B08 W91RUS24R00200002 Mod 6JUN.pdf

ACC-APG - HUACHUCA DIVISION

ANGELA TAYLOR 2133 CUSHING ST

FT HUACHUCA AZ 85613

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

14.1 The purpose of this admendment 0002 is to update the follow ing in response to the questions recevied from the solicitation.

14.2 Section G.4 Mandatory Language.

14.3 Section L.7 Past Perfomance (Factor Tw o).

14.4 Section L.8.5.l Volume IV 0 Cost (Factor Three)

14.5 Section J.2 - Revised Cost Workbook Template provided as a separate attachment.

14.6 Sectin J.6 - Questions and Responses provided as a separate attachment.

14.7 Extends the due date from 1600 (AZ time) on 16 June 2024 to 1600 (AZ time) on 24 June 2024.

14.8. All other terms and conditions remain unchanged..

1. CONTRACT ID CODE PAGE OF PAGES

S 1 61

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 06-Jun-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91RUS24R0020

X 9B. DATED (SEE ITEM 11)

16-May-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Jun-2024

CODE

ACC-APG - HUACHUCA DIVISION

2133 CUSHING ST

BLDG 61801 RM 3410

FORT HUACHUCA AZ 85613

W91RUS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W91RUS

FACILITY CODECODE

EMAIL:TEL:

W91RUS24R0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

EXECUTIVE SUMMARY

A. EXECUTIVE SUMMARY

Program title: The 160th Theater Signal Brigade, Administration, Information Technology Engineering and Logistical Support (AITEL) for Southwest Asia and Central Asia.

Ensure that this Request for Proposal (RFP) is read in its entirety and provide a conforming proposal that addresses all areas. Failure to do so could result in the proposal being determined non-responsive and not evaluated.

This is an unrestricted solicitation using the competitive procedures described in FAR Part 15 to procure the 160th Theater Signal Brigade Staff Support requirements for qualified personnel to execute the full range of staff support services described in this RFP to include, administrative support, operations support, information systems engineering support, and logistics support for the U.S. Army Network Enterprise Technology Command (NETCOM), 160th Theater Signal Brigade, and its subordinate commands, 25th and 54th Strategic Signal Battalions. The contractor shall provide all management, personnel, administration, deliverables, reporting, housing, leased vehicles, travel, training, and equipment required to perform the Brigade and Battalion staff support services. Primary places of performance are Kuwait and Qatar, with the possibility of expansion into other locations within Southwest Asia or Central Asia.

The period of performance (PoP) shall not exceed 68 months. See Section F for further details.

This acquisition will use a best value approach that permits trade-offs between price and non-cost factors and allows the Government to accept other than the highest technically rated and/or lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs shall be documented in the file in accordance with FAR 15.406. Therefore, award may be made to an offeror with a higher Most Probable Cost (MPC) if the added benefits to the Government warrant paying a higher cost. Offerors are cautioned that award may not necessarily be made to the lowest price offered.

The resultant contract will be a non-personal services, performance based, incrementally funded, non- commercial, cost reimbursable, single “C” type contract awarded to the responsible offeror whose proposal conforms to the RFP requirements and presents the best value to the Government, with appropriate consideration given to the evaluation factors of Mission Support, Past Performance, and Cost.

Proposals shall be submitted using the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module at https://piee.eb.mil, which was developed to provide a capability for secure, timestamped submission of contractor proposals for DoD contracting offices. Specifically, the Solicitation Module was designed to capture the documentation needed to memorialize the date and time of offer submissions, as well as to retain those files and the attendant time and date stamps. It supports large file sizes of 1.9 GB per file, with no limit on the number of files, as well as multiple file formats.

Questions shall be emailed to the points of contact for this solicitation no later than 1600, AZ time on 24 May 2024.

The points of contact for this solicitation are the contracting specialist, Angela M. Taylor at angela.m.taylor149.civ@army.mil, and the contracting officer (KO), Ana B. Brear at ana.b.brear.civ@army.mil.

The applicable PWS paragraph number and solicitation reference shall precede all questions. Questions shall not be marked with a restrictive legend and shall not include proprietary information.

Proposals shall be submitted as set forth in Section L –Instructions, Conditions and Notices (Section L) to offerors below and shall be received by the Government no later than 1600, AZ time, on 24 June 2024.

