11-R-0012-0001 23April12.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

1. The purpose of this amendment is to make administrative changes due to the submission of offeror inquiries.

a. Questions and answers are provided below.

b. Updates to RFP document are indicated by a ( | ) to the right of the applicable change.

c. Table L2.0 updates are indicated by red bold print.

d. Updates to Attachments 14 and 17. New attachment, Attachment 19, added. Review complete attachments for changes.

e. All other terms and conditions remain the same.

QUESTION 1. Regarding Section L6.4, was it the Government’s intent to state that the target fee of the Option Task Order is 8%?

ANSWER 1: Target fee is 6.5%. Section L6.4 corrected.

QUESTION 2. Regarding sections M3.3.4.2.4 and L4.4.1. Was it the Government’s intent to leave “The degree to which the proposal provides a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract in accordance with FAR 52.222-46” in section M3.3.4.2.4 given that instructions regarding total compensation was removed from Section L4.4.1?

ANSWER 2: See L4.4.4 total compensation plan instruction added.

QUESTION 3. Regarding section L4.7 (copied below). Can the Government confirm that the offeror’s entire section L4.7 response should appear only in the Cost/Price Volume IV? Further, can the Government confirm that section M3.3.4.5 Subfactor 5 – Small Business Participation Plan will apply to Volume IV versus Volume II?

ANSWER 3. Must address subfactor 5, Small Business Participation Plan in the Technical Volume, Volume II. Due to the unlimited page requirement in Volume II, the actual plan with pertinent details should be housed in the Cost/Price Volume, Volume IV.

QUESTION 4. Regarding Section L1.3.1 and the Price Model. There appears to be a disparity between Section L1.3.1 and the Price Model regarding Potential 3400/3600 Efforts. Section L1.3.1 shows a total of $20.5 while the Price Model shows $8,770,000. Can the Government clarify?

ANSWER 4. Removed all budget numbers provided in Section L.6.3 etc from the Price Model. The offeror should input all budget numbers provided by Section L6.3.

QUESTION 5. Regarding L6.3 and the Price Model. There appears to be a disparity between Section L6.3 CLIN X002 and the Price Model. Section L6.3 CLIN X002 shows a total of $1.1M while the Price Model shows $53,719. Can the Government clarify?

ANSWER 5. Removed all budget numbers provided in Section L.6.3 etc from the Price Model. The offeror should input all budget numbers provided by Section L6.3.

QUESTION 6. Regarding Section L6.4.1. Inclusion of the instruction in L6.4.1 is confusing as Section L6.4 addresses a Pre-Priced Option Task Order that has nothing to do with the Representative SCR Worksheet. Can the Government clarify?

ANSWER 6. Revised Section L.6.4.1 to include a Pre-Priced Option SCR Worksheet (Section J, Atch 18). The worksheet is included for the offeror to identify the total number of coding hours or coding tasks (if more than one) associated with this optional task.

QUESTION 7. Sections L6.2.1 and L6.2.2 of the RFP specify that the offerors are to estimate the number of coding hours required for each of the SCRs listed in Representative SCR Worksheet (Sec J, Atch 17) and enter those hours into the CLIN 0001 Base Year Breakdown tab of the NIDS III Price Model (Sec J, Atch 14). Sections L6.4.1 and L6.4.2 are subsections under the Priced Option Task Order (CLIN 0006) section L6.4 and both subsections also reference SCR Worksheet (Sec J, Atch 17) as a component of the cost approach for CLIN 0006. Can the Government clarify the intent of having the reference to the Representative SCR Worksheet in the section dealing with the Priced Option Task Order (CLIN 0006)?

ANSWER 7. CLIN 0006. Revised Section L.6.4.1 to include a Pre-Priced Option SCR Worksheet (Section J, Atch 18). The worksheet is included for the offeror to identify the total number of coding hours or coding tasks (if more than one) associated with this optional task

QUESTION 8. Section L4.6 states the offeror will present a Statement Of Work; however, L4.6.1 states the offeror to provide a Performance Work Statement. Should Section L4.6 state a PWS to be consistent with section L4.6.1

ANSWER 8. Yes. Correction made to L4.6.

QUESTION 9. Please clarify the requirement for a QCP. Section L 2.0 (table 2.0) contains a requirement for a QCP while the requiement for a QCP was deleted from section L4.4.6 in the final RFP

ANSWER 9. Requirement for QCP removed from Section L2.0 (table).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION H – SPECIAL CONTRACT REQUIREMENTS INDEX

1.

