FA4600-12-R-0013 _Amendment_0002_as_in_PD2.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:

CHANGES IN AMENDMENT 0002

The purpose of this amendment is to:

1. Remove DFARS 252.237-7024 from Section H-15 since it is a provision. Note: This provision is still referenced under paragraph L6.4 in Section L.

2. Revise Section L, Table 2.0 to add a row under the Technical volume to indicate qualifications summaries and letters of intent for key personnel are not included in the 130 page limit for the technical volume.

3. Revise Section L, paragraph L3.3.2.6. to further clarify “Key Personnel.”

4. Revise Paragraph H and remove paragraph I under Section J, Attachment 11 – Past Performance Information. The revised Section J, Attachment 11 is incorporated as a separate document.

5. Revise paragraph 2.3.2.6, Table 4, and Attachment 3 of Section J, Attachment 19 – SEMS III Annual Sustainment Task Order Performance Work Statement (PWS). The revised Section J, Attachment 19 is incorporated as a separate document.

6. Changes to the applicable paragraphs are indicated by a vertical line in the right hand margin of each section/document.

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 & ACCESS TO GOVERNMENT RECORDS

10.

LIABILITY

11.

ORGANIZATIONAL CONFLICTS OF INTEREST AVOIDANCE

12.

PERMITS AND RESPONSIBILITY FOR WORK

13.

REQUIRED INSURANCE

14.

RELEASE OF INFORMATION

15.

MISSION ESSENTIAL SERVICE AND EMPLOYEES

16.

RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

17.

SECURITY REQUIREMENTS

18.

SMALL BUSINESS (SB) SUBCONTRACTING PLAN/SB PARTICIPATION PLAN/ACTUAL SB REPORTS

19.

TECHNICAL INTERCHANGE MEETINGS (TIMs)

20.

GOVERNMENT-PROVIDED FACILITY AND GOVERNMENT-FURNISHED PROPERTY (GFP)

21.

UNAUTHORIZED REPRESENTATION/WORK

22.

USE OF TOBACCO IN DOD FACILITIES

23.

UTILITY SERVICE ON GOVERNMENT FACILITY

24.

MOTOR VEHICLE OPERATION ON BASE

25.

POSITIONS

26.

ASSOCIATE CONTRACTOR AGREEMENTS

27.

FOREIGN CONTRACTORS

28.

PRE-PRICED TASK ORDERS

29.

ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

30.

INTEGRATED TEAM PROCESS (ITP)

31.

INCENTIVE FEE

32.

OTHER DIRECT COST (ODCs)/TRAVEL

33.

KEY CONTRACTOR PERSONNEL

34.

CONSERVATION OF UTILITIES

35.

SUBCONTRACTOR LISTS

36.

EQUIPMENT/SOFTWARE MODIFICATION/SUBSTITUTION/ADDITIONS

37.

COST ACCOUNTING STANDARDS (CAS) NONCOMPLIANCE

38.

WAGE RATE INCREASES

39.

EXPEDITING CONTRACT CLOSEOUT

40.

ACCESS TO INSTALLATIONS/BUILDINGS/CONTAINERS

41.

POST AWARD/PRE-PERFORMANCE CONFERENCE

42.

USE OF CONTRACTOR PERSONNEL

43.

REOPENER CLAUSE

44.

CHANGES TO THIS CONTRACT AND TASK/DELIVERY ORDERS

45.

DELIVERY/BASE ACCESS REQUIREMENTS

46.

BID AND PROPOSAL COST

47.

TASK ORDER REQUIREMENTS

48.

INTERNATIONAL TRAFFIC IN ARMS REGULATION

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 Section H, Paragraph 13 REQUIRED INSURANCE.

2. CONTRACT TYPE

The contract is a Single Award Indefinite-Delivery Indefinite-Quantity (IDIQ) with Cost Plus Incentive Fee (CPIF). This IDIQ has the capability to award CPIF or FFP task orders (or a combination of these CLINs) with a Cost Reimbursement CLIN for Travel and Other Direct Costs (ODCs) as required.

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 Government 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. The 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 which is available at the following website: http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/Topical/CCO_Predeploy_Plan/training/gov.ctr.relationshipaf.doc.

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 and the Joint Travel Regulation (JTR). 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.