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT MANAGEMENT

G.1 CONTRACT MANAGEMENT

1. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract:

a. CONTRACTING OFFICER (KO). Total overall Government responsibility for this contract rests with the KO. All contract administration will be performed by the contracting officer at the ACC-APG Huachuca Division. All communications pertaining to contractual administrative matters will be addressed to the Contracting Officer.

b. CONTRACTING OFFICER'S REPRESENTATIVE (COR). The

Contracting Officer shall designate an individual to act as the primary COR during the term of this contract in accordance with Section I, DFARS clause 252.201-7000 Contracting Officer’s Representative. The COR will represent the Contracting Officer in all technical aspects of the work to be performed. The COR will act in a liaison capacity to coordinate activities between the Government and the Contractor, provide assistance in the identification and resolution of problems, conflicts in priority, requirement definitions, and other operations related problems. A letter of designation will be issued to the COR with a copy provided to the contractor stating the responsibilities and limitations of the COR.

2. There are limitations to the authority of the COR. Reference Section G.2 clause entitled “Contract Authority”.

G.2 CONTRACT AUTHORITY

1. CONTRACTING OFFICER'S AUTHORITY. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the Contractor.

2. CONTRACTOR'S AUTHORITY

a. The Contractor shall not accept any instructions issued by any person employed by the U.S.

Government or otherwise, other than the Contracting Officer, or the COR acting within the limits of his or her authority.

b. Neither the Contractor, not any of its employees, shall not in any way represent that they are a part of the U. S. Government or that they have the authority to contract or procure supplies for the United States of America.

G.3 LEVEL OF EFFORT (LOE) – FIXED FEE (FOR COST-PLUS FIXED-FEE, TERM

CLINS)

a. To receive payment of the total fixed fee specified in the Schedule, the Contractor agrees to provide the total LOE specified below in performance of the services specified in this contract/order. The total LOE for the performance of this contract/order shall be: 452,879 hours.

Period Of Performance CLIN Total Hours Phase In 2 months 0001AA Kuwait 11,131 Phase In 2 months 0001AB Qatar 3,478 Base Period 12 months 1101AA Kuwait 66,784 Base Period 12 months 1201AA Qatar 20,870 Option Period 1- 12 months 2101AA Kuwait 66,784 Option Period 1 -12 months 2201AA Qatar 20,870 Option Period 2 -12 months 3101AA Kuwait 66,784 Option Period 2 -12 months 3201AA Qatar 20,870 Option Period 3 -12 months 4101AA Kuwait 66,784 Option Period 3 -12 months 4201AA Qatar 20,870 Option Period 4 -12 months 5101AA Kuwait 66,784 Option Period 4 -12 months 5201AA Qatar 20,870 Total 62 months Kuwait 345,051 Total 62 months Qatar 107,828

b. The total LOE includes subcontractor direct labor.

c. Of the total LOE, it is estimated that 0 man-hours are uncompensated effort.

Uncompensated effort is defined as hours provided by personnel in excess of 40 hours per week without additional compensation for such excess work. All other effort is defined as compensated effort. If no effort is indicated in the first sentence of this paragraph, uncompensated effort performed by the Contractor shall not be counted in fulfillment of the level of effort obligations under this contract.

d. Effort performed in fulfilling the total LOE specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended performing such actions as local travel to and from an employee's usual work location, uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations, or other time and effort that does is not specifically and directly related to performing work within scope of this contract/order.

e. The LOE expended by the Contractor under this contract/order may reasonably fluctuate in order to meet the objectives of the contract/order and as outlined in technical guidance letters issued by the Contracting Officers Representatives (COR).

If the Government determines that it needs to increase the total LOE under the contract/order it will do so by issuing a bi-lateral modification to the contract/order.

f. If the Contractor believes the total LOE will be expended prior to the end of the period of performance the Contractor shall notify the Contracting Officer in writing.

