RFQ Attachment III - Special Requirements- Contract Admin - Revised.pdf

Attachment III

SPECIAL REQUIREMENTS

Special Requirements are incorporated in the resulting contract.

Period of Performance:

The period of performance will begin on or about June, 2020 and run through June 2025, assuming the exercise of all option periods (one year base plus four full option years). A six month extention under 52.217-8 may be ordered in addition to this Period of Performance.

Place of Performance:

Off-Site and in EXIM bank facilities. Work is primarily anticipated to be at contractor’s location.

Hours of Work:

In the event Contractor performs any of its services in the facilities of EXIM within the US, the following will apply:

EXIM Hours of Operation are:

Monday – Friday 8:00am – 5:00pm, excluding Federal Holidays

Supervision of Employees:

The Contractor's employees shall remain under the Contractor's direct supervision at all times. The Contractor's employees and supervision shall remain the responsibility of the Contractor.

Meetings:

Status Meetings and Project Reviews shall be held regularly as required to ensure effective program management and efficient and effective resolution of problems throughout the life of the contract. The Contractor’s manager shall meet on a periodic basis with the EXIM Bank to discuss the project’s progress, planned activities, issues, and other items as requested by the Contractor or the EXIM Bank. The frequency of these meetings will be determined as mutually agreed between the Contractor and the Government.

Non-Conforming Products or Services:

Non-conforming products or services will be rejected. Unless otherwise specified in individual orders, the Contractor shall correct deficiencies within 10 work days of the rejection notice.

Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure the Solution is delivered and services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures itself that its work complies with the requirement of the contract. The Contractor shall submit the Quality Control Plan (QCP) with submission of its Quote as part of its Management Approach.

Copies of a comprehensive QCP shall be submitted to the Contract Specialist, CO and COR within 5 working days when changes are made thereafter. After acceptance of the QCP the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.

Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level (AQL). The Government’s QASP is reflected in the Performance Requirement Summary (PRS) used in this RFQ and in the resulting award.

Restrictions Against Disclosure

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

General:

EXIM Bank Compliance with Homeland Security Presidential Directive (HSPD) 12:

Portions of the following Directive apply to performance of services by a Vendor within EXIM or Government facilities, while other portions addressing access to Government information apply to the Vendor’s effort under the resulting contract regardless as to location of performance of work under the resulting contract. The Vendor is responsible for compliance with the Directive, as applicable:

(a) Homeland Security Presidential Directive (HSPD) 12, established requirements leading to the adoption of common procedures for registration, enrollment, and credentialing (badging) of federal employees, contractors and others, who require frequent access to federal facilities and or information systems. 1 The technical standard for the credential is called Federal Information Processing Standards Publication (FIPS) 201-1, Personal Identity Verification (PIV) of federal employees and contractors. FIPS 201 includes a description of the minimum requirements to be completed before credential (badge) issuance. 2

(b) Executive Order (EO) 10450, Security Requirements for Government employees, serves as an important guideline and acknowledges there may be instances where discretion could be used when applying some of the requirements to certain individuals who require temporarily access to a federal facility. 3 The concern is addressed in further detail in the Government Service Agency (GSA) Federal Identity Management Handbook (FIMH), wherein guidance is provided in terms of the methodology employed in dealing with temporary employees, contractors, and visitors. 4 This EO further states that the minimum level background investigation required for all federal employees and contractors is the National Agency Checks with Inquiries (NACI). 5 The EXIM Bank assumes the responsibility of the Office of Personnel Management (OPM) cost of the investigations for those contractors in service with the EXIM Bank.

(c) The guidelines outlined below in this EXIM Bank document contains all the requirements to complete the process for contractors; however, they should be viewed as the absolute minimum requirements, subject to and dependent upon, a review of the risk and other factors prior to granting any identification badge or favorable adjudication on any background investigation results. Ultimately, the process becomes an agency risk based exercise wherein several areas are analyzed. Among them are: A review of the individual’s criminal history, the position designation (which helps determine the level of background investigation required for their job), the individual’s personal suitability for the duty position as determined through the adjudication of their background investigation results and the access requirements to the EXIM Bank’s facility and or information system.

