EFiMS_Draft_RFP_09-05-2019.pdf

EFiMS Request for Proposal RFP No. 70RTAC19R00000002

U.S. Department of Homeland Security

Enterprise Financial Management Software

(EFiMS) A Procurement Innovation Lab (PIL) Project

Request for Proposal

RFP Number: 70RTAC19R00000002

Department of Homeland Security Office of Procurement Operations

Information Technology Acquisition Center Washington D.C.

Table of Contents A Solicitation/Contract Form

B Supplies or Services and Prices/Costs

B.1 General

B.2 Minimum Dollar Guarantee and Maximum Contract Limitation

B.3 Periods of Performance of the IDIQ

B.4 Type of Orders Allowable Under This IDIQ Contract

B.5 IDIQ Ceiling Rates

B.6 Rate Refreshments

C Description/Specifications/Statement of Work

D Packaging and Marking

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

D.2 Markings

D.3 Equipment Removal

E Inspection and Acceptance

E.1 Clauses Incorporated by Reference

F Deliveries or Performance

F.1 Term of the Contract

F.2 Place of Performance

F.3 Deliverables

F.4 Delivery

F.5 Hours of Support

F.6 Holidays, Inclement Weather, and Furloughs

F.7 Workspace

F.8 Notice to the Government of Delays

F.9 IDIQ Status Reports

F.10 Service Level Agreements

F.11 Clauses Incorporated by Reference

G Contract Administration Data

G.1 Accounting and Appropriation Data

G.2 Primary Government Roles and Responsibilities

G.2.1 EFiMS Contracting Officer (CO) – IDIQ Contract Level

G.2.2 EFiMS Contracting Officer’s Representative (COR) – IDIQ Contract Level:

G.2.3 Order Level Contracting Officer (CO)

G.2.4 Order Level Contracting Officer’s Technical Representative (COR)

G.3 Contractor Personnel

G.3.1 Contractor’s Program Manager (PM) (Key Personnel)

G.4 Order Placement Procedures

G.5 Unauthorized Work

G.6 Invoice Preparation and Submission

G.7 Order Closeouts

H Special Contract Requirements

H.1 Authorized Users

H.2 Software and Service Acquisition

H.3 Contractor Justification for Other Direct Costs (ODCs)

H.3.1 Materials

H.4 Selected Items of Costs

H.4.1 Training

H.4.2 General Purpose Office Equipment (GPOE) and IT

H.5 Government Property, Information, Workspace

H.5.1 Contractor Acquired Property

H.5.2 Disposition of Government Property

H.6 Past Performance Evaluation

H.7 Disclosure of “Official Use Only” Information Safeguards

H.8 Disclosure of Information--Official Use Only

H.9 Standard of Conduct at Government Installations

H.10 Advertisements, Publicizing Awards and News Releases

H.11 Branding

H.12 Contractor Employees’ Identification

H.13 Teaming Arrangements

H.14 Subcontracting

H.15 Notification Requirements Under T&M Contracts

H.16 Key Personnel

H.17 Substitution of Key Personnel

H.18 Substitution of Core Team Members

H.19 Interrelationships of Contractors

H.20 Service Contract Act and Wage Determination

H.21 Information Technology Accessibility for Persons with Disabilities

H.21.1 Section 508 Applicable EIT Accessibility Standards

H.21.2 Section 508 Applicable Exceptions

H.21.3 Section 508 Compliance Requirements

H.22 Post Award Conference

H.23 Architectural Compliance

H.24 Security Review

H.25 Interconnection Security Agreements

H.26 Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information

H.27 On Ramp

H.28 Open Season Procedures

H.29 Off Ramp

H.30 Purchasing System

H.31 Interrelationship of Associate Contractors

H.32 Award Term Clause

H.33 Security Requirements

H.34 Disclosure and Avoidance of Inherently Governmental Functions

H.35 Protocol and Contractor Badge

H.36 Notification to the Contracting Officer of T&M Ceiling

H.37 No Private use of Contract Data

H.38 Tier Designation Adjustment

H.39 Price Reopener

H.40 Homeland Security Acquisition Regulation (HSAR) Clauses

H.41 Clauses Incorporated by Reference

I Contract Clauses

I.1 Clauses

I.2 Clauses Incorporated By Reference

I.3 HSAR Clauses

I.4 Security Requirements for Unclassified Information Technology Resources

I.5 Contractor Employee Access

I.6 Organizational Conflict of Interest

J List of Attachments

K Representations, Certifications, and Other Statement of Offerors or Respondents