The notification shall contain all the information necessary to support the need for the additional LOE as well as the cost of the LOE. If the Government concurs, the Contracting Officer will negotiate a change to the total LOE and increase the estimated cost and fixed fee as appropriate.

g. If the total LOE specified in paragraph a above is not provided by the Contractor during the specified period of performance, the Contracting Officer, at their sole discretion, shall either:

(i) Reduce the fee of this contract as follows:

Fee Reduction Percentage = Total LOE – Expended LOE

Total LOE Or

(ii) require the Contractor to continue to perform work until the total LOE shall have been expended, at no increase in the fee.

h. The Contractor shall indicate on each invoice for payment the total LOE expended during the period covered by the invoice, separately identifying compensated effort and uncompensated effort, if any.

i. Within 45 calendar days after end of a period of performance specified in the contract/order, the Contractor shall request payment of the fixed fee submitting the following information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and to the DCAA office to which vouchers are submitted:

(1) the total LOE expended during the period of performance; (2) a breakdown of the total LOE showing the number of man hours expended in each direct labor classification;

(3) justification for the amount of fee requested. Fee payment requests shall include subcontractor LOE information as applicable.

j. Notwithstanding any of the provisions in the above paragraphs, the Government is authorized to require the Contractor to provide 10 percent additional total LOE at no increase in fixed fee.

G.4 MANDATORY COST LANGUAGE

a. Invoicing For Rates That Deviate From Proposed Rates

b. Contract Performance Assessment Reporting System (CPARS)

c. If in any performance period, the Contractor is projecting a cost overrun in excess of 10% of the proposed estimated cost for that period, which is determined to not be a result of Government direction and not attributable to Forward Pricing Rate Agreement (FPRA) changes, the projected cost overrun may trigger a Show Cause or Termination for Default subject to the Contracting Officers discretion. Note: Contractors proposing at current FPRA rates and invoicing at current Provisional Billing rates will not trigger a Show Cause or termination for Default.

d. If in performance of the contract, the Contractor incurs a cost overrun of greater than 5% and less than 10% or more during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive a Marginal rating for that period’s CPARS cost element.

e. If in performance of the contract, the Contractor incurs a cost underrun of greater than 5% and less than 10% or more during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive a Good rating for that period’s CPARS cost element.

f. If in performance of the contract, the Contractor incurs a cost overrun of 10% during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive an Unsatisfactory rating for that period’s CPARS cost element

g. If in performance of the contract, the Contractor incurs a cost underrun of 10% during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive an Exceptional rating for that period’s CPARS cost element.

G.5 LEVEL OF EFFORT CHANGES

All level of effort changes resulting from other than a change in the PWS requirements shall be considered cost growth and shall be non-fee bearing for all cost reimbursement, fee bearing CLINs/SLINs.

G.6 PAYMENT OF FEE

1. The Contractor shall submit a Standard Form 1034, Public Voucher for

Purchases and Services Other Than Personal to TBD.

2. The Contractor may combine reimbursement of the monthly fixed fee with the monthly reimbursement of actual dollar costs (See Section G Clause entitled "Submittal of Invoices").

3. During each performance period, the Contractor shall be paid in accordance with FAR Clause 52.216-8, Fixed Fee, in equal monthly installments of the fixed fee attributable to that performance period. Fee will be withheld during each contract performance period in accordance with FAR Clause 52.216-8.

4. Fee Schedule is payable, minus the fee withheld, as one third (1/3) for phase in period, one ninth (1/9) for base year, and one twelfth (1/12) for the subsequent option years of the amount of Fixed Fee attributable to that performance period per month.

NOTE: All option year schedules will be incorporated by contract modification.

5. Other direct costs shall be non-fee bearing as defined in Section B.

6. Any new work not associated with the established cost reimbursable estimates will be considered on a case by case basis.

DEFENSE CONTRACT AUDIT AND ADMINISTRATION OFFICE

The contractor’s cognizant Defense Contract Audit Agency (DCAA) which will perform contract audits is: Mailing Address: DCAA

Auditor’s name: Telephone number:

Facsimile number:

The contractor’s cognizant Defense Contract Management Command (DCMC), Contract Administration Services (CAS) office is:

Mailing Address: DCMA

Administrator’s name:

Telephone number:

Facsimile number:

E-mail address:

G.7 SPECIAL INVOICING INSTRUCTIONS

All contract invoices and applicable backup documentation shall be sent to the COR, contracting officer, and contract specialist via email at the same time as it is entered into Wide Area Workflow (WAWF) for payment. The COR has five working days from the date of receipt to accept or reject invoices and applicable backup documentation by email. The COR may request additional time for review by email.

If additional time is not requested or the COR does not respond to the contractor with rejection or acceptance after the five working days, the Contractor is authorized to enter its invoice into WAWF.

G. 8 SUBMITTAL OF INVOICES

1. All invoices shall be submitted in accordance with FAR CLAUSE 52.232-25 Alternate I, Prompt Payment and PWS section titled, Invoice Reference Spreadsheet.

2. The Contractor shall submit a Cost Voucher electronically utilizing the Wide Area Workflow (WAWF) database.

3. COST REIMBURSABLE CLINS - The Public Voucher for Purchases and Services Other than Personal, Standard Form 1034, shall be used as an invoice for the Cost Reimbursable CLINs. Upon the Government’s review and acceptance described at G.6 above, the Contractor shall submit the SF 1034 electronically to the cognizant Defense Contract Audit Agency (DCAA), one copy to the COR and one copy to the Contracting Officer. If the contractor is participating in the direct billing program, the contractor is authorized to submit the first voucher directly to DFAS and provide a copy of the first voucher to DCAA within five days of submission to DFAS. When submitting first vouchers directly to DFAS, one copy of the DCAA authorization memorandum should be forwarded with the voucher; the signature block on the voucher should state: "Direct Submission Authorized."

4. Failure of the contractor to comply with the instructions provided herein will be considered as an improper invoice submission and the time period for payment set forth in the terms of the Prompt Payment Act will not commence until receipt of proper invoice by Finance and Accounting Office designated. The interest penalties of the Act do not apply to advance or progress payments.

G.9 CONTRACTOR’S PROPOSAL.

The Contractor’s Proposal, or portions thereof, maybe incorporated into the contract.

G. 10 Federal Holidays

1. Federal holidays (5 USC 6103) are:

o New Year’s Day o Birthday of Martin Luther King, Jr o Washington’s Birthday o Memorial Day.

o Juneteenth o National dependence Day o Independence Day o Labor Day o Columbus Day o Veterans Day o Thanksgiving Day o Christmas Day

2. Local holidays. Observance of local holidays by other than U.S. citizens shall be in accordance with local labor laws.

3. The contractor shall not schedule work on the installation on federal holidays that will require a federal employee to be present, unless coordinated with the COR per each site.

G. 11 CONTRACTOR PERSONNEL ADMINISTRATION

1. The Contractor shall ensure that employees are not placed in a position:

a. Where they are appointed or employed by Government personnel, or are under the supervision, direction, or evaluation of military or civilian Government personnel.

b. Of staff or policy decision-making for the Government.

c. Of command, supervision, administration, or control over military or civilian personnel, or become part of the Government organization.

d. Involving administration or supervision of U.S. Government contracting activities.

e. To establish requisitioning objectives, stockage lists, or direct supply channels to a manufacturer or others to circumvent established Department of the Army supply channels.

2. The services performed under this contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the Contractor's employees shall act and exercise personal judgment and discretion only on behalf of the Contractor.

3. The Contractor shall abide by all pertinent rules, regulations, directions, and requirements issued by command authorities. The Contractor shall not construe or interpret this to establish any degree of Government control which is inconsistent with a non-personal services contract.

4. It is agreed that when replacements, transfers and reassignments of Contractor personnel are directed or authorized by the Contracting Officer, the Government will reimburse the Contractor; but if made for the convenience of the Contractor, such costs are not allowable costs under this contract.

G 12 SECURITY REQUIREMENTS

1. Security Requirements are set forth in the attached DD254: Department of Defense Contract Security Classification Specification and PWS. The Contractor shall provide sufficient personnel with the required security clearances to perform the work as specified in the solicitation. The personnel shall be cleared personnel in accordance with the FAR clause 52.204-2 Security Requirements (Mar 2021). If satisfactory security arrangements cannot be made with the Contractor, the required services shall be obtained from other sources.

2. If the contractor brings an uncleared employee in-country on an "escorted status" while awaiting clearance, any costs arising because of the individual(s) not being able to obtain a clearance, including returning the individual to his or her point of origin, shall be borne by the contractor.

3. Security training shall be accomplished in accordance with the PWS, DD 254 and 160th Theater Signal Brigade guidelines.

4. The contractor shall control and return to the Government, all identification which may be issued to contractor employees under this contract.

5. The contractor is responsible for any delays caused by employees who report to work without their restricted area badges to include any delays encountered by an employee in gaining entrance to an area via a visitors badge or in the reissuance of a restricted area badge.

