Statement_of_Work.pdf

STATEMENT OF WORK

1. BACKGROUND

The FCC's Public Safety and Homeland Security Bureau (PSHSB), provides support to the

Defense Commissioner, see 47 C.F.R. § 0.191, and provides intra- and inter agency coordination on all matters concerning national and homeland security, emergency preparedness, and continuity of government functions. PSHSB and the Defense

Commissioner require expert consultant services regarding these matters, including services that will assist the emergency communications and disaster relief efforts of the FCC and other government agencies.

2. PURPOSE

The Federal Communications (FCC) intends to begin a competitive bid process aimed to obtaining the services of a consultant who can effectively support its national and homeland security, emergency preparedness, continuity of government, and inter agency liaison functions and missions for the period July 1, 2015 to June 30, 2018 (including options). The consultant must have a detailed and working knowledge of the FCC's national and homeland security, emergency preparedness, and continuity of government rules, policies, and programs. And, because much of the FCC's work in these areas requires close coordination with other federal agencies and departments, the consultant must have a detailed and working knowledge of the federal organizations with which the FCC coordinates its work, as well as their national and homeland security, emergency preparedness, and continuity of government missions, policies, and programs. The FCC intends to select a consultant who has the ability to acquire knowledge and experience of the subject matter as well as a working knowledge of the departments and agencies with which the FCC must coordinate its work and who can effectively expedite the FCC work effort and help meet its goals. Because much of the subject matter in these areas is classified at the secret and top secret level and is special compartmentalized information, the consultant must have an active security clearance at the TS/SCI (SI, TK, G, and HCS) level.

The work required under this consulting contract addresses three areas of critical need to

PSHSB and the Defense Commissioner. Each of these three elements is critical to the

FCC's national and homeland security, emergency preparedness, and continuity of government missions and therefore a contract must be awarded in a timely manner to provide these services.

a. The contractor must have an extensive working knowledge and contact with various federal departments and agencies- including the National

Telecommunications and Information Administration (NTIA), the Federal

Emergency Management Agency, the Office of the Manager, National

Communications System (OMNCS), Department of Defense (DoD), and the White

House- regarding the functionality of communications assets and the optimal utilization of such assets to enhance continuity of government operations during national and homeland security events, and provide the Defense Commissioner, the

Chief of PSHSB, and the FCC's Continuity Coordinator with expert advice and detailed recommendations on these matters.

b. The contractor must have an extensive working knowledge and contact with various federal law enforcement and intelligence agencies with regard to the operation of communications assets and how such assets can be employed to optimally assist such agencies in performance of their law enforcement and intelligence activities. The contractor must provide the Defense Commissioner, the Chief of PSHSB, and the

FCC's Continuity Coordinator with expert advice on, and detailed recommendations for, FCC guidance to law enforcement and intelligence agencies on the application of communications devices and networks for support of law enforcement and intelligence activities.

c. The contractor must have an extensive working knowledge regarding the use and analysis of satellite imagery to enhance planning and damage assessment efforts related to natural disasters and terrorist attacks, and provide the Defense

Commissioner, the Chief of PSHSB, and the FCC's Continuity Coordinator with expert advice and detailed recommendations on these matters.

3. SCOPE OF WORK

The contractor shall provide expert consultant services regarding national and homeland security, emergency preparedness, and continuity of government functions, including services that will assist FCC and its Federal partners in providing effective emergency communications and disaster relief response.

The Contractor shall provide consulting support in the form of oral and written reports, draft policies and procedures, and review of written work originating from others. The contractor may be required to attend meetings or conferences with PSHSB personnel, with individuals from other FCC Bureaus and

Offices as well, as with representatives from other Federal agencies.

4. TASK DELIVERABLES

A. General

The Contractor shall complete each of the tasks below, and provide any specified oral and written items to the COTR. The COTR will review each deliverable and provide comments to the Contractor within seven (7) working days of the submission of each item; the Contractor shall incorporate these comments and return revised documents to the COTR within ten (10) working days of receipt.

All deliverables shall become the property of the FCC. Each written deliverable shall be submitted in an acceptable electronic format using Microsoft Excel, Microsoft

Word or any other format mutually agreed upon between the COTR and the

Contractor. The above time frames and format requirements apply to all written reports, documents and findings to be delivered to the FCC.

B. Defense Commissioner and PSHSB Support Activities

1. The contractor shall advise the Defense Commissioner, Bureau Chief, and FCC's Continuity Coordinator in their roles of developing and implementing policies and actions to further the agency's strategic goals and responsibilities on national security, national defense, intelligence, public safety, emergency preparedness, continuity of government and communications infrastructure protection;

2. The contractor shall advise the Defense Commissioner, Bureau Chief, and FCC's Continuity Coordinator in their roles as managers of the FCC's classified communications security program;

3. The contractor shall provide nation-specific briefings and training of

FCC commissioners and senior staff regarding security and safety issues for international travel; briefings shall be provided as needed; at least two training sessions will be provided per year;

4. The contractor shall coordinate a program to ensure FCC ITC equipment used during foreign travel by FCC personnel is properly handled and coordinated with Federal partners and, as appropriate, re-activated for FCC use;

contractor shall provide quarterly reports documenting the status of this activity;

5. The contractor shall work with the Continuity Coordinator and the

COMSEC Custodian in conducting an annual review of FCC COMSEC capabilities to ensure full FCC compliance with the NCS 3-10 Minimum Communications

Capabilities;

6. The contractor shall coordinate with FCC's COMSEC Custodian, DISA and other Federal partners in developing an annual plan to improve the performance of FCC's secure VTC capabilities no later than December 31, 2015 and secure mobile devices no later than June 30, 2016;

7. The contractor shall develop a program and document standard operating procedures that allows the FCC to receive satellite based situational awareness information during major disasters no later than March 31, 2016;

contractor shall provide quarterly reports documenting the progress of this program;

8. The contractor shall coordinate the badging and access processes for

FCC personnel a classified Federal Continuity of Government site; contractor shall provide quarterly personnel access reports;

9. The contractor shall perform other duties related to national security, national defense, intelligence, public safety, emergency preparedness, continuity of government, and communications infrastructure protection, as assigned.

5. ESTIMATED LEVEL OF EFFORT

The FCC anticipates award of a firm fix price contract between 600 and 800 hours.

Included in the total price of this effort are Not to Exceed Limits associated with Travel

Expenses $2,000.00. The contractor will be reimbursed based on approval of actual travel cost incurred during performance of this effort in accordance with Federal Travel

Regulations for travel in the continental United States. In scheduling and commencement of travel, the contractor should make every attempt to minimize cost to the Government.

Base year

CLIN Labor Category Hours Hourly Rate Total Firm Fixed

Price

0001 720

CLIN Description Total Not-to-Exceed Price

0002 Travel $2,000.00

Option year 1

Option year 2

Grand Total All CLINs ____________________

6. PLACE OF PERFORMANCE

The contractor is to perform primarily at the Federal Communication Commission, 445 th

St. SW, Washington, DC, unless otherwise stipulated by the government. The

Government may permit telework/remote work by contractor when determined to be in the best interest of the Government, the contractor shall provide the required workstation and appropriate telecommunication connectivity as required for information systems access.

7. GOVERNMENT FURNISHED EQUIPMENT (GFE)

The contractor shall have full access to GFE and software to perform the duties on the project while performing duties in government space. The FCC shall furnish all office space, equipment, including both computer hardware and software, necessary for the contractor to perform the assigned work on-site, unless otherwise specified, to fully satisfy all requirements of this contract.

8. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) and

TECHNICAL POINT OF CONTACT (TPOC)

The COTR for this Task Order is Ronnie Banks, (202) 418-1099. The COTR is responsible for the overall evaluation of contractor performance and deliverables for this Task Order. The TPOC for this Task Order is Jaime Rivas, (202) 418-0161. The

Technical POC will provide guidance and expertise in business and operational functions and serve as the subject matter expert for functional aspects of Task Order.

The COTR will serve as the primary Point of Contact within the FCC and the

Technical POC will serve as the alternate point of contact. The COTR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless authorized by a modification signed by the Contracting

Officer prior to the completion of the contract. The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the

Government which may affect the price, required delivery or completion times stated in the contract, so that the contract may be modified if necessary. The COTR and/or

TPOC are not authorized to direct any action that results in a change in scope, price, terms, or conditions of this contract.

Deliverables will be provided to both POCs specified above via the U.S. Mail or a courier service, using the appropriate POC name and room number specified below using the following address: Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554.

POC

Ronnie Banks

Telephone

202-418-1099

Fax E-mail Room #

202-418-2817 ronnie.banks@fcc.gov 7-C630

Jaime Rivas 202-418-0161 202-418-2817 Jaime.Rivas@fcc.gov 7-C830

9. Method of Performance Monitoring

Within ten (10) business days of contract award, the contractor shall develop and present to the COTR for approval an appropriate performance metrics and customer satisfaction survey (i.e., monitoring approach). Upon Government acceptance of the monitoring approach, performance scoring will commence immediately. The contractor shall schedule monthly reviews (either in person or teleconference, upon mutual agreement and availability of the COTR and TPOC) of the performance data.

In the event that performance data falls below the Acceptable Quality Level (AQL), the contractor will provide a proposed plan for raising their performance to an acceptable level. At each review, the selected measures and monitoring approaches will be analyzed to determine if they continue to meet the performance objectives of this task order. If the Government determines the performance objectives or monitoring approach need to be altered, the contractor shall propose modifications within ten (10) business days of the Government's determination.

10. Performance Scoring

The following scoring methodology shall be incorporated in the monitoring approach: 5 = Exceptional Overall Performance - Exceptional Past Performance

Review

4 = Very Good Overall Performance - Very Good Past Performance Review 3 = Satisfactory Overall Performance - Satisfactory Past Performance Review

2 = Marginal Overall Performance- Marginal Past Performance Review - 2% monthly invoice reduction

1 =Unsatisfactory Overall Performance- Unsatisfactory Past Performance

Review- 6% invoice reduction mailto:Jaime.Rivas@fcc.gov

Performance Objectives Acceptable

Quality Level

(AQL)

Method of

Monitoring

Performance

Scoring

Quality Assurance* policies and processes are used in understanding user requirements, developing products/services that meet the specified requirements and deploying solutions in a timely, cost effective manner. Emphasis should be on catching defects before they get into the final product.

Satisfactory Monthly

Reporting

Metrics

See above

Effective Project Management practices are established including resource management, risk mitigation, accurate time accounting and balancing competing priorities. The goal is to ensure work requests and projects are accomplished with maximum efficiency and effectiveness.

Satisfactory Monthly