K.1 Provisions

K.2 Provisions Incorporated by Reference

K.3 HSAR Provisions

L Instructions, Conditions, and Notices to Offerors or Respondents

L.1 Provision

L.2 Provisions Incorporated by Reference

L.3 Proposal Schedule

L.4 Communications and Questions

L.5 Delivery of Proposal

L.6 Solicitation Copies and Enclosures

L.7 Proposal Preparation Costs

L.8 General Instructions

L.8.1 Proposal Integrity

L.8.2 General Format Instructions

L.9 Alternate Proposals

L.10 Background and Submission Requirements

M Evaluation Factors for Award

M.1 Provisions

M.2 Provisions Incorporated by Reference

Part I – The Schedule Solicitation/Contract Form

See Solicitation Standard Form 33 above.

(End of Section A)

Supplies or Services and Prices/Costs

B.1 General

The Enterprise Financial Management Software (EFiMS) is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract established to provide the Department of Homeland Security and its components (collectively “DHS”) with commercially available off-the-shelf (COTS) integrated financial, procurement, and asset management systems application software licenses, Software-as-a-Service (SaaS) subscriptions, software documentation and accessory products (only if incorporated into the proposed software), and professional services as broadly described in Section C.

B.2 Minimum Dollar Guarantee and Maximum Contract Limitation

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $250 per Contractor for only the base period of performance of this contract (inclusive of any fee). Orders beyond the minimum will be determined by user needs. The exercise of an option period does not re-establish the contract minimum.

(b) Maximum. The cumulative dollar ceiling value of the resulting multiple award IDIQ contract is

$3 Billion Dollars.

(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 under the Fair Opportunity to Compete provisions in Section G, Contract Administration Data.

B.3 Periods of Performance of the IDIQ

The EFiMS IDIQ ordering period will be for twenty (20) years consisting of the following performance periods and durations:

Base Period: 5 years Option Period 1**: 5 years Option Period 2**: 5 years Option Period 3**: 3 years Option Period 4**: 2 years

**Each option period is an award term performance option that is contingent upon successful evaluated performance by the contractor.

The EFiMS contract is a multiple year contract. It is not a multi-year contract as defined in Federal Acquisition Regulation (FAR) 17.103, Definitions. Orders may be issued at any time during the base and/or option periods. The periods of performance for each Order will be designated at the individual order level and may include option periods which may extend the Order to no more than one year beyond the IDIQ’s current ordering period. Any Order issued under this IDIQ contract that extends beyond the IDIQ’s ordering period is still bound, for its entirety, by the terms and conditions of this IDIQ contract.

B.4 Type of Orders Allowable Under This IDIQ Contract

(a) This IDIQ contract is structured and managed in accordance with FAR Subpart 16.5, Indefinite- Delivery Contracts. Orders placed against this contract will follow the procedures described in Section G, Contract Administration Data.

(b) Orders placed against this IDIQ may be either Fixed-Price (FP), Labor-Hour (LH), Time-and-

Materials (T&M), or a hybrid of these contract types in accordance with FAR Part 16 and the terms and conditions of this IDIQ contract.

(c) Under this IDIQ, FP Orders for COTS software licenses, software license maintenance, SaaS subscriptions, and support services are anticipated. LH or T&M Orders will only be encouraged for support services that cannot be readily anticipated or defined. The exact contract type will be determined at the individual order level.