BASE ENTRY

2.

CONTRACT TYPE

3.

COMPLIANCE WITH APPLICABLE STATE AND FEDERAL REQUIREMENTS

4.

COMSEC NOTICE

5.

CONTRACTOR IDENTIFICATION REQUIREMENTS & PERFORMANCE OF WORK ON

GOVERNMENT PREMISES

6. CONTRACTOR PERSONNEL ADMINSTRATION

7. CONTRACTOR REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES FOR TEMPORARY DUTY

8. ENVIRONMENTAL AWARENESS

9. GOVERNMENT INSIGHT

10. LIABILITY

11. ORGANIZATIONAL CONFLICTS OF INTEREST AVOIDANCE

12. PERMITS AND RESPONSIBILITY FOR WORK

13. REQUIRED INSURANCE

14. RELEASE OF INFORMATION

15. DISCLOSURE OF INFORMATION

16. RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

17. SECURITY REQUIREMENTS

18. SMALL BUSINESS PARTICIPATION PLAN

19. TECHNICAL INTERCHANGE MEETINGS (TIMs)

20. GOVERNMENT-PROVIDED FACILITY

21. UNAUTHORIZED REPRESENTATION/WORK

22. USE OF TABACCO IN DOD FACILITIES

23. UTILITY SERVICE ON GOVERNMENT FACILITY

24. MOTOR VEHICLE OPERATION ON BASE

25. POSITIONS

26. USE OF MITRE PERSONNEL

27. USE OF SPR PERSONNEL

28. USE OF TECOLOTE PERSONNEL

29. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

30. ACQUISITION PARTNERING PROCESS (AP2)

31. INCENTIVE FEE

32. OTHER DIRECT COST (ODCs)/TRAVEL

33. KEY CONTRACTOR PERSONNEL

34. CONSERVATION OF UTILITIES

35. ACCESS TO CONTRACTOR RECORDS

36. EQUIPMENT/SOFTWARE MODIFICATION/SUBSTITUTION/ADDITIONS

37. COST ACCOUNTING STANDARDS (CAS) NONCOMPLIANCE

38. EXPEDITING CONTRACT CLOSEOUT

39. ACCESS

40. POST AWARD/PRE-PERFORMANCE CONFERENCE

41. USE OF CONTRACTOR PERSONNEL

42. CHANGES TO THIS CONTRACT AND TASK/DELIVERY ORDERS

43. DELIVERY/BASE ACCESS REQUIREMENTS

44. BID AND PROPOSAL COSTS

45. TRANSITION OUT/GOVERNMENT FURNISHED PROPERTY

1. BASE ENTRY

The Contractor shall be required to contact the program manager to obtain the necessary base entry procedures.

All personal vehicles will require liability insurance to the levels established by the state of Nebraska. Contractor personnel shall comply with all safety and security regulations while on base to include reporting problems to the Contracting Officer and Security Desk. Refer to insurance requirements in Sec H, para 13 REQUIRED INSURANCE.

2. CONTRACT TYPE

This is a Cost Plus Incentive Fee (CPIF) IDIQ contract with capability of a CPIF Cost Reimbursement CLIN for travel and ODC’s, and Firm Fixed Price CLIN.

3. COMPLIANCE WITH APPLICABLE STATE AND FEDERAL REQUIREMENTS

This contract is subject to all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and state (or other public authority). The Contractor shall observe and comply with all applicable state and federal requirements as to Social Security, Workmen’s Compensation and employment, and any other matter concerning employment applicable to contract performance. The Contractor shall also abide by and comply with such rules and regulations, directions, or orders, not inconsistent herewith, as may from time to time be issued by the Government.

4. COMSEC NOTICE

All communications with DoD organizations are subject to communications security (COMSEC) review. Contractor personnel shall be aware that telecommunication networks are continually subject to intercept by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, Contractor personnel are advised that any time they place a call to, or receive a call from, an USAF organization, they are subject to COMSEC procedures. The Contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information.

5. CONTRACTOR IDENTIFICATION REQUIREMENTS & PERFORMANCE OF WORK ON GOVERNMENT PREMISES

Contractor personnel performing services on Department of Defense installations or other Government facilities shall ensure that they are readily identifiable as Contractor employees.

(a) Contractor employees shall:

(1) identify themselves as Contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of any service provision to the Government;

(2) identify themselves as Contractor personnel in all recorded messages including those, which are heard by callers attempting to contact Contractor employees via answering machines or voice mail;

(3) identify themselves as Contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any service provision to the Government;

(4) identify themselves as Contractor personnel on any correspondence, documents or reports accomplished or sent in support of any service provision to the Government, including but not limited to, correspondence sent via the U.S. Mail, facsimile or electronic mail (email) inclusive of “out-of-office” replies;

(5) wear or display Contractor provided nametags, badges or attire which display, at a minimum, the name of the Contractor.

b. Any work under this contract which is performed by the Contractor or any of its subcontractors on premises under Government control is subject to all requirements of this contract governing such work, and the following:

(1) All Contractor and subcontractor personnel shall, at all times, conspicuously display a distinctive badge provided by the Contractor, identifying such personnel as employees of the Contractor and shall observe and otherwise be subject to such security regulations as are in effect for the particular premises involved.

(2) All Contractor and subcontractor personnel shall be easily recognized by wearing Government provided security badges while working in the USSTRATCOM facility, or any other Air Force building on Offutt Air Force Base used by the Contractor's employees.

(3) The Contractor shall provide direct supervision of its own employees but shall not supervise or accept supervision from any Government personnel.

(4) The Contractor shall designate to the Contracting Officer in writing an on-the-premises representative to serve as point of contact for the Contractor with the Contracting Officer or their duly authorized representative.

(5) All Contractor and subcontractor employees shall dress appropriately for a professional work environment.

6. CONTRACTOR PERSONNEL ADMINISTRATION

When Contractor personnel are working on a Government installation:

a. It is the Contractor’s responsibility to supervise the techniques used by all personnel assigned to this contract, and to inform personnel of all improvements, changes, and methods of operation to be employed.

b. The Contractor shall have the right to replace, transfer or substitute personnel. Contractor personnel replacement shall be accomplished without causing delays in the performance of this contract. Any replacement personnel must meet the contract requirements, be able to comply with all security requirements, and replacement must be at no additional cost to the Government. The Contracting Officer shall be notified of any key personnel change in writing prior to such change. Contractor is required to find a qualified replacement.

c. The Contractor shall ensure that personnel are not placed in a position:

(1) Where they appear to be appointed or employed by Government personnel, or are under the supervision, direction, or evaluation of Government personnel.

(2) Of command, supervision, administration or control over military or civilian personnel, employees of other Contractors on other contracts, or become part of a Government organization.

(3) To establish requisitioning objectives, station stockage lists, or direct supply channels to a manufacturer, or otherwise circumvent established Department of the Air Force supply channels.

d. The services performed under this contract do not require the Contractor or the Contractor’s 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 on behalf of the Contractor.

e. Rules, regulations, direction, and requirements issued by command authorities under their responsibility for good order, administration, and security apply to all personnel who enter the installation or who travel by Government transportation. The Contractor shall not construe or interpret this to establish any degree of Government control inconsistent with a non-personal services contract.

f. Further information can be found in The Guide For The Government-Contractor Relationship.

7. CONTRACTOR REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES FOR TEMPORARY DUTY

Contractor employees may have occasion under this contract to travel from their regular duty locations to a temporary duty location. All Contractor travel shall be approved by the Government prior to occurrence. Payment shall be made as follows:

a. Transportation, per diem, and lodging expenses required in the performance of temporary duty shall be reimbursed to the Contractor in accordance with the Federal Acquisition Regulations (FAR) 31.205-46. Travel expenses shall be reimbursed under the Travel Contract Line Item in Section B of the contract. Reimbursement for travel shall be limited to those expenses specifically authorized by the above-referenced regulations. When commercial air travel is authorized, the Contractor shall utilize coach, tourist, or similar accommodations. Rental cars will be limited to compact, except if prior authorization is received from the Program Manager prior to the travel taking place.

b. The Contractor shall be paid a per diem allowance for each day an employee is required to remain away overnight from his/her normal duty station while on official temporary duty status. Payment of per diem allowance and related rates shall be in accordance with the current Joint Travel Regulation (JTR). When Government quarters are available, the Contractor employee shall use them.

c. The Contractor shall be reimbursed for travel and per diem expenses in accordance with the regulations cited above, not to exceed amounts allowable under the JTR, but excluding overhead and profit. Payment shall be made directly to the Contractor on a cost-reimbursable basis, upon submission of proper invoices and supporting documentation.

d. Travel within a fifty mile radius of Offutt AFB, NE will not be compensated.

8. ENVIRONMENTAL AWARENESS

The Contractor shall maintain an awareness of the environmental conditions of the Government facilities, report anomalies to the designated Government agent, and as conditions warrant take appropriate actions to protect the Government facilities. The Contractor shall ensure that all employees practice utilities conservation within Government facilities.