Step 1: The Contracting Officers Representative (COR) sends an e-mail to the Office of Security (OSY) exim.security@exim.gov, Office of Chief Risk Officer, containing a Building and System Access Request Form (BSARF), announcing the pending arrival of a new Contractor. The BSARF should be filled out completely with the name, start date, contract number, contract expiration date, e-mail address of the new Contractor, and company should be in the email. OSY will then email the contractor all the necessary forms (OF 306, Declaration for Federal Employment, SF 85, Questionnaire for Non-Sensitive Positions, and Credit Release Form) are required for employment at EXIM. The forms are required to initiate a FBI Name Check and a formal background mailto:exim.security@exim.gov investigation, if one is required. All the forms need to be returned to OSY within five (5) business days upon receipt of email from OSY.

• Note 1: The Contractor shall not work on site or charge time to the contract without the confirmation of the completion of the name check or the submission of a waiver by the COR. If a waiver is granted, the contractor will be escorted in the Government facilities by a Federal Employee and will have limited and or supervised access to systems resources.

Step 2: The information contained on the required forms will be used to query the Personnel Investigations Processing System (PIPS) to determine or verify the new Contractor background investigation status. If a current investigation exists, the COR will receive a Notification of Background Investigation or Clearance e-mail pertaining to the new Contractor.

• Note: The FBI Name Check will be dispatched if no record of previous investigation exists, or if the investigation on record has expired. The FBI Name Check takes an average of four business days to process. Once the name check results have been favorably adjudicated, the COR will be notified by receiving an FBI Name Check Results e-mail.

The COR will notify the Contractor’s coordinator of the result.

Step 3: (This step can be completed by the Contractor before his/her start date at the bank)

If the new hire Contractor was determined to require a new background investigation, OAS personnel will send he/she an e-mail containing an Electronic Questionnaires for Investigations Processing System (e-Qip) link that will enable them to complete all the required documentation associated with their identified level of background investigation requirement. As previously referenced, in most cases, this will be a NACI level investigation. Under normal circumstances, the Contractor will be provided five (5) working days in order to complete the on-line background investigation procedure and is instructed to bring back, the completed and signed e-Qip Signature Sheets and any other documentation that may have been sent in their e-mail as an attachment.

Step 4: Upon arrival to OSY, the Contractor shall hand deliver all the signed e-Qip Signature Sheets, and attachments pertaining to their level of background investigation. The Contractor will be “Identity-Proofed” \6 by OSY personnel using the two approved forms of identification referenced in the foot note below. Provided there are no issues, the Contractor is then provided a Badge Authorization Memo. This will complete the process of obtaining the new badge and will enable OSY to send the background investigation packet to the Office of Personnel Management (OPM) for investigation. The fingerprints are taken electronically and are sent to the FBI for a more detailed search for a criminal history.

Step 5: As a result of the fingerprints being sent to the FBI for a criminal history check, OSY personnel will review PIPS and check to see if any further details arise. Any derogatory information may impact the Contractor’s access to EXIM Bank facilities or information systems until and if the issue(s) are favorably adjudicated.

Step 6: The average time of completion of a NACI level investigation is 3-4 months. Once the investigation returns from OPM it will be adjudicated by OSY personnel and suitability determination made and granted by the Personnel Security Representative (PSR). Once a favorable determination has been made the COR will be sent a Notification of Background Investigation or Clearance e-mail pertaining to the Contractor involved. In the event there are issue(s) which require the Contractor to provide additional information, OSY personnel will make contact directly and only with the Contractor involved and the issues will be further address in greater detail to the extent required in order to enable the Personnel Security Representative (PSR) to make either a favorable or non-favorable adjudication on the level of investigation.

Step 7: The Contractor shall immediately notify the CO, COR and OSY when an employee no longer requires access to Export-Import Bank facilities or computer systems due to transfer, completion of a project, retirement or termination of employment. The Contractor’s badge must also be turned in OAS prior to departure.