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 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.

e. Note: VTC or other alternate methods may be deemed mandatory versus travel, but this is a Government decision. IAW Per Diem, Travel, and Transportation Allowance Committee policy memorandum dated 27 July 2011, contractors shall ensure that if provided TDY orders, that the Government adds a statement justifying that alternate methods, such as Secure Video Teleconference (SVTC) or other web-based communication are not sufficient to accomplish the travel objectives.

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 & ACCESS TO GOVERNMENT RECORDS

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’s Representative(s) (CORs) or authorized representative(s) at any reasonable time, access to all data, records, and facilities used in the performance of this contract. Such access shall be granted within five workdays of the request. The Government Contracting Officer’s Representative(s) will be the authorized representative(s) for obtaining this desired insight.

b. The Contractor agrees to partner with the Government 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 the Government 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—Liability 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 J, Attachment 9 for the Certificate of Compliance with Insurance Requirements 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. MISSION ESSENTIAL SERVICE AND EMPLOYEES

(Reference Section I, Contract Clause DFARS 252.237-7023.) Pursuant to DoDI 1100.22 dated 12 Apr 2010, the contractor shall identify the number of contractor employees and equivalent man-years required to perform essential services. The contractor shall develop contingency plans for those mission-essential tasks to provide reasonable assurance that the tasks would be performed during crisis. The contractor shall identify employees with military mobilization and recall commitments and develop contingency plans to replace those employees in the event of mobilization, in accordance with the guidelines in DoD Directives 1100.22 and 1352.1.

The Contracting Officer has identified a portion of the services performed under this contract as “Essential DoD Contractor Services” as defined and described in DoD Instruction 3020.37. These “Mission Essential Contractor Personnel” will be identified in the task order.

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 3. (Ref FAR 52.204-2)

b. The Contractor will be required to comply with all security requirements enforced at the government 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 government 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.

j. Specific contractor employees who require access to Sensitive Compartmented Information (SCI) will be required to meet ICD 704 personnel security standards. The number of SCI positions required to perform this IDIQ contract will be approved by the AFWA Special Security Officer based on validated needs. All contractor personnel assigned to perform work under this contract shall have a minimum of Secret security clearance except those assigned to SCI Billets.

k. IAW DoD 5220.22-M, the awardee must possess, or acquire prior to award of the contract, a TS Facility Clearance (FCL) as stated on the DD Form 254 (see AFFARS 5352.215-9000). This requirement is to ensure the ability to successfully transition to full performance.

l. The contractor is encouraged to participate in the voluntary Defense Industrial Base (DIB) Cyber Security and Information Assurance (CS/IA) program and its optional DIB Enhanced Cyber Security Services component. They may apply to the DIB CS/IA program and/or find additional information at http://dibnet.dod.mil (REF: OSD Defense Industrial Base Cyber Security Memo 31 Oct 2012).

18. SMALL BUSINESS (SB) SUBCONTRACTING PLAN/SB PARTICIPATION PLAN/ACTUAL SB

REPORTS

a. Offerors, unless otherwise exempt due to being a small business concern or other reasons in accordance with FAR 19.702(b), shall, in accordance with FAR 19.7, 52.219-9 – Alternate II, 52.244-5, and DFARS 252.219-7003, submit a Small Business Subcontracting Plan. If the offeror is a participant in the Department of Defense (DoD) Comprehensive Subcontracting Test program specified in DFARS 219-71, Pilot Mentor-Protégé Program, the offer shall provide a copy of the approved comprehensive plan. Failure to submit and negotiate a subcontracting plan acceptable to the Contracting Officer shall make the offer ineligible for award of a contract.

b. The offeror’s subcontracting plan in support of this contract shall be incorporated in the resultant contract by reference once approved by the Contracting Officer. The contracting officer will review the subcontracting plan IAW FAR 19.705-4 for adequacy, ensuring that the required information, goals, and assurances are included (see FAR 19.704). The subcontracting plan must be found acceptable prior to receipt of the contract award. Small business participation will be monitored to ensure the contractor meets the targets set forth in the Contractor’s Small Business Subcontracting Plan. The contractor shall report actual achievement of small business subcontracting results only down to the first tier (based on total annual contract dollar value) through 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.

c. Include participation of small business (SB), small disadvantaged businesses (SDB), women-owned small business (WOSB), veteran-owned small business (VOSB), service-disabled veteran-owned small business (SDVOSB), HUBZone small business, or historically black colleges or universities and minority institutions (HBCU/MI) to at least a 30% (of the total annual contract dollar value) small business subcontracting goal in performance of this effort for the first period of performance and each of the option periods (if exercised) for the remainder of the contract. The sum of small business subcontracts issued to SB, SDB, WOSB, VOSB, SDVOSB, HUBZone, or HBCU/MI by the prime Contractor (only down to the first tier) shall be counted toward achievement of this goal.

d. The contractor shall abide by the reporting requirement under FAR 52.219-9 (Individual Subcontracting Report (ISR)/Summary Subcontract Report (SSR)) to include utilizing the Electronic Subcontracting Reporting System

(eSRS). In addition, the contractor will assure that IAW subparagraph (9) of the clause all large business subcontractors will comply with subparagraph (10) of the clause.

e. 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.

f. When the Contractor is not subject to submitting a Small Business Subcontracting Plan, their Small Business Participation Plan submitted as part of their proposal shall be incorporated in the resultant contract by reference. The contractor shall report actual achievement of small business utilization down to the first tier (based on total annual contract dollar value) on a quarterly basis at the corresponding monthly status review briefings.

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

19. TECHNICAL INTERCHANGE MEETINGS (TIMs)

a. 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.

b. 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.

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

20. GOVERNMENT-PROVIDED FACILITY AND GOVERNMENT-FURNISHED PROPERTY (GFP)

a. The Government will provide facilities for on-site personnel in performance of this contract. The Government will provide desks, chairs, telephones, computers, printers, copiers, and facsimiles for the on-site Contractor’s use on this contract.

b. 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. Joint inventories will be performed IAW the Performance Work Statement at the beginning and end of the contract. For the list of GFP, reference Section J, Attachment 2.

c. Any additional GFP requests will be processed through the Government Program Manager for disposition. The Government will be responsible for equipment lifecycle replacement in accordance with current policies, procedures, and guidance. The administration of GFP will be delegated to DCMA who audits the contractor’s property management program annually. All Government property will remain within the Government premises or on Offutt AFB.

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

a. 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.

b. 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 PWS. All required certifications must remain current at no additional cost to the Government throughout the life of the contract.

26. ASSOCIATE CONTRACTOR AGREEMENTS

a. Pursuant to its responsibilities under the contract, the contractor may find it necessary to forge relationships with companies, individuals, or organizations (hereinafter called “associate contractors (ASCONs),” to facilitate exchanges of information necessary to the performance of this contract and the individual task orders. The contractor shall be required to support transition (phase-in and phase-out), the Integrated Team Process (ITP), and Technical Interface/Integration meetings (TIMs) with other contractors and other Government agencies. Relationships shall be identified via written Associate Contractor Agreements (ACAs).

b. The contractor shall execute written agreements with companies, individuals, and organizations identified by the Government as ASCONs. The agreements shall provide for the timely, free, and direct exchange of information and data necessary to the performance of this contract/task orders and shall be structured to ensure effective communication between counterparts at all levels. The contractor shall enter into an ACA for any portion of the contract/task order requiring joint participation of two or more prime contractors to accomplish the requirements. The ACAs shall include the basis for sharing information, data, technical knowledge, expertise, and resources essential to the integration of the contract. The contractor shall write the ACAs to ensure the greatest degree of cooperation to meet the terms of the contract.

c. The intent of the ACA is to: 1. Ensure the greatest degree of cooperation to meet the terms of the Mission and 2. Protect the contractor’s and the ASCON’s proprietary information they will share with each other where such proprietary information would be required by the contractor or ASCON in the performance of their contracts. ACAs shall include the provision that any proprietary information furnished by an ASCON pursuant to the work under this contract/task order will be protected from unauthorized release or disclosure beyond the scope of the agreements. Further, the agreements shall indemnify and hold the Government harmless from liability of any claim asserted by the ASCON arising out of the compromise, misuse or unauthorized disclosure by the contractor of an ASCON’s proprietary information.

d. The contractor will not be required to provide proprietary information to non-Government entities or personnel absent non-disclosure agreements between the contractor and those entities/personnel.

e. With allowance for changes to contracts over time the list of contractors requiring executable ACAs includes, but is not limited to:

· Other contractors associated with the requirement

f. ACAs shall include the following general information:

· Identify the associate contractors and their relationships.

· Identify the services involved and the relevant Government contracts of the associate contractors.

· Specify the categories of information to be exchanged or support to be provided.

· Include the expiration date (or event) of the ACA.

· Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

g. The Contractor shall provide a copy of each ACA to the Contracting Officer for review before execution of the document.

h. The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

i. If any conflict exists between this contract and an ACA, this contract shall take precedence.

j. All costs associated with the ACAs are included in the negotiated cost of this contract. The Government may require the contractor to amend ACAs during performance of this contract.

k. Government contractors, other contractors, or other Government agencies are not authorized to direct the contractor in any manner.

l. The contractor agrees to include a clause substantially the same as this clause in subcontracts. This agreement will not relieve the contractor of its responsibility to manage its subcontract effectively, nor is it intended to establish privity of contract between the Government and the contractor’s subcontractors.

m. This clause shall not prejudice the contractor or its subcontractors from negotiating separate organizational conflict of interest agreements with other contractors. Separate agreements shall not restrict any of the Government’s rights established through other clauses of this contract.

n. The contractor shall freely and directly exchange technical information and data on the performance of its efforts. The Government may conduct meetings to facilitate the exchange of technical information and data between and among ASCONs and other Government personnel. The contractor shall participate in such meetings, and provide program technical information and data. In the event of a disagreement as to what constitutes a permissible exchange of information or data under ACAs, the matter shall be brought to the attention of the Contracting Officer for resolution.

27. FOREIGN CONTRACTORS

A foreign firm or foreign-owned firm will not be permitted to participate as prime contractors, unless they have been approved by Defense Security Service (DSS) under the Foreign Ownership, Control, or Influence (FOCI) process to receive a facility security clearance. In accordance with the National Industrial Security Program Operating Manual (NISPOM) and FOCI, security measures must be established to mitigate the foreign ownership in order to receive a facility security clearance. A foreign-owned company may also be cleared under a Special Security Agreement (SSA). If an SSA-cleared company requires access to prescribed information (e.g. Top Secret - Sensitive Compartmented Information (TS-SCI)), a National Interest Determination (NID) will be processed and approved to declare that release of information would not harm the national security interests of the United States. After contract award, if successful offeror is a foreign-owned firm then a NID will be processed through the Industrial Security Office.” NISPOM 9-407 will apply if Prime subcontracts COMSEC work to a subcontractor. NISPOM 9-407, Subcontracting COMSEC Work, states ―Subcontracts requiring the disclosure of classified COMSEC information shall be awarded only upon the written approval of the Government Contracting Activity (GCA).

28. PRE-PRICED TASK ORDERS

Regarding the (3) task orders priced in the Request for Proposal for the contract, the Government may or may not issue a task order for these services. If the Government elects to award one or more of these task orders, the orders will be awarded at the prices proposed. For the pre-priced task orders, the Government reserves the right to award these task orders up to 12 months after contract award.

29. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

a. 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.

b. 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 Offutt Field House gymnasium. Travel to and from the worksite will be made by the most direct route possible.

c. 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.

d. 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.

e. 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.

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

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

h. 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.

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

30. INTEGRATED TEAM PROCESS (ITP) (Reference Section J, Attachment 5)

a. “Integrated Team Process (ITP)” means the process of establishing an open and effective line of communication between the Government and contractor to ensure clear understanding of the work to be performed under the contract modification/task order prior to proposal submission. The Government and contractor Integrated Team members communicate in an ongoing, structured manner from early planning stages up to issuance of the RFP; there are no negotiations.

b. This clause establishes that the ITP may be used for executing requirements for a modification or new Task Orders if applicable under this contract. The individual steps within the process are outlined in the ITP User’s Guide, Attachment 5 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 ODCs (materials). Reference Section J, Attachment 6, Incentive Fee Plan (IFP) for details.

32. OTHER DIRECT COSTS (ODCs)/TRAVEL Profit/fee will not be allowed on the costs of any Other Direct Costs (ODCs) and/or travel. However, this does not preclude the application of associated burden(s) (e.g. G&A, Material Handling, etc.) associated with those costs.

33. KEY CONTRACTOR PERSONNEL

a. The extent to which the contractor 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…