9. GOVERNMENT INSIGHT

a. In the spirit of streamlining, the Government is embracing the concept of insight into contract status and performance evaluation rather than traditional oversight. Within this concept, the Contractor shall permit the Contracting Officer, Contracting Officer Representative (COR) or authorized representative(s) access to all data, records, and facilities used in the performance of this contract. These Government quality assurance personnel will be authorized representatives for obtaining this desired insight.

b. The Contractor agrees to partner with USSTRATCOM to prioritize projects, and make recommendations for operating efficiencies. Budget constraints and statutory cost limitations must be considered and may significantly influence decisions. The Contractor may be required to prepare briefings and participate in discussions with USSTRATCOM officials to support the position of the command for program prioritization.

10. LIABILITY

a. The Government will not be held responsible for damages to property or for injuries or death to persons, which might occur without fault on the part of the Government as a result of, or incident to, performance of the contract.

b. The Contractor shall not be liable for any injury to Government personnel or damage to Government property arising from the use of products provided by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.

11. ORGANIZATIONAL CONFLICTS OF INTEREST AVOIDANCE

a. The Contractor shall acknowledge familiarity with the Federal Acquisition Regulation (FAR), Part 9, Subpart 9.5, entitled “Organizational and Consultant Conflicts of Interest,” and agrees to avoid conflicts of interest in accordance with the principles set forth in this subpart. Since the Contractor under the terms of this contract will have access to Government and third party data which might place the Contractor in an organizational conflict of interest, the Contractor agrees to perform this contract as set forth below:

(1) To refrain from unauthorized use or disclosure to any individual, corporation, or organization of information/data/software (referred to hereinafter as “data”) proprietary to other companies coming into its possession in connection with the work under this contract for as long as it remains proprietary.

(2) To execute company-to-company written agreements with companies having a proprietary interest in such data. These agreements shall prescribe the scope of authorized use of such data as well as necessary safeguards against unauthorized use or disclosure, and other terms and conditions to be agreed upon between the parties thereto. A copy of company-to-company agreements shall be furnished to the Contracting Officer promptly after execution of the contract.

(3) To obtain from each of its employees, whose responsibility in connection with the work under this contract may be reasonably expected to involve access to such proprietary data or classified Government information, a written agreement, which, in substance shall provide that the employee will not, during employment by the Contractor or thereafter, disclose any such proprietary data or classified Government information to which the employee had access in connection with the work under this contract.

(4) To refrain from utilizing proprietary data or classified Government information coming into its possession in connection with work under this contract for purposes other than those for which it has been furnished, unless specifically authorized by the organization providing such proprietary data or Government information.

(5) To hold the Government harmless for any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the Contractor, its employees, subcontractors, or agents.

(6) This provision shall remain in effect so long as the third party data remains proprietary and/or the Government information is classified.

b. The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

c. If a Contractor determines that it, or any potential subcontractor, has an organizational conflict of interest, or a potential organizational conflict of interest, then the Contractor shall address the conflict of interest, and shall provide a mitigation plan for the conflict of interest. The mitigation plan shall relieve the organizational conflict of interest such that the full scope of work contemplated by the solicitation can be performed by the Contractor.

d. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

e. The Contracting Officer may terminate this contract for convenience, in whole or in part, if he/she deems termination necessary, to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award but did not disclose it, or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracts, or pursue other remedies as may be permitted by law or this contract.

f. The general rules in FAR 9.505 prescribe limitations on contracting as the means of avoiding, neutralizing, or mitigating organizational conflicts of interest that might otherwise exist in the stated situations. Illustrative examples are also provided in FAR 9.508. The two underlying principles are: preventing the existence of conflicting roles that might bias a Contractor’s judgment; and preventing unfair competitive advantage by a Contractor competing for award.

g. Except with the prior written consent of the Contracting Officer, the Contractor shall not compete (as a prime Contractor, subcontractor, main supplier, or consultant) during the period of this contract, including any extension thereof, and for one year thereafter, for the award of any contract for, supplies, services, or construction which was generated under this contract. This prohibition does not prohibit the Contractor from competing on the follow-on to this contract.

12. PERMITS AND RESPONSIBILITIES FOR WORK

The Contractor shall, without additional expenses to the Government, obtain all licenses and permits required for the performance of the work. The Contractor shall be responsible for all damages to persons or property that occur as a result of the person’s fault or negligence in connection with the performance of the work.

13. REQUIRED INSURANCE

(IAW FAR 28.307)

The Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

a. Workmen’s Compensation and Employer's Liability Insurance, as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

d. Whenever the clause 52.228-7, Insurance--Liabilty to Third Persons, is included in a contract, prime Contractors shall be required to either provide copies of insurance certificates or certify in writing that the required insurance has been obtained before commencing work on the installation. If the Contractor's certification is used in lieu of submission of insurance certificates to the contracting officer, a Certificate of Compliance with Insurance Requirements shall be used for the prime Contractor. After certification by the Contractor, the Certificate of Compliance shall become part of the official contract file. Reference Section for Certificate of Compliance form.

14. RELEASE OF INFORMATION

a. The Contractor shall not hold any discussions or release any information relating to this contract without the written consent of the Contracting Officer.

b. This restriction applies to all news releases of information to the public, industry, or Government agencies, except as follows:

(1) Information for actual or potential subcontractors or vendors, necessary for the Contractor’s performance of this contract.

(2) Information to be supplied to a duly authorized representative of the Contracting Officer.

15. DISCLOSURE OF INFORMATION

In order to comply with DFARS 252.204-7000, Disclosure of Information, copies of the information to be released are required to be mailed to the Contracting Officer at least 45 days prior to the desired information release date.

16. RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

a. The Government reserves the right to perform all contract functions with Government personnel if necessary, per Air Force Instruction 64-106, Air Force Industrial Labor Relations Activities .

b. Performance under paragraph (a) above will not constitute a breach of contract by the Government.

17. SECURITY REQUIREMENTS

a. Where classified information/data is involved, the Contractor shall comply with the “National Industrial Security Program Operating Manual (NISPOM)” and the DD Form 254 (Contract Security Classification Specification) that is included per DD254 in Section J, Attachment 2. (Ref FAR 52.204-2)

b. The Contractor will be required to comply with all security requirements enforced at USSTRATCOM and on Offutt AFB NE. In accordance with DoD 5200.2-R, Personal Security Program, Contractor personnel shall have as a minimum a favorable National Agency Check (NAC) completed before being permitted access to any Government automated information technology system.

c. When directed by the Contracting Officer, the Contractor shall remove any employee who endangers national security. Removal shall be at no cost to the Government.

d. Contractor employees shall obtain and display identification/security badges to obtain access to Offutt AFB and any buildings used by the Contractor. Security Clearances will be processed IAW established procedures, and will be the responsibility of the Government.

e. The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for Contractor employees. Furthermore, the Government reserves the right to grant personnel temporary security clearances in emergency situations. However, this shall incur no obligation on behalf of the Government to grant any of these personnel permanent clearances if the subsequent background investigation does not recommend the clearance.

f. The Contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their Contractor-owned vehicle or privately owned vehicle while on Offutt AFB (Offutt AFB includes the base proper, the USAF Hospital and Capehart Military Family Housing areas).

g. The Contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The Contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

h. Contractor employees shall be required to attend an equivalent level of security education and training as currently required by USSTRATCOM military staff and civilian employees. This includes the quarterly information and computer security refresher training (approximately 1 hour per quarter), and annual anti-terrorism awareness briefings (approximately 1 hour per year). Prior to traveling outside of the U.S. on leave or temporary duty (TDY), Contractor personnel must also receive anti-terrorism awareness training and threat briefings for their intended destination. Prime Contractors are responsible for ensuring that their subcontractors attend this required training.

i. Start of required work will not be delayed due to security clearance; however, personnel without the required clearance shall be limited to material appropriate to their current clearance.

18. SMALL BUSINESS PARTICIPATION PLAN

The offeror’s small business participation plan in support of this contract, submitted in accordance with FAR 52.219-9, 52.244-5, and DFARS 252.219-7003, shall be incorporated herein by reference once approved by the Government. Small business participation will be monitored to ensure the contractor meets the targets set forth in the contractor’s Small Business Participation Plan, to be attached to the contract. The contractor shall report actual achievement of small business subcontracting results down to the third tier on a quarterly basis at program management reviews and bi-annual utilization of the Electronic Subcontracting Reporting System (eSRS). Small business participation reporting shall also discuss initiatives to assist, promote, and utilize small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), Historically Underutilized Business Zone (HUBZone) small business, veteran-owned small business (VOSB) and service-disabled veteran-owned small business (SDVOSB), including the use of small businesses in mission critical aspects of the program.