Security:

The Vendor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The Vendor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Vendor’s procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Vendor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by EXIM Bank, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control;

destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the EXIM Bank networks and/or the security posture of any EXIM Bank information asset gathered or created under this contract will be considered SBU information. It is anticipated that this information will be gathered, created and stored within the primary Government work location. If the Vendor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Vendor must remove any materials from the primary work location prior approval must be obtained from the COR.

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

(d) Security Classification

The preparation of the deliverables under this contract will be completed at a Sensitive-But- Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

(e) Facility Access

All Vendor personnel who work at the EXIM Bank must have approval for facility access; the Vendor must supply the names and other required information of those employees selected to perform the work to the COR.

(f) Confidentiality and non-Disclosure

The Vendor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the Vendor are the property of the U.S. Government and cannot be reproduced, or retained by the Vendor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract.

A mutual release, similar in form and substance to PWS Attachment 2, will be required of the awardee prior to engaging in any services under the contract. The Vendor shall propose an appropriate NDA for consideration by EXIM prior to engaging in any services under the awarded contract.”

Export-Import Bank Building Access Procedures:

(a) Citizenship Requirements. All Contractor staff required to perform work within EXIM facilities shall be U.S. citizens, have lawful permanent resident status, or possess a valid “green card” or equivalent.

(b) Building Access. Contractor maintenance technicians (i.e. subcontractors to the contractor) must contact the COR (or any other individual designated by the COR) in advance to coordinate scheduling of maintenance visits. Contractor maintenance technicians must be escorted upon arrival to and from the work site and must maintain communication with the COR or EXIM designated individuals.

Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the

OCI.

Government Furnished Facilities/Property/ Information:

The contractor is expected to perform primarily at their location. However, in the event the contractor requires access to EXIM computer systems, equipment, or information, the contractor will be provided such access subject to EXIM security requirements.

Access to Bank Staff: The Contractor is expected to communicate with EXIM primarily with the COR or CO for all communications. Access to other EXIM personnel or contractors will be permitted when reasonably necessary and in coordination with the COR. The Contractor shall provide the COR with a list of contractor personnel who may need access to EXIM personnel. The Contractor’s project manager shall maintain the list and update as needed. The Contractor’s project manager will provide the COR with current copies of this list.

Hold Harmless and Indemnification Agreement:

The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way under the terms of each call/order, resulting in whole or in part from the negligent act(s) or omissions or willful misconduct of the Contractor.

CONTRACT ADMINISTRATION

Post Award Conference:

Within the five days after contract award, the contractor shall provide a draft agenda to EXIM Bank and hold a telephone discussion with EXIM Bank to schedule orientation meeting, discuss the agenda and decide who will attend the meeting. Within seven days of the award of this contract, the contractor shall meet with EXIM Bank staff virtually or at EXIM Bank’s headquarters in Washington, D.C. The purpose of this meeting is to ensure a common understanding of the PWS requirements, the expectations of both parties, and ultimate end products required of the PWS. The contractor shall discuss its overall understanding of the project and review the background information and materials provided by EXIM. Discussions will also include the scope of work, deliverables to be produced, how the efforts will be organized and project conducted; assumptions made/expected and results. A concerted effort shall be made to gain a thorough understanding of EXIM’s expectations. However, nothing discussed in this or in any subsequent meetings or discussions between EXM and the Contractor related to contract kickoff shall be construed as adding, deleting, or modifying any call/order requirements, including deliverable specifications and due dates, unless reduced to writing in a contract amendment issued by the Contracting Officer. The contract kick-off meeting topics shall include, but not be limited to:

• mutual understanding of project objectives and priorities;

• contract schedule, including milestones, dates for submission of deliverables, and required timeframes for clearance activities;

• formats for reporting and general project progress;

• protocols for all communications with the Contracting Officer’s Representative (COR), EXIM headquarters and regional EXIM Bank staff;

• confirmation of subtask staffing; and

• potential challenges and possible strategies to successfully address them.

Within one week after the orientation meeting, the contractor shall prepare and submit to EXIM Bank an electronic copy of the draft Summary Memorandum documenting the discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of any outstanding issues and strategies for resolving them. The final meeting summary (in electronic form) shall incorporate EXIM Bank’s comments and be provided to EXIM Bank within one week of receiving EXIM Bank feedback.

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the call/order. This authority remains solely with the Contracting Officer. In the event the contractor effects any change 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 price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer and Contract Specialist (if any) have the authority to contact the contractor to discuss costs and/or technical requirements of the contract. Only the Contracting Officer can make changes to the cost of the contract. The COR has authority to provide technical direction and guidance to the contractor. The COR does not have authority change the Terms of the award.

(c) Contact between the contractor and government employees other than the CO, Contract Specialist and or the COR could result in unauthorized commitments. Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting Officer. The CO must be a part of all contacts and meetings with the contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer. All substantive contacts between the COR and the contractor must be documented and retained in the COR’s contract correspondence file. As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of contacts between the COR and contractor that require documentation include providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The contractor shall designate one individual to be contacted during the period of the contract for contract administration. This individual must be available to respond to the Government in a prompt and timely manner:

Name:* Title:* Phone:* Email:* *to be completed by Contractor

(e) Contracting Officer (CO):

Robyn Moore Contracting Officer Export-Import Bank of the US Office of Contracting Services 811 Vermont Ave., NW, 10th floor Washington, D.C. 20571

(f) Contracting Specialist

To be determined as needed

(f) Contracting Officer’s Representative (COR):

TBD at time of award

Export-Import Bank of the US

Office of Contracting Services 811 Vermont Ave.

Washington, D.C. 20571

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

“Contract Specialist” – The Contracting Specialist (CS) has the responsibility of providing support to the Contracting Officer with basic procurement procedures and contract administration. The CS is the contract administrator for all requirements of the specific contract.

The COR is not authorized nor has authority to:

• Award, agree to, or sign any contract, delivery order, task order or BPA call. All contractual agreements, commitments, or modifications shall be made only by the

CO.

• Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

• Grant deviations from or waive any of the terms and conditions of the contract.

• Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

• Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

• Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

• Change the period of performance.

• Authorize the purchase of equipment, except as required under the contract.

• Authorize the furnishing of Government property, except as required under the contract.

• Authorize subcontracting or the use of consultants.

• Approve shifts of funding between line items of the budget.

• Approve travel and relocation expense over and above that provided for in the contract.

• Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work (call/order), the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract or to the call/order; or until the issue has been otherwise resolved.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502, this contract is subject to CPARS (if over $150,000). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract. CPARS is located at http://nslcptsmh.navsea.navy.mil/. Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual(not more than three) that will be assigned as your Contractor Representative for CPARS.

Name Phone E-mail Address

*To be completed by the contractor

Payment Terms:

(a) Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor or other charges are accurate. For Labor-Hour orders, the Government will pay only for hours authorized, worked, and accepted.

(b) If the services are rejected for failure to conform to the technical requirements of the call/order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(c) Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of EXIM Bank such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing or Government shutdown if funding lapses. This may, however, be justification for excusable delays.

(d) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services or deliverable for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices or contract provision, and the http://nslcptsmh.navsea.navy.mil/ services or deliverable are of the quality required for timely and successful completion of the effort.

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/Offerors/index.htm. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order, BPA Call number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Remit address including name, title, phone number, complete mailing address of responsible official to whom payment is to be sent, and banking information;

7. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

8. Taxpayer Identification Number (TIN) or DUNS+4; and

9. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. Invoice Processing Platform (IPP) – http://www.ipp.gov/Offerors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• e-mail notification when invoice(s) are paid

• online payment history

• remittance download

The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing http://www.ipp.gov/vendors/index.htm http://www.ipp.gov/vendors/index.htm

IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov.

mailto:IPPCustomerSupport@fms.treas.gov

Export-Import Bank Building Access Procedures: