (CO) – IDIQ Contract Level

The DCCO IDIQ CO has the overall responsibility for administration of the DCCO IDIQ contract. The DCCO IDIQ CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. In the event the Contractor effects any such change at the direction of any person other than the DCCO IDIQ CO, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The DCCO IDIQ CO for this contract is:

Name: TBD Email: TBD Tel No: TBD

G.4 DCCO Contracting Officer’s Representative (COR) – IDIQ Contract Level:

The DCCO IDIQ COR is responsible for the receipt and acceptance of the IDIQ-level deliverables and reports and past performance reporting for the DCCO IDIQ contract. The COR supports the DCCO IDIQ CO in the general management of the program. The DCCO IDIQ COR will be:

Tel No: TBD

The IDIQ COR for this contract will be identified by the IDIQ CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.5 DCCO Program Manager (PM) – IDIQ Contract Level:

The DCCO Program Manager (PM) has the overall responsibility for the DCCO program. The PM, with support of the IDIQ-Level COR, is responsible for the program related activities, including reporting, communications, marketing, outreach and training. The DCCO PM is:

Tel No: TBD

The IDIQ COR for this contract will be identified by the IDIQ CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.6 Order Level Contracting Officer (CO)

All warranted DHS COs are considered Order Level COs. Task Order Contracting Officers may negotiate additional terms and conditions to Task Orders at their discretion, but they do not have the authority to change any of the terms and conditions established at the IDIQ level.

G.7 Order Level Contracting Officer Representative (COR)

Task Order COs may designate individual Task Orders Level Contracting Officer Representative (COR) that will be responsible for the day-to-day coordination of that Task Order. The COR for each Task Order will be appointed by the Task Order CO through a written designation. A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor.

G.8 Task Order Placement Procedures

(a) The Government will order any products and services to be furnished under this IDIQ contract by issuing Task Orders from the effective date of the IDIQ through the expiration date of the IDIQ.

(b) Warranted COs within DHS may directly place orders under the contract to obtain services for their Component. Ordering offices will be responsible for the issuance, administration, payment and closeout of their orders. All orders are subject to the terms and conditions of this IDIQ. In the event of conflict between an order and this IDIQ contract, the IDIQ shall prevail.

(c) Under no circumstances, will a Task Order change the requirements of the IDIQ. Should a Contract User require such a change, specific approval must first be obtained from the IDIQ CO.

(d) Issued Task Orders will identify the services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government- Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace) and activate performance.

G.9 Invoice Preparation and Submission

Please see FAR 52.212-4(g).

Invoices instructions will be specified at the Task Order Level by the individual ordering Components.

Unless otherwise stated in the Task Order, the Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to include at a minimum, the following information:

(a) Name and address of the Contractor;

(b) Invoice date and number;

(c) Contract number, contract line item number (CLIN) and delivery order number;

(d) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(e) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(f) Terms of any discount for prompt payment offered;

(g) Name and address of official to whom payment is to be sent;

(h) Name, title, and phone number of person to notify in event of defective invoice; and

(i) Electronic funds transfer (EFT) baking information.

All invoices shall be submitted to the “Designated Billing Office” and/or “Designated Payment Office” address specified in each Task Order. Invoices will be handled in accordance with the Prompt Payment Act and a payment will be made for items accepted by the Government that have been delivered to the delivery destination set forth in each delivery order.

Invoice for a time-and-material or labor-hour delivery order shall be billed and processed in accordance with the FAR Clause 52.212-4, Alternate I (Feb 2007).

(End of Section G)

H Special Contract Requirements

H.1 Authorized Users

This IDIQ contract is available for the use by only the DHS and its Components. All resulting requirements anticipated for execution under this IDIQ Contract shall be coordinated through the Office of the Chief Information Officer (OCIO) Directorate of Information Technology Operations (ITO) Enterprise Operations Division (EOD).

All Task Order solicitations must be sent to the IDIQ COR at the same time they are sent to the Contractor. The Contractor shall not provide a response to any Task Order solicitation that the IDIQ COR was not copied on.

H.2 Training

The Government will not allow costs, nor reimburse costs associated with the Contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this IDIQ contract or any Task Order. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.3 Clause Refresh

DHS reserves the unilateral right to update the clauses in this contract based upon changes to the FAR or HSAR upon written notification to the contractor or as a result of mutual agreement of the parties.

H.4 Government Furnished Property (GFP)

(a) The Government may furnish, entirely at its own choice, to the Contractor certain property to be used on-site on a no-cost-for-use basis, as necessary for the technical performance of the IDIQ. The Contractor shall use all reasonable care in protecting said property from damage or losses incurred, and will immediately advise the IDIQ COR of any repairs needed, damages or losses incurred, replacement required, etc. In no event shall any item of property, other than office operating supplies, be relocated or disposed of without the expressed authorization of the

IDIQ COR.

(b) Thirty (30) calendar days prior to the end of the IDIQ’s ordering period, or upon termination of the IDIQ, the Contractor shall furnish to the IDIQ COR a complete inventory of all Government Property in its possession under the contract that has not been tested to destruction, completely expended in performance or incorporated and made a part of a deliverable end item.

The IDIQ COR will furnish disposition instructions on all listed property which was furnished or purchased under the IDIQ.

(c) Additional GFP will be specified in individual Task Orders.

H.5 Government Furnished Information (GFI)

(a) The Government may provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) as it relates to DHS Wide Area Network connectivity and performance as required to support Contractor delivery of services.

(b) The Government may also provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) in support of a specific task. Such GFI will be specified in individual Task Orders.

H.6 Software made Available for Contractor’s Use

(a) The Government, from time to time, may make certain software acquired under license available to the Contractor for its use in the performance of this contract.

(b) The Contractor recognizes and acknowledges that such software or data contained therein may be proprietary and confidential to a third party.

(c) The Contractor agrees that it and its employees will not use, copy, disclose, modify, or reverse engineer such software except as permitted by the license and any other terms and conditions under which the software is made available to the Contractor.

(d) The Contractor is not authorized to violate any software licensing agreement, or to cause the Government to violate any licensing agreement. The Government shall make such software licenses available to the Contractor for inspection upon the Contractor’s reasonable request to a Task Order CO. If, at any time during the performance of any Task Order under this IDIQ, the Contractor has reason to believe that its utilization of Government furnished software may involve or result in a violation of DHS's licensing agreement, the Contractor shall promptly notify the Task Order CO, in writing, of the pertinent facts and circumstances. Pending direction from the Task Order CO, the Contractor shall continue to perform to the full extent possible without utilizing the software in question.

H.7 Contractor Acquired Property

In the event the Contractor is required to purchase property in the performance of this IDIQ or an associated Task Order, compliance with the procedures of FAR Part 45, Government Property, is required.

H.8 Equipment Refresh

The Contractor shall not charge for equipment refreshes of all Contractor Furnished Equipment when the equipment is no longer capable of meeting service level agreements regarding performance, reliability, or security. Performance and reliability are constrained by the equipment's original specifications and security is in compliance with DHS 4300a - Sensitive Systems Handbook.

Software refreshes on Contractor Furnished Equipment will be provided when the software has reached its OEM published end-of-life phase where patching or security updates can no longer be received as part of a software maintenance agreement. In cases where recommended OEM upgrades and the timing of upgrades are not consistent with stable DHS operations or time left in the Period of Performance, Contractor and Task Order COR shall agree upon a refresh schedule to be implemented.

H.9 NASA Facility

The Data Center 1 facility is located in a facility that is owned and operated by the National Aeronautics and Space Administration (NASA).

H.10 Contractor Performance Assessment Reporting System (CPARS)

CPARS is a web-enabled application that collects and manages the library of automated CPARs. CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The contractor shall participate in the DHS CPARS program via the CPARS website at: https://www.cpars.gov/.

H.11 Contractor Employees’ Identification

During the period of this contract, the rights of ingress and egress to and from any office for the Contractor’s personnel shall be made available, as deemed necessary by the Government. All Contractor employees, whose duties under this contract require their presence at any Government facility, shall be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges shall be worn on the outer garment at all times. Obtaining the corporate identification badge is the sole responsibility of the Contractor. All prescribed information shall immediately be delivered to the appropriate Government Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. All on-site Contractor personnel shall abide by security regulations applicable to that site.

H.12 Interrelationships of Contractors

(a) The Government has entered into other contractual relationships in order to provide technical support services in the conduct of studies, analyses and engineering activities separate from the work to be performed under this contract, yet having links and interfaces to them. Further, the Government may extend these existing relationships or enter into new relationships. The Contractor may be required to coordinate with such other Contractor(s) through the IDIQ and Task Order CORs in providing suitable, non-conflicting technical interfaces and avoidance of duplication of effort. Through suitable taskings, these other Contractor(s) may be requested to assist the Government in the technical review of the Contractor’s technical efforts. Information on reports provided under this SOW may, at the discretion of the Government, be provided to such other Contractor(s) for the purpose of such review.

(b) A Non-Disclosure Agreement (NDA), DHS Form 11000-6, shall be signed by all Contractor employees assigned to perform services under a TO prior to any work commencing on the TO.

H.13 Standard of Conduct at Government Installations

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity; and shall be responsible for taking such disciplinary action with respect to its employees, as necessary.