Include participation of small business (SB), small disadvantaged businesses (SDB), historically black colleges or universities (HBCU), minority institutions (MI), women owned small business (WOSB), or HUBZone small business, to at least a 15% (of the total annual contract dollar value) small business subcontracting goal in performance of this effort for the base year and option years (if exercised) for the remainder of the contract. The sum of small business subcontracts issued to SB, SDB, WOSB, SDVOSB, HUBZone, or HBCU/MI by the prime Contractor shall be counted toward achievement of this goal.

The contractor shall abide by the reporting requirement under FAR 52.219-9 (SF294 / SF295) to include utilizing the Electronic Subcontracting Reporting System (eSRS).

The contractor is expected to meet the small business goal. If the goal is not met during a reporting period, the contractor will be required to demonstrate their good faith efforts to meet the subcontracting goals. Failure to meet the small business goal, or demonstrate good faith efforts, may result in the Government accessing liquidated damages in accordance with FAR Clause 52.219-16, Liquidated Damages—Subcontracting Plan.

This information may be considered in CPARS and other performance reviews.

19. TECHNICAL INTERCHANGE MEETINGS (TIMs)

The Government will conduct meetings at the Government and/or Contractor facilities where the contract work is being performed (location TBD by Contractor). The date and location of the first meeting shall be established by mutual agreement between the Government and the Contractor. Subsequent meetings will occur quarterly, or at mutually agreed upon dates and locations. The purpose of these meetings will be to precisely define requirements, evaluate progress, provide exchange of ideas or information, and assist the Contactor in meeting the requirements of the contract.

The Government and Contractor may also conduct video teleconference (VTC), teleconferences, or phone calls as needed to provide the Contractor the opportunity to update or refine the information provided at the quarterly meetings and to discuss any other issues.

Upon Government/Contractor mutual agreement the Contractor may attend meetings at USSTRATCOM. The Contractor may elect to attend appropriate meetings at USSTRATCOM without Government approval, but must do so at the Contractor’s own expense.

20. GOVERNMENT-PROVIDED FACILITY and Government Furnished Equipment (GFE)

The Government will provide facilities within USSTRATCOM for on-site personnel in performance of this contract. Within USSTRATCOM, the Government will provide desks, chairs, telephones, computers, printers, copiers, and facsimiles for the on-site Contractor’s use on this contract. All property transferred shall be in working, usable form. The contractor shall have all property transferred to the successor by the end of the period of performance for this contract, unless otherwise approved by the government. The contractor will be responsible for consumable items such as writing paper, copier/printer supplies, pencils, pens, etc.

The administration of GFP will be delegated to DCMA/DCAA.

For other GFP, reference Section J.

21. UNAUTHORIZED REPRESENTATION / WORK

a. The Contractor shall not in any way represent itself, as a part or agent of the United States Government, as having the authority to contract or procure supplies or services on the credit of the United States of America, except as provided in the contract.

b. The Contractor shall not accomplish work outside the scope of this contract and shall not utilize in other work, any supplies, parts, or materials acquired for use under this contract.

22. USE OF TOBACCO IN DOD FACILITIES

The Department of Defense has banned smoking and the use of smokeless tobacco in Government facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking and the use of smokeless tobacco are permitted outdoors only in designated areas.

23. UTILITY SERVICE ON GOVERNMENT FACILITY

a. Utility service on the Government facility will be provided at no cost to the Contractor for the performance of this contract. The Contractor shall carefully conserve utilities furnished.

b. Class “C” telephone service will be provided.

c. For the purpose of this contract, utilities, water, electricity, and trash removal on the Government facility will be furnished at no cost to the Contractor. The Contractor will be required to participate in all energy conservation programs.

24. MOTOR VEHICLE OPERATION ON BASE

1. Contractor personnel are advised that seat belt usage is mandatory at all times on Offutt AFB. Nebraska state law requires the use of restraints in a vehicle. Offutt AFB Instruction 31-204, 20 October 2010, Security, Motor Vehicle Traffic Supervision states that failing to utilize seat belts or other restraints while moving will result in the issuance of a 7-day driving suspension and the individual’s traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract. Air Force Instruction 31.204, Air Force Motor Traffic Supervision, prescribes that installation commanders must ensure drivers comply with state and local traffic laws both on and off base. Accordingly, while on Offutt AFB, operators and passengers must wear restraints and may be ticketed by Offutt security personnel for failure to comply. In addition, the following administrative penalties, as a minimum, will be imposed on drivers who are cited for speeding 10 mph - 15 mph over base housing posted speed limits: the first offense will result in the issuance of a 7-day driving suspension and the individual’s traffic history being assessed points. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.

2. Contractor personnel are advised that vehicle operators on a DoD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited (DoD Joint Motor Vehicle Traffic Supervision Regulation, paragraph 4-2). Using a cell phone while driving, without a hands free device will be considered a "primary offense", meaning that violators are subject to being stopped and ticketed solely for this offense and the individual’s traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.

25. POSITIONS

Individuals filling cleared positions must possess the knowledge, training, qualifications and certifications required in the PWS. All required certifications must remain current at no additional cost to the Government throughout the life of the contract.

26. USE OF MITRE PERSONNEL

The Government has entered into a contract with The MITRE Corporation, a Federally Funded Research and Development Center (FFRDC), to provide technical services and guidance to the Government program manager on matters pertaining to general systems engineering, architecture, and integration. General systems engineering and integration is defined as that portion of systems engineering dealing with the overall integration of a system, design compromises among subsystems, definition of inter- and intra-system interfaces, analysis of subsystems and participation in system testing all to the extent required to assure that system concept and objectives will be met on schedule and within costs. As an FFRDC, the MITRE Corporation has agreed not to engage in the manufacture or production of hardware or software, to refrain from disclosing proprietary information to unauthorized personnel, and not to compete with any profit-seeking concern. The Contractor agrees to cooperate with The MITRE Corporation by engaging in technical interchanges with MITRE personnel, and permitting MITRE personnel access to information and data relating to technical matters (including cost and schedule) concerning this contract to the same degree such access is accorded Government project personnel. All modifications, realignment, or redirection of the contractor’s technical efforts and/or contract requirements shall be effected only by the written direction of the Contracting Officer. It is expressly understood that the operation of this clause is not basis for an equitable adjustment.

27. USE OF STRATEGIC PROFESSIONAL RESOURCES, INC. (SPR) PERSONNEL

Personnel from SPR, an independent contractor, which provides technical review support to the Air Force, will assist the Government Evaluation team in the evaluations of the cost/price proposal(s). The Air Force contract with SPR, and SPR’s employment contracts with its personnel, prohibits the unauthorized dissemination of data to which it or its employees have access.

28. USE OF TECOLOTE Research PERSONNEL

Personnel from Tecolote, an independent contractor, which provides technical review support to the Air Force, will assist the Government Evaluation team in the evaluations of the cost/price proposal(s). The Air Force contract with Tecolote, and Tecolote’s employment contracts with its personnel, prohibits the unauthorized dissemination of data to which it or its employees have access.

29. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

1. Base Entry: All contractor vehicles will enter through the SAC Gate and have a proper vehicle search conducted. Exceptions to this policy will be coordinated through the contracting officer and appropriate security forces personnel.

2. Areas Off Limits: The following areas are off limits unless given specific permission, an escort, or work is to be performed in the area listed. Restricted areas, flight line area, General’s row, dormitories (Bldgs 324, 326, 365, 367, 400 and 402), Bldg 500 complex, and gymnasiums (Offutt Field House). Travel to and from the worksite will be made by the most direct route possible.

3. Force Protection Conditions (FPCONS): FPCONS describe the progressive level of countermeasures in response to a terrorist threat to US military facilities and personnel. Force Protection Condition measures are used to deter terrorist attacks on DoD facilities and personnel by:

(1) Varying routines.

(2) Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

The five FPCONS are defined as the following:

(1) Normal: This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture

(2) Alpha: This condition applies when a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable.

(3) Bravo: This condition applies when an increased and more predictable threat of terrorist activity exists.

(4) Charlie: This condition applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

(5) Delta: This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent.

Contractors may be asked to leave the base or not be allowed to enter the base when in elevated FPCONs.

For further information concerning FPCONs, contact the contracting administrator or contracting officer for additional guidance.

4. Contractors identified as mission essential, have been briefed on additional duties and responsibilities associated with increased FPCONs.

5. Suspicious Activities/Stolen Equipment: Please report any suspicious activity or stolen equipment to the Law Enforcement Desk at 294-6110.

6. Searches/Spot Checks: During increased Random Force Protection Measures (RAMs) contractors and their equipment are subject to search via RAMs at any time. Spot checks may also be conducted due to RAMs.

7. Identification: Contractor personnel must keep base issued identification on their person while working on base.

30. ACQUISITION PARTNERING PROCESS (AP2) (Attachment 3)

1. “AP2 Process” means the process of concurrent requirements refinement, proposal development, fact-finding, and preliminary agreement between the Government and contractor in a noncompetitive acquisition. In this process, the Government and contractor IPT members communicate in an ongoing, structured manner from early planning stages until final Proposal Request (PR) is issued.

2. This clause establishes that the AP2 may be used for executing requirements for a modification or Task/Delivery Orders if applicable under this contract. The individual steps within the process are outlined in the AP2 Attachment of Section J.

31. INCENTIVE FEE

Pursuant to FAR 16.405-1, a Cost Plus Incentive Fee contract provides for an Incentive Fee that the contractor may earn during performance. Fees are not applied to travel or materials. Reference Section J, Attachment Incentive Fee.

32. Other Direct Cost (ODCs)/Travel Profit/fee will not be allowed on material, services, and travel obtained as ODCs.

33. KEY CONTRACTOR PERSONNEL

The extent to which the contractor operating the NIDS III is able to achieve the goals and objectives set forth in the Performance Work Statement will depend to a great extent on the managerial skills and professional expertise of certain key contractor personnel who will be responsible for directing the day to day operations during the term of this contract. The importance of these key contractor personnel in the eyes of the Government is evidenced by the fact that their credentials and experience are factors, which are given active consideration in the source selection process. In view of the critical role these key contractor personnel will play in the success of the NIDS III, the contractor shall be expected to retain its key personnel in the same key positions as identified in the contractor’s proposal, for the duration of the contract. If, during the term of the contract, it becomes necessary to replace and/or reassign one or more of these key contractor personnel, the contractor shall obtain the written approval of the Contracting Officer thirty (30) calendar days prior to initiating any such replacement and/or reassignment.

For the purpose of this clause, the term key contractor personnel shall include all employees and/or independent contractor personnel who are identified by name as key personnel in the contractor’s proposal.

34. CONSERVATION OF UTILITIES

The contractor shall ensure that all employees practice utilities conversation. The contractor shall be responsible for preventing of utilities, to include:

1. Lights shall be used in areas only where work is actually performed

2. Employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems (HVAC)

3. Water faucets or valves shall be turned off when not in use.

35. ACCESS TO CONTRACTOR RECORDS

The contractor shall permit the Contracting Officer or an authorized representative at any reasonable time, access to all records, data, and facilities used in the performance of this contract. Such access shall be granted within five workdays of the request.

36. EQUIPMENT/SOFTWARE MODIFICATION/SUBSTITUTION/ADDITIONS

Contractor Supplied Equipment/Software. No items may be substituted/modified/added until the Contractor has submitted a proposal to the Contracting Officer, with adequate supporting justification, an agreement between the Contracting Officer and the Contractor is reached to affect such substitution/modification/additions and authorized by bilateral modification to the contract.

37. COST ACCOUNTING STANDARDS (CAS) NONCOMPLIANCE

Award of this contract does not constitute a determination that the Contractor’s disclosed and applied accounting practices used in pricing this contract are in compliance with the Cost Accounting Standards (CAS). The Government retains its right to adjust the contract price under the CAS clauses of this contract if a subsequent, final determination of noncompliance is made by the Contracting Officer.

38. EXPEDITING CONTRACT CLOSEOUT

As part of the total estimated amount of this contract, both the contractor and Government agree to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500.00 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, excluding amounts connected with taxation, allegations of fraud and/or antitrust violations. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law. This agreement to waive entitlement to residual dollar amounts has been considered by both parties. The administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

39. ACCESS

The Contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their Contractor-owned vehicle or privately owned vehicle while on Government installations or any Government property considered to be part of the Government installation. The Contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The Contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

40. POST AWARD/PRE-PERFORMANCE CONFERENCE

A post-award or pre-performance conference may be required prior to the commencement of any work under this contract. The Contractor’s duly authorized representatives will be required to attend or participate in the conference. Representatives include Key Personnel and personnel authorized to sign contracts and modifications.

41. USE OF CONTRACTOR PERSONNEL

The Government outsources various types and levels of support. The Contractor shall cooperate with other Government support Contractors to the extent necessary to facilitate efficient, responsive provisions of service. The Contractor shall not, however, take direction from other Contractors, unless those other Contractors are designated as Government representatives, such as those working on Intra-Governmental Personnel Assignment (IPA). All modifications, realignment, or redirection of the contractor’s technical efforts and/or contract requirements shall be effected only by the written direction of the Contracting Officer. It is expressly understood that the operation of this clause is not basis for an equitable adjustment.

42. CHANGES TO THIS CONTRACT AND TASK/DELIVERY ORDERS

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result…