6. Physical Security and Resource Protection Requirements. The contractor shall provide and maintain the necessary facility physical security and resource protection in accordance with AR 190-51, AR 190-13, and local site procedures. The contractor shall not duplicate any keys issued by the government. The contractor shall develop procedures governing key control and lock combinations. The contractor shall report a lost key to the COR(s).

7. Contractor personnel not requiring a personnel security clearance, but performing Automated Data Processing (ADP) sensitive duties, are subject to investigative and assignment requirements IAW DoD 5200.2R, DoD Personnel Security Program, and affiliated regulations.

8. Proof of personnel security clearances shall be provided to the COR.

9. The contractor shall bear the cost of any security clearances required for performance.

G 13 BUSINESS PERMITS AND LICENSES

The Contractor shall procure all necessary permits and licenses and shall obey and abide by all applicable laws, regulations, and ordinances of host constituted public authority.

G 14 CONTRACTOR PERSONNEL

1. The Contractor is responsible for selecting qualified personnel to perform the requirements of this PWS.

In addition, it is the Contractor’s responsibility to select qualified personnel who meet the minimum personnel qualifications in accordance with the PWS. The Contractor is responsible for managing employee performance and products. The Contractor is responsible for keeping employees informed of all corporate and Government technical changes and methods of operation.

2. While on Government property or when traveling by Government transportation, Contractor personnel shall comply with the rules, regulations, directions and requirements issued by command authorities for good order, administration, safety and security.

3. The Government reserves the right to require removal, from the contract, any of the Contractor’s employees who endanger persons or property or whose continued employment is inconsistent with the interest of military or national security.

G 15 KEY PERSONNEL

1. Key Personnel relative to this solicitation and resultant contract must have demonstrated ability, background, and qualifications to lead and manage this program and the contract administration/management skills to perform the contract requirements. These key personnel must have an in-depth understanding of the requirements and their responsibilities through education, knowledge and experience and must be fully committed to the success of the project.

2. Key personnel are defined as:

a. Personnel identified in the proposal as key personnel to be assigned for participation in the performance of the contract; or

b. Individuals who are designated as key personnel by agreement of the government and the contractor during negotiations.

3. At a minimum, the following position is designated as Key Personnel: Project Manager (PM)

Personnel in key positions are expected to have technical knowledge as well as management skills.

4. Within ten days of notification of contract award, the contractor shall provide the names, and redacted resumes of all designated Key Personnel to the COR.

5. Key Personnel supporting phase-in must have the same or greater experience and qualifications as those presented in the contractor's proposal.

6. During contract performance, the contractor shall provide written notification to the contracting officer a minimum of two weeks prior to making any changes to Key Personnel.

7. Within 10 days of starting, Contractor shall provide redacted copies of resumes and Certifications of all replacements to Key Personnel to ensure that such replacements have equal or greater technical qualifications as the person previously occupying the position.

8. When proposing substitutions, the Contractor shall provide to the Contracting Officer and Contracting Officer Representative a detailed explanation of circumstances necessitating the substitution.

9. Individuals with equal or higher qualifications and experience must be provided.

10. f. The contractor shall comply with DOD Directive 5500.7R, Joint Ethics Regulation and shall report any violation of this directive to the Contracting Officer.

G 16 JOINT ETHICS REGULATION

The contractor acknowledges that Government personnel are required to comply with all provisions of DoD Regulation 5500.7-R, Joint Ethics Regulation (JER). This regulation restricts Government employees from engaging in a number of activities that create an appearance of impropriety or otherwise violate the law, including certain activities involving interaction with contractors and their employees. The contractor hereby agrees to use its best efforts to prevent its employees from taking any action which could be construed as soliciting, encouraging, assisting, aiding, or abetting any Government employee to violate any provision of the JER. The contractor further agrees to provide a copy of the JER to all of its employees assigned to work under this contract in any Government owned or leased facility. It is available at no cost at http://www.defenselink.mil/dodgc/defense_ethics/index.html

G 17 MEETINGS/CONFERENCES

Technical meetings and/or post-award/pre-performance conferences may be necessary to resolve problems and to facilitate understanding of the technical requirements of the contract. Participants at these meetings/conferences shall be members of the contractor’s technical staff and technical representatives of the Government. These meetings/conferences shall be scheduled with the agreement and arrangements made between the Contracting Officer (KO), or the COR, and the contractor. In addition, during the life of the contract, periodic meetings, which are designed to review program status, assess contractor performance, refine current processes, and plan future actions will be held at both Contractor and Government sites. The Contractor’s attendance at such meetings is required. Records of these meetings/conferences shall be made by the contractor and approved by the Government.