(d) IDIQs, Blanket Purchase Agreements, and Letter Contracts are not permissible order types under the EFiMS IDIQ. The following Orders are not permissible under this IDIQ contract: (1) Orders for which COTS software licenses, software license maintenance, SaaS subscriptions, and technical support services are not the principal purpose; (2) Orders for software/system/solution integration, software/system/solution operations and maintenance (O&M), or information technology (IT) support; and (3) Orders for hardware or other than financial, procurement, and asset management software.

(e) Orders may include options as defined in FAR Part 17, Special Contracting Methods.

B.5 IDIQ Ceiling Rates

Labor Rates

The labor rates for the IDIQ contract shall reflect fully-burdened hourly rates for each labor category and will apply to all direct labor hours. The fully-burdened labor rates include direct cost, indirect cost (fringe and overhead), general & administrative expenses, and profit. The fully-burdened rates include ALL costs associated with management of the IDIQ contract. Such costs of IDIQ Contract Manger or Management shall not be proposed as separate labor categories at the individual order level. IDIQ ceiling rates for labor categories apply to prime Contractor; subcontractors; and for each category of labor to be transferred among Contractor divisions, subsidiaries, or affiliates under a common control. The rates and labor categories established for the IDIQ will be utilized for all allowable contract types under this IDIQ.

Contractor shall propose fully-burdened Government rates for work performed at Government site and fully-burdened Contractor site rates for work performed at Contractor site.

B.6 Rate Refreshments

(a) The fully burdened contracted labor rates are fixed for the ordering period; however, the Contractor may submit a proposal reducing the fixed hourly rates any time during the life of this contract. The Government will review these proposals and determine if the revised rates are fair and reasonable and in the best interest of the Government. If the rates are accepted, the Government will incorporate the new rates via a modification of the Contract.

(b) At any time and throughout the life of the contract, at the request of either the Contractor or the

Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional Order Unique labor categories, rates, and descriptions will be negotiated on a case-by-case basis (See Section G.4.5(e), Cost/Price Proposals, for process).

(End of Section B)

Description/Specifications/Statement of Work

Contractor shall provide all EFiMS requirements within the IDIQ Statement of Work (SOW), and within the terms and conditions of this IDIQ contract and resultant Orders. See Attachment J-1 for the IDIQ SOW. Each Order will incorporate its own, more detailed requirements document.

(End of Section C)

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.

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.

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).

Specific marking requirements may be addressed in individual Orders.

D.3 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within ninety (90) calendar days after contract expiration, or as mutually agreed by the Government and the Contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the Order CO. Specific requirements will be addressed in individual Orders.

(End of Section D)

Inspection and Acceptance

See FAR 52.212-4(a).

E.1 Clauses Incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

Reserved

(End of Section E)

Deliveries or Performance

F.1 Term of the Contract

Section B.3 provides the term of this IDIQ. Orders will specify their specific performance period(s).

F.2 Place of Performance

The place of performance shall be set forth in the individual Orders.

F.3 Deliverables

All applicable deliverables and their specific format will be specified in the individual Orders issued under this IDIQ contract.

F.4 Delivery

The individual Orders will specify the delivery of goods and services, the delivery location, and time frame delivery shall be made.

F.5 Hours of Support

The individual Orders will specify the number of hours of support.

F.6 Holidays, Inclement Weather, and Furloughs

Holidays: Unless required under the terms of the Order or authorized by Ordering CO, contractor shall not work at any Government facility, nor should any deliveries under this contract be made to any Government facility, on any of the following holidays:

New Year’s Day – 1 January Martin Luther King, Jr.’s Birthday – 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day – Last Monday in May Independence Day – 4 July Labor Day – 1st Monday in September Columbus Day – 2nd Monday in October Veteran’s Day – 11 November Thanksgiving Day – 4th Thursday in November Christmas Day – 25 December Any other day designated by Federal Statute, Executive Order or a Presidential proclamation.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday.