H.14 Interconnection Security Agreements

Interconnections between DHS and non-DHS IT systems shall be established only through controlled interfaces and via approved service providers. The controlled interfaces shall be accredited at the highest security level of information on the network. Connections with other Federal agencies shall be documented based on interagency agreements; memoranda of understanding, service level agreements, or interconnect service agreements.

H.15 Section 508 Requirements

Please see section 6.9 Section 508 Compliance of the Performance Work Statement, Attachment J-2, for the applicable Section 508 Requirements.

H.16 Transition Out

In order to facilitate orderly transfer of services to the Government or its designee, the Contractor shall, prior to the expiration of this contract and any associated Task Orders or upon receipt of any notice of termination, provide transition out services as requested by the Government, including but not limited to:

(a) Inventory: At the transition out of this IDIQ and any associated Task Orders, the Contractor and Government shall conduct a joint inventory assessment of Government Furnished Property accounts for the Contractor’s staff (i.e. hand receipts of cell phones, blackberries, etc.) to ensure a full accounting of all Government property. The Government will hold the Contractor liable for any damaged or lost equipment, and the Contractor shall ensure all other Government equipment is in working order.

(b) Observations: The Contractor shall permit the successor contractor (and the successor contractor’s employees) to observe and become familiar with any and all operations specified in this IDIQ and any associated Task Orders for a minimum of 90 business days, or for a IDIQ COR specified timeframe, prior to the expiration or termination of this IDIQ and any associated Task Orders. The Government intends to require any Successor to coordinate activities in advance with the Contractor to minimize any interference or disruption in performance by the Contractor.

(c) Maintenance of Systems and Services: The Contractor shall maintain the full operational status of all Government systems and services for which it has responsibility for operating and shall retain responsibility for all Government furnished property, equipment and systems, and to continue all current work in progress until the successor contractor assumes full operational responsibility. Any contract extensions necessary for transition purposes will be performed in accordance with FAR 52.217-8 “Option to Extend Services” and/or FAR 52.237-3 “Continuity of Services.”

(d) The Contractor shall not destroy, delete, or otherwise dispose of any files or data upon expiration or termination of this IDIQ and any associated Task Orders without prior permission from the IDIQ COR.

(e) Cooperation: The Contractor shall cooperate with the successor contractor and the Government so as not to interfere with their work or duties.

(f) The Contractor shall ensure that all hardware/software/services/colocation agreements and associated maintenance agreements entered into under this IDIQ and any associated Task Orders are transferable to the Government and/or to other Contractors at the discretion of the Government.

(g) Subject to bilateral agreement, DHS (or a designee) may acquire any Contractor owned hardware asset used in delivering services under this IDIQ at the asset’s net book value. The Contractor will use prescribed Generally Accepted Accounting Principles (GAAP) methods to depreciate the book value of the asset over its life. The primary asset life for data center equipment such as but not limited to, servers, storage equipment, network equipment is five years. The original acceptance date of equipment, even if it is prior to this contract, shall be the effective date for calculating the remaining useful life of the equipment. For example, a server refreshed within Option Year 3 will be setup to depreciate on a straight line basis over a 5 year period; as such at the end of the IDIQ contract the assets will have a remaining book value of 2.5 years (i.e. the remaining depreciation beyond the contract term). The Contractor shall maintain the existing hardware asset inventory that details the hardware item (at an aggregate configuration level) and its net book value. For contractor owned hardware in support of services being delivered that has been fully paid for through a project-based pricing structure, DHS may assume ownership for the equipment at no additional cost.

(h) For Contractor leased hardware assets or services, the Contractor may employ an operating lease, where the lessor (or owner) transfers only the right to the Contractor to use the property; at the end of the lease period, the Contractor will return the property to the lessor. For Contractor leased hardware assets the Contractor may also employ a longer term capital lease, lease to own lease where the Ordering Offices acknowledges that it contemplates the use of the equipment for the entire term of the lease identified (“Lease Term”). All leases must comply with the terms described in Section H.11. Terms and conditions to transfer the lease to the government or the government’s designee will be negotiated with each vendor at the inception of the lease.

Subject to bilateral agreement, DHS (or its designee) may acquire Contractor leased hardware assets at an amount equal to the present value of the remaining Contractor lease obligation.

Alternatively, DHS or its designee will be able to buy the leased equipment under 52.207-5 “Option to Purchase Equipment” or transfer Contractor leased assets used in delivering services under this IDIQ by assuming the lease terms and conditions of the lease contract. Or, the Contractor can provide these assets on a monthly “as a service” basis to DHS or its designee. For contractor leased hardware in support of services being delivered that has been fully paid for through a project based pricing structure, DHS may assume ownership for the equipment at no additional cost.