All costs associated with the attendance at these meetings/conferences shall be incidental to the contract and not separately billed.

G 18 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

1. Review of this requirement, relative to FAR Subpart 9.5: Organizational and Consultant Conflicts of Interest, reveals that there may be a potential for OCI between this contract and the Operations, Maintenance, and Defense of Army Communications - Southwest Asia and Central Asia (OMDAC- SWACA) located in the same theater. The contract resulting from this acquisition will provide systems and facility engineering support to the 160th Theater Signal Brigade which includes such functions as performing or assisting in technical evaluations and communications network assessments, systems engineering and technical direction for communications network systems for which the contractor would not have overall contractual responsibility for production or operation. In accordance with FAR 9.502(b)(3) and (4) an OCI is more likely to occur in these situations. The OMDAC-SWACA contract is responsible for the operation and maintenance support for all communications equipment and networks under the purview of the 160th Theater Signal Brigade. In reviewing FAR 9.505-1(b) and the examples at FAR 9.508(a) and (e), there may be a potential for an OCI between the two contracts, which are closely related. Under this acquisition, the prime contractor, and its subcontractors, will provide systems engineering and technical direction for information systems to be operated and maintained under the other contract. As such, there is a concern that these contractors may have access to non-public Government information and proprietary competitor information that may provide an unfair competitive advantage under this solicitation, or any future solicitation related to either contract. To avoid potential OCI issues, an OCI clause is included in this solicitation and will be included in the resultant contract. Additionally, the Contracting Officer shall mitigate all potential OCIs with interested vendors as they arise.

2. REFERENCE: Federal Acquisition Regulation (FAR), Subpart 9.5 – Organizational and Consultant Conflicts of Interest.

a. To prevent conflicting roles which may bias the contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions, the Contractor will be restricted as set forth in paragraphs (c) and (d) below.

b. The following descriptions apply to this contract:

c. "Contractor" means the business entity receiving the award of this contract, parents, affiliates, divisions, subsidiaries, consultants and subcontractors at all tiers.

d. "Proprietary Information" means all information designated as proprietary in accordance with law and regulation and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

3. The following rules apply:

a. The Contractor agrees that if it has participated in (or is participating in) this contract, it is prohibited from involvement in any way, from the time of contract award to after contract completion, in providing IT operational and maintenance services to the 160th Theater Signal Brigade and its subordinate units.

b. The Contractor may gain access to proprietary information of other companies during contract performance. The Contractor agrees to enter into company-to-company agreements to (1) protect other company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company and

(2) refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the Contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information, which is available to the Government or to the Contractor from other sources and furnished voluntarily without restriction.

c. The Contractor agrees to review, after contract award and continuously thereafter, its technical, business, financial, and other interests which could give rise to an actual or potential organizational conflict of interest in connection with the performance of this contract. If the Contractor identifies any facts relevant to an organizational conflict of interest, the Contractor shall make an immediate and full disclosure, in writing, to the Contracting Officer. The disclosure shall set forth all relevant facts, including identification of contracts, nature of work performed, or to be performed, and a description of actions which the contractor has taken or proposes to take, to avoid, neutralize, or mitigate the actual or potential conflict of interest.

d. The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of an organization conflict of interest before award of the contract or discovered such facts after award, and intentionally did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract in accordance with the "Default” clause of this contract and pursue such other remedies as may be permitted by law or this contract.

e. The restrictions imposed by this clause apply to a Contractor's parent, affiliates, divisions, subsidiaries, consultants and subcontractors at all tiers. The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work related to this contract, unless excused in writing by the Contracting Officer.

G 19 DISCLOSURE OF INFORMATION

1. Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this contract would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge or release data or information developed or obtained under performance of the contract except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in the contract.

2. To the extent the Contractor receives or is given access to proprietary data, data protected by the Privacy

Act of 1974, or other classified or privileged technical, business or financial information under this SECTION, the Contractor shall treat and protect such information IAW any restrictions imposed on such data. Such information and materials will be protected, as a minimum, in accordance with AR 25-55.