The rate in the schedule of the contract includes an allowance for holidays to be observed. Contractor shall not bill the Government for the holidays listed above, except when the Government requires services and the services are performed on a holiday.

If contractor does not observe a given holiday that the Government observes, contractor may perform contract related work at contractor site or telework with authorization from the Order level COR on pre-approved work plan addressing Government tasks. Contractor will continue to do Government work as if it’s a regular work day at other than Government site; in other words, the contract price shall not be affected as the pay will be equal to the pay contractor personnel would otherwise receive on a regular work day. The Government will not reimburse contractor personnel for any Contractor related work on holidays. This provision does not preclude reimbursement for authorized overtime work, if applicable to an Order.

Inclement Weather: To the extent that there is no adverse impact on the overall contractor performance, contractor personnel working at the specific facility/location may also be dismissed at the discretion of the on-site Contractor Order Manager in coordination with the Order level COR when the Government grants administrative leave to Government employees, or is closed as a result of inclement weather, potentially hazardous conditions, or other special circumstances, Excused Absence: When the Federal and governmental entities grant excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the TO CO or the TO COR.

Furlough: In the event that the Government personnel are furloughed, contractor is prohibited from entering the Government building. Contractor shall cease all work and shall not incur costs unless otherwise directed and authorized by the Order level CO. It is the Government’s decision as to whether the contract price/cost will be affected.

Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

F.7 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 teleworking, 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.8 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Order level CO and the Order level COR, in writing. This notification shall give pertinent details and this data shall be informational only in character; this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.9 IDIQ Status Reports

The contractor shall submit a Microsoft Excel report of all Orders and upgrades placed on a monthly basis, or as otherwise requested by the DHS CO, the Contracting Officer’s Technical Representative (COR), or the DHS Program Manager (PM). The Contractor shall maintain responsibility for tracking new Orders, correlating each order to the correct DHS component, and providing associated new Order quantities and costs for the reporting period. The monthly report is due, in electronic format, on the 15th day of each month following the month in which the actions took place. For example, the January report is due February 15th.

In addition to the regular monthly submissions, the contractor shall submit an annual report of all new Orders. At a minimum, the annual reports shall contain the following data elements:

• IDIQ Orders: List of Orders to-date sorted by DHS component and Enrollment Number, including the Order date(s) and respective PR numbers;

• Products & Services: Including labor hours incurred during the reporting period;

• Prices: Unit/hourly and extended prices of the products and services ordered (broken out by product, including Storage Keeping Unit number (SKU));

• Price Savings: The difference between the DHS IDIQ price per unit vs. the GSA price per unit, multiplied by the applicable Quantities;

• Order Date: Date of the Order;

• Cumulative Sales: Cumulative DHS sales data for the quarter, year, and IDIQ-to-date across the entire department and sorted by component; and

• Spend Numbers: Total spend as it relates to the estimated total spend and the percentage of the spend used and the percentage remaining.

F.10 Service Level Agreements

(a) The Service Level Agreements found in Attachment J-1 apply at the contract level and will be monitored by the CORs at both the IDIQ and Task Order levels. 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.

(b) Additional Service Level Agreements may be added at the Task Order level. If the additional

Service Level Agreements cannot be met within the ceiling prices specified in Attachment J-2, the Task Order CO shall get approval from the IDIQ CO before approving any increase in unit price.

(c) Task Order CORs will copy the IDIQ COR on all performance related issues so that systemic problems may be identified and corrected. If a component chooses to utilize Earned Value Management Systems (EVMSs), the Contractor will be required to use an Earned Value Management System on Task Orders. If applicable, the use of EVMS will be negotiated on a Task Order basis.