Contractor shall maintain a hardware asset inventory that details the hardware item (at an aggregate configuration level), and the operating lease cost and associated lease transfer terms and conditions.

(i) Subject to bilateral agreement between the Contractor and the Government, the following progression of alternatives will be applied for all Contractor owned/provided software used in delivering services under this IDIQ. The Contractor shall make every effort to achieve the objectives in a higher level alternative before progressing to the next alternative:

1. Contractor will work with the software vendors and cloud service providers to include terms and conditions at acquisition for the transferability of software and cloud services in use to DHS at no additional cost.

2. Contractor will work with the software vendors and cloud service providers at acquisition to include terms and conditions for the transferability of software and cloud services in use to DHS with only minimal additional cost for the record keeping update.

3. Contractor will work with the software vendors and cloud service providers at acquisition to include terms and conditions that allow DHS to purchase the software and cloud services for a predefined transfer fee.

4. Notwithstanding the above progression some software or cloud services may not be transferrable pursuant to vendor standard commercial terms and conditions.

The Contractor shall maintain a software asset inventory and cloud service inventory.

H.17 Architectural Compliance

(a) All DHS Wide Area Network circuits must be part of the DHS Enterprise Network architecture unless a waiver is approved by the DHS CIO, which will be coordinated by the TO Level COR.

(b) All solutions and services shall meet DHS Enterprise Architecture policies, standards, and procedures. Specifically, the Contractor shall comply with the following Homeland Security Enterprise Architecture (HLS EA) requirements:

(1) All developed solutions and requirements shall be compliant with the HLS EA.

(2) All IT hardware or software shall be compliant with the HLS EA Technical Reference Model (TRM) Standards and Products Profile.

(3) Description information for all data assets, information exchanges and data standards, whether adopted or developed, shall be submitted to the Enterprise Data Management Office (EDMO) for review, approval and insertion into the DHS Data Reference Model and Enterprise Architecture Information Repository.

(4) Development of data assets, information exchanges and data standards will comply with the DHS Data Management Policy MD 103-01 and all data-related artifacts will be developed and validated according to DHS data management architectural guidelines.

(5) Applicability of Internet Protocol Version 6 (IPv6) to DHS-related components (networks, infrastructure, and applications) specific to individual acquisitions shall be in accordance with the DHS Enterprise Architecture (per OMB Memorandum M-05-22, August 2, 2005) regardless of whether the acquisition is for modification, upgrade, or replacement. All EA-related component acquisitions shall be IPv6 compliant as defined in the U.S. Government Version 6 (USGv6) Profile

(National Institute of Standards and Technology (NIST) Special Publication 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program.

H.18 Interconnection Security Agreements

Interconnections between DHS and non-DHS IT systems shall be established only through controlled interfaces and via approved service providers. The controlled interfaces shall be accredited at the highest security level of information on the network. Connections with other Federal agencies shall be documented based on interagency agreements; memoranda of understanding, service level agreements, or interconnect service agreements.

H.19 Security Requirements

No classified work is authorized without an approved DD Form 254 and the appropriate personnel security clearances.

Subcontractors shall comply with the same security clearance requirements as the contractor. Contractor shall issue a DD Form 254 to each subcontractor, as directed by the Government, reflecting the level of security requirements applicable respective to the level of support provided by the subcontractor.

Classified materials up to a TOP SECRET level may be transmitted to contractor for safeguarding, storage or retention on contractor site. Contractor shall adhere to all applicable laws, regulations, orders, guides, and directives pertaining to Classified, Sensitive But Unclassified, FOUO, and personally identifiable information. Contractor shall safeguard Sensitive But Unclassified, FOUO information specifically in accordance with DHS Management Directive 11042.1. Contractor shall establish and implement appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of classified and sensitive Government information, data, and/or equipment. If contractor personnel are ever uncertain about the handling or treatment of any information or data, they shall consult the TO COR.

H.20 Disclosure and Avoidance of Inherently Governmental Functions

(a) In accordance with FAR Subpart 7.5, Inherently Governmental Functions, no personal services shall be performed under this IDIQ or any associated Task Order. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify both the IDIQ and Task Order Contracting Officers of this communication or action.

(b) The Contractor shall not perform any inherently governmental actions as defined by FAR Subpart 7.5. No Contractor employee shall hold him or herself out to be 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. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the

Contractor employee shall state that they have no authority to in any way change the IDIQ contract or Task Order and that if the other contractor believes this communication to be a direction to change their contract or Task Order, they should notify their Contracting Officer and not carry out the direction until a clarification has been issued by their Contracting Officer.

H.21 Contractor Protocol

Contractor…