Access includes the functions of record management, data handling, storage, electronic transmission and physical distribution.

3. As required by the Contracting Officer or designee, the Contractor shall agree to enter into a written agreement with any firm whose proprietary data is used in conjunction with performance of this section. The Contractor shall furnish the KO with executed copies of such agreements and shall not use any proprietary information for any purpose other than the purpose it was provided.

4. Neither the Contractor nor the Contractor’s employees shall disclose, or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activity’s security or interrupt the continuity of its operation.

5. All inquiries received by the Contractor for information concerning work performed under this contract shall be referred to the Government for evaluation. The determination of whether records will be released will remain with the Government. The Contractor shall assist the COR in compiling information or records for submission upon request by the Government.

6. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials or confirmations) on any part of the subject matter of this contract or any phase of any program there under without the prior written approval of the COR. All documentation showing individual’s names or other personal information shall be controlled and protected.

7. The Contractor shall use any data furnished by the Government only for performance under this section and shall return copies of such data to the Government upon completion of this effort.

8. Data pertaining to other contracts/services may reside on IT systems utilized or accessed by other Government organizations where Contractor personnel may be performing. Contractor personnel shall in no way divulge this information or use this information for their gain. The Contractor shall notify the Contracting Officer of any potential conflicts of interest.

9. All Contractor personnel shall sign non-disclosure agreements to protect all Government information to which they have access both during and after contract performance is completed. The non-disclosure agreements will provide that the Contractor’s employees will not disclose the information at any time.

G 20 SAFETY HEALTH

1. Within 30 days of notification of contract award, the contractor shall submit to the COR and the Contracting Office, a written safety and health plan to ensure compliance with the Occupational Safety and Health Act (OSHA) and all safety regulations. This plan shall include the assignment of responsibility for safety and health at the work site.

2. The contractor shall report monthly to the COR the number of damages to Government property.

Damages to Government property totaling $2,000.00 or more must have a DA Form 285 (U.S. Army Accident Investigation Report) completed and submitted to the COR.

3. The contractor shall provide for the safety/health and wellbeing of personnel employed in the performance of this contract. The contractor shall comply with OSHA and all federal, state, and local safety laws and regulations. The contractor shall develop and implement a safety program for his employees performing work under this contract.

4. The Government reserves the right to conduct unannounced safety inspections at any time.

G 21 DELAYS

The contractor is responsible for any delays caused by employees who report to work without their restricted area badges to include any delays encountered by an employee in gaining entrance to an area via a visitors badge or in the reissuance of a restricted area badge.

G 22 DENIAL OF ENTRY

The Government reserves the right to terminate the entry of any Contractor employee upon disclosure of information which indicates the individual’s continued entry to the installation is not in the best interest of national security. Additionally, the violation of or deviation from the established security procedures by contractor employees may result in the confiscation of identification media and the denial of future entry to the installation.

G 23 ESTIMATED CONTRACT COSTS

The Government expects the offeror to perform the work for the estimated cost. If additional costs are required due to circumstances beyond those that could reasonably have been anticipated at the time of final proposal submissions, a contract change proposal (CCP) must be submitted to the Contracting Officer within 30 days after such circumstances are known or reasonably should have been known by the contractor. The above shall not be construed to be contrary to the applicable Changes clause. Costs incurred after a CCP has been disapproved by the Contracting Officer will not be paid.

G 24 CONTRACT MODIFICATIONS

The successful offeror’s proposed indirect rates (including overhead and G&A) and fee for any contract modifications during the performance of the awarded contract shall be at the same rates contained in the proposal, subject to periodic revision of the indirect rates to be found adequate by DCMA.

G 25 UNBURDENED LABOR RATES

The Contractor is required to obtain approval from the Contracting Officer to increase any previously negotiated unburdened labor rates. Written justification and supporting documentation must be submitted with the CCP for consideration.

G 26 NEW HIRE/TERMINATION EXPENSES

1. The contractor shall be reimbursed for new hire/termination expenses. If an employee does not remain on the contract for at least one year, the contractor shall reimburse the government for the new hire/termination expenses. New hire/termination expenses means travel to country of first duty assignment and return to home of record or place of hire. If an employee requests delayed travel, reimbursement will be made up to ninety (90) days after termination.

2. Expenses affected by this clause may include: Shipment and/or storage of household goods, shipment of excess baggage, costs incidental to closing/opening quarters, in accordance with the contractor's proposal.

3. If an employee terminates employment in less than the time specified, the Government will not be liable for a prorated share of the expense. An employee eligible for expenses in paragraph b is only entitled to these expenses once.

4. The special provisions of paragraph above regarding employees remaining on the contract for at least one

(1) year, are not applicable under the following circumstances:

a. When the Government directs displacement of personnel under the special clause entitled, "Reduction in Contractor Personnel" at H.20.

b. Separation of the employee for medical reasons.

c. Death of an employee.

d. Personnel assigned to the project for limited and temporary duty (TDY). Such personnel must have the prior approval of the Contracting Officer.

e. When the contract is terminated or not renewed.

f. Reduction in force as a result of changes issued under the Changes Clause.

G 27 GOVERNMENT-FURNISHED SERVICES

1. FACILITIES MAINTENANCE AND REPAIR - The Government will provide preventive maintenance and repair of Government-owned facilities. This maintenance will be provided in accordance with the Government prescribed maintenance schedule. The contractor shall notify the COR in writing when the contractor observes that repairs or maintenance are needed. In emergency situations, the contractor shall notify the COR orally, and will follow this up in writing.

2. UTILITIES - The Government will provide and maintain those utility services currently available in the facilities furnished to the contractor.

3. COMMUNICATIONS - The Government will provide existing Class A and C telephone service for operations under this contract. Local Government administrative procedures and controls for telephone usage are applicable to the contractor.

4. REFUSE COLLECTION - The Government will provide refuse collection from contractor-occupied areas.

5. DISTRIBUTION - The Government will provide distribution services, in accordance with the Government distribution schedule for official communications received at the central distribution point. The contractor shall pick up incoming communications addressed to the contractor and deliver outgoing contractor communications to the central distribution point as identified by the COR.

6. MAIL - The Government will provide mail service, EXCLUSIVE of postal fees, to the contractor for official communications and correspondence generated in the PWS. The contractor shall deliver outgoing mail to the central distribution point.

7. COPYING, PRINTING, AND REPRODUCTION - At the COR’s discretion, the Government may provide limited copying of official reports, documents, and correspondence, required by the contractor, to perform services in this PWS.

8. INSECT AND RODENT CONTROL - The Government will provide insect and rodent control service for Government facilities. The contractor shall submit in writing requests for service to the COR.

9. OCCUPATIONAL HEALTH AND SAFETY - The Government will provide emergency occupational health and safety services from the local U.S. Army Health Clinic on a cost-reimbursable basis.

10. EMERGENCY MEDICAL CARE – The Government will provide emergency medical care for contractor personnel injured on-the-job, only during the clinic’s operating hours. Emergency care provided to contractor personnel will be charged at the established rate and reimbursement shall be provided to the Government by the Contractor.

G 28 CONTRACTOR IDENTIFICATION REQUIREMENT

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the Contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

G 29 CONTINUED PERFORMANCE DURING HOSTILITIES

1. The requirements of this contract have been identified by the U.S. Government as being essential to the mission and operational readiness of Allied Forces. Therefore, the contractor may be required to perform this contract during hostilities. The contractor shall take whatever measures are needed to meet the demands. Such demands may require increases in contractor-furnished property, extended work hours, and expansion of the contract work force. The start and completion of these actions shall be determined by the Contracting Officer. The Government will provide contractor personnel with force protection and force protection equipment, including individual body armor.

2. The contractor shall be responsible for performing all requirements of this contract notwithstanding the existence of any state of war, whether declared or undeclared, by the United States or other party, commencement of hostilities, internal strife, rioting civil disturbance, or activities of any type that would endanger the welfare and security of U.S. Forces. At the direction of the Contracting Officer, and within the scope of this contract, the contractor shall participate in any requirement relating to U.S. preparation for, or participation in any of the above incidents. The contractor shall respond to the direction of the Contracting Officer within contracted performance capabilities, including, but not limited to substitution of Government employees for contractor employees in the operation of equipment. Failure by the contractor to perform shall subject the contractor to a termination of this contract for default.

3. Performance of this contract during a period of hostilities may require changes within the general scope of this contract. Such changes may result in an equitable adjustment to the contract price. Requests for equitable adjustments will be processed in accordance with the Changes clause of this contract.

4. Should the…