F.11 Clauses Incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

• FAR 52.242-15 Stop-Work Order (Aug. 1989)

• FAR 52.242-17 Government Delay of Work (Apr 1984)

(End of Section F)

Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the contract will be set forth on individual 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.2.1 EFiMS Contracting Officer (CO) – IDIQ Contract Level

The EFiMS CO has the overall responsibility for administration of the EFiMS IDIQ. The EFiMS 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. The EFiMS CO for this contract is:

Name: TO Be Completed at Time of Award Email: TO Be Completed at Time of Award Tel No: TO Be Completed at Time of Award

G.2.2 EFiMS Contracting Officer’s Representative (COR) – IDIQ Contract Level:

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

Name: Christopher Friedline Email: christopher.friedline@hq.dhs.gov Tel No: 202-447-5213

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

G.2.3 Order Level Contracting Officer (CO)

Goods or Services will be ordered via Orders issued by the Order level CO within the Contract User’s organization following the ordering procedures set forth under applicable law, regulation, and this IDIQ contract. All warranted DHS COs are considered Order Level COs.

G.2.4 Order Level Contracting Officer’s Technical Representative (COR)

Order level COs may designate Order level CORs for individual Orders that will be responsible for the day-to- day coordination of the task order.

The Order level COR will represent the Order level CO in the administration of technical details within the scope of the Order. The Order level COR is also responsible for the final inspection and acceptance of all order deliverables and reports, and such other responsibilities as may be specified in the Order.

The Order level COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Order level CO or the Government. The Order level COR does not have authority to alter the Contractor’s obligations or to change the Order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the Order level CO.

G.3 Contractor Personnel

G.3.1 Contractor’s Program Manager (PM) (Key Personnel)

The PM shall be responsible for comprehensive account support for the EFiMS contract, and act as the central point of contact with the Government for all IDIQ-level issues. The PM will represent the Contractor at all post-award IDIQ-level meetings. The Contractor’s PM for this contract is:

Name: TO Be Completed at Time of Award E-mail: TO Be Completed at Time of Award Tel No: TO Be Completed at Time of Award

G.4 Order Placement Procedures

Orders under this IDIQ contract shall utilized FAR Subpart 16.5 and should be streamlined as much as possible. Issued Orders will identify the goods or 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. The EFiMS Ordering Guide provides additional guidance/templates for order processing.

The Government will not reimburse offerors for any costs incurred for the preparation and submission of a proposal in response to solicitation(s) places against this IDIQ contract for Orders. The Order level CO can issue an Order using any medium.

G.5 Unauthorized Work

The Contractor is not authorized at any time to commence performance of an Order prior to issuance of a signed Order or other written approval provided by the Order level CO to begin work.

G.6 Invoice Preparation and Submission

Please see FAR 52.212-4(g).

G.7 Order Closeouts

Closeout procedures under FAR Subpart 4.8 and FAR Part 42 shall be used for Orders.

(End of Section G)

Special Contract Requirements

H.1 Authorized Users

This IDIQ contract is available for the use by the DHS and its Components. DHS Component(s) Head(s) of Contracting Activity (HCA) that use another Federal agency to provide contracting support services may delegate procurement authority to allow the use of the EFiMS contracts on the Component’s behalf.

It is the Component’s responsibility to ensure that the delegation precludes non-DHS orders placed on the contracts.

H.2 Software and Service Acquisition

EFiMS is a “Solutions Based Contract.” The Government anticipates that the majority of work awarded under this IDIQ contract will be software license, software maintenance, and SaaS subscriptions with incidental technical support services. The EFiMS IDIQ contract is not structured to permit the purchase of a full-range of electronic and information technology solutions, including hardware, software, or other products. Inclusion of hardware/software acquisition on an Order that is not identified in the IDIQ contract price list is not within the purview of the cognizant Government Ordering CO.

During the term of this contract, the Contractor shall deliver, furnish for Government use, or furnish for contractor use at a Government-owned facility, only personal computer products that at the time of submission of proposals were the Electronics Products Environmental Assessment Tool (EPEAT) Bronze registered or higher where such EPEAT products are available at www.epeat.net.

When a requestor specifies desktop computers, notebook computers or computer monitors and any peripheral equipment that is integral to the operation of such items, in purchase request that are not EPEAT registered and a suitable EPEAT product is available, the Contractor shall:

• Notify the requestor of the requirement to purchase an EPEAT product; and

• Provide suitable alternative products that meet EPEAT registered requirements.

The Contractor shall submit the EPEAT purchase status report annually. The annual report shall quantify the number of EPEAT registered and non-EPEAT registered products purchased or leased under this contract during each fiscal year period. The information must be reported in the template EPEAT report form provided in Attachment H-1 and submitted to DHSESO@hq.dhs.gov for the EFiMS COR; for the EFiMS CO; and carbon copy to the DHS Environment Program Manager no later than October 31 of each year. In the event no activity occurred during the reporting period, a no activity report shall be submitted.

H.3 Contractor Justification for Other Direct Costs (ODCs)

All materials required for performance under the Orders issued pursuant to this contract that are not Government-furnished, shall be furnished by the Contractor. The Contractor shall utilize Government supply sources when available, including the mandatory-for-consideration DHS commodity contracts.

When requisitioning procedures reveal that required materials are not available from Government supply sources, the Contractor shall identify them in each Order proposal. Ownership of supplies acquired by the Contractor with Government funds, for performance of this contract, shall vest with the http://www.epeat.net/ mailto:DHSESO@hq.dhs.gov

Government. The Contractor shall include a detailed description of all proposed materials in individual Order proposals.

H.3.1 Materials

When required in individual Orders, the Contractor shall submit the documentation required to the CO for approval prior to entering into any equipment lease or purchase agreement.

H.4 Selected Items of Costs

H.4.1 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 contract. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.4.2 General Purpose Office Equipment (GPOE) and IT

The cost of acquisition of General Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The Contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.5 Government Property, Information, Workspace

The Government may provide the items listed below as necessary, for the Contractor to fulfill the tasks described in Order SOWs.

(a) Government Furnished Property (GFP). The Government may provide hardware and/or software requiring technical analysis, evaluation, verification, or study in support of a specific task. Such GFP will be specified in individual Orders. GFP provided to the Contractor in support of individual Orders shall be tracked through applicable procedures provided by the Order level CO in accordance with the FAR. Property shall be accounted for and marked accordingly for identification and tracking purposes with the Contract Number, Order Number, Serial Number and other information as required by the Order level CO. The Government will not provide hardware/software equipment required to accomplish day-to-day work requirements in support of the overall contract-level effort. All GFP shall be returned to the Government at the completion of each Order unless otherwise specified.

(b) Government Furnished Information (GFI). The Government may 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 Orders.

(c) Government-Furnished Workspace. Office space, online network communications, phone services and other basic facilities will be provided by the Government for contractor personnel when working at Government site. All Government unique material, forms and information related to a respective Order under this IDIQ, and which is necessary for contractor performance, will be made available to contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government. All information provided to contractor shall only be used in the manner that the Governments intends it to be used and with the Government’s permission and only for the duration of the Order.

Safeguarding and Disclosure of Information: All information and documents provided for Contractor use shall be handled in accordance with the terms and conditions of the Order, IDIQ, and the classification marking (e.g. For Official Use Only (FOUO), confidential, etc.); and shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person, except as may be necessary in the performance of the contract per the direction of the tasking Government official.

Contractor/subcontractor at any tier can only disclose FOUO information in accordance with the guidance provided by the appropriate tasking Government official. Any Contractor or subcontractor personnel at any tier who is communicating “Official Use Only” information shall ensure the recipient of the disclosed information is notified in writing of the purpose to which the information may be used, with the following disclosure:

“Be advised that Official Use Only information disclosed to an individual can be used only for a stated purpose, and to the extent authorized herein, and that further disclosure of any such Official Use Only information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.”

H.5.1 Contractor Acquired Property

In the event the Contractor is required to purchase property in the performance of this contract, compliance with the procedures of FAR Part 45, Government Property, is required.

H.5.2 Disposition of Government Property

Thirty (30) calendar days prior to the end of the Order period of performance, or upon termination of the contract, the Contractor shall furnish to the Order level COR a complete inventory of all Government Property in its possession under the Order that has not been tested to destruction, completely expended in performance, or incorporated and made a part of a deliverable end item. The Order level COR will furnish disposition instructions on all listed property which was furnished or purchased under the Order.

H.6 Past Performance Evaluation

(a) Past performance information is relevant for future Order source selection purposes, regarding a Contractor’s actions under previously awarded Orders under the same contract. It includes, but is not limited to, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer.

(b) In accordance with FAR 42.1502, Federal agencies are required to prepare evaluations of the contractor performance for all contract actions, including delivery or Orders in excess of the simplified acquisition threshold ($150,000) at the time the work is completed. Interim evaluations will be performed for Orders in which a period of performance including options exceeds one (1) year. The contract-level evaluation will be performed annually. Upon completion of Order performance, the Order level COR will complete an Order evaluation using either the Contractor Performance Assessment Reporting System (CPARS). CPARS is a web-enabled tool for the COR to evaluate the Contractor’s performance; and for the Contracting Officer and Contractor to review, comment on, and approve evaluations. The tool can be accessed at http://www.cpars.csd.disa.mil. Comments, if any, shall be retained as part of the evaluation record. The completed evaluation shall not be released to other than Government personnel. Past performance information may be used during source selection and will not be retained for longer than three (3) years after completion of a contract or Order.

H.7 Disclosure of “Official Use Only” Information Safeguards

Any Government information made available, or to which access is provided, and which is marked “Official Use Only,” shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person, except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier shall require prior written approval of the Order level CO.

Requests to make such disclosure should be addressed to the Order level CO.

H.8 Disclosure of Information--Official Use Only

Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed, shall be notified in writing by the Contractor that “Official Use Only” information disclosed to that individual can be used only for a purpose, and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to http://www.cpars.csd.disa.mil/ convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.

H.9 Standard of Conduct at Government Installations

In accordance with FAR 3.1002, 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 in consultation with Order and EFiMS CO and COR and other Government officials, as necessary. Moreover, Contractor should comply with rules of behavior on federal property in accordance with Code of Federal Regulation (CFR) title 41 Part 102- 74, Subpart C. Contractors shall have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, Contractors shall have an employee business ethics and compliance training program and an internal control system that (1) are suitable to the size of the company and extent of its involvement in Government contracting; (2) facilitate timely discovery and disclosure of improper conduct in connection with Government contracts; and (3) ensure corrective measures are promptly instituted and carried out.

H.10 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 EFiMS 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.

H.11 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. In summation:

• Any use of the DHS seal must be approved by the Secretary or his/her designee;

• Any use of the DHS seal shall not imply an endorsement of products or services by the

Department or a component; shall not place the Department at risk of liability; shall not incur costs to the Department and shall not adversely affect the Departments ability to meet its mission objectives;

• Any permission granted by the Secretary will apply only to the specific use outlined on the DHS form 0030 (12/08) and should not be construed as permission for any other use;

• Any use of the DHS seal shall benefit the Department; tie to a key communication or operational objective; and demonstrate the ability for significant impact.

• The Department reserves the right to cancel the use of the DHS seal at any time.

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.

The normal review process in terms of clearance by Security, Office of Corporate Communications, Office of General Counsel and respective program division shall then be further coordinated by the Order level COR, as necessary. The Order level CO shall be courtesy copied or kept abreast of all communications (from inception of request to final decision).

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.

H.12 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.13 Teaming Arrangements

Because of the diversity of IT work contemplated under this contract, the Government anticipates that teaming may occur at the contract level. Contractors shall consider the following as it relates to teaming arrangements under EFiMS.

(a) An “Offeror” may be a Prime Contractor or Core Team.

(b) “Prime Offeror” or “Prime Contractor” as used within the EFiMS teaming relationship means the principal member proposing for the team who will be responsible for performance of the contract, and who will be the Government’s single POC and representative for the team following award, including all Orders.

(c) A “Core Team” is any combination of a Prime contractor, plus up to four (4) core team members submitting a proposal for an IDIQ award, and identifying themselves as a collective resource for contract performance. The Core Team must remain together for the life of the contract (base period and option) except for extraordinary circumstances and with the Contracting Officer’s consent.

(d) An EFiMS team arrangement does not limit the Government’s rights to:

1. Require consent to subcontract; and

2. Hold the prime contractor fully responsible for contract performance.

(e) An EFiMS core team member shall not be substituted after contract award; however, in exceptional cases, changing team composition after contract award may be permitted and will require prior EFiMS IDIQ CO approval as specified in Section H.24, Substitution of Core Team Members. The fixed blended labor rates will not change when a team member is removed or added. For the purpose of pricing and billing at the task order level, if a new member is added, the new member will be termed as “subcontractor” and treated as such (i.e., the new member cannot use the contract blended rates).

(f) Teaming Coordinator: Each EFiMS prime contractor shall provide an overarching EFiMS

Teaming Coordinator. The EFiMS Teaming Coordinator shall serve as a single point of contact for prospective subcontractors and continuously review the market place for companies that provide new and innovative products and professional services with which to subcontract. The EFiMS Prime contractor is also encouraged to have non-exclusive access to multiple product and service providers.

H.14 Subcontracting

(a) In accordance with FAR 52.244-2, Subcontracts, including Alternate I, if the Contractor does not have an approved purchasing system, the Contractor shall obtain written Order CO consent prior to subcontracting under a:

1. T&M or L-H type contract; or

2. Firm-fixed-price contract that exceeds either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(b) If the Contractor has an approved purchasing system and consent is not required under paragraph (d) of FAR 52.244-2, Subcontracts, the Contractor nevertheless, shall obtain written

Order level CO consent prior to subcontract under a fixed-price arrangement where 50% or more of the task order work to be conducted by the subcontractor.

(c) If the Contractor has an approved purchasing system and consent is not required under paragraph (a) and (b), the Contractor nevertheless shall notify the Order level CO within fifteen calendar days in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the simplified acquisition threshold or 5 percent of the total estimated cost of the Order.

1. The Contractor shall notify the appropriate Order level CO within fifteen (15) calendar days in advance of placing any subcontract or modification for which consent is required under paragraph (a) or (b), including the information required by paragraphs (e)(1)(i) through (e)(1)(vii) of the FAR 52.244-2 clause.

2. The TO CO is responsible for reviewing the Contractor’s notification and supporting data to ensure that the proposed subcontract is appropriate for the risk involved, and consistent with current policy and sound business judgment prior to consent to subcontract.

3. If the Contractor enters into any subcontract that requires consent under the clause at FAR 52.244-2, Subcontracts, without obtaining such consent, the Government is not required to reimburse the Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent. Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.

(d) The Contractor may add or remove Subcontractors without the express written consent of the

Government provided the conditions of paragraph (a) and (b), above, are met.

(e)

H.15 Notification Requirements Under T&M Contracts

Contractor notification requirements for FAR Clause 52.232-7(d), Payments under Time and Materials and Labor-Hours, for T&M TOs (clauses are in Section I by reference), shall be accomplished only by separate correspondence directed to the Order level CO with copies to the Order level COR. No other form of “notification” (e.g., mention in any type of monthly progress or status report) will effect compliance. Further, notification to any individual other than the Order level CO shall not constitute compliance with this requirement.

H.16 Key Personnel

Key personnel are those Contractor personnel considered to be essential to the performance of the EFiMS contract and subsequent TOs.

The Contractor's Program Manager and Teaming Coordinator identified in Section G.3, Contractor Personnel, are designated as key personnel, and may only be replaced with the approval of the EFiMS

PM and the EFiMS CO, in accordance with the terms and conditions of Section H.18, Substitution of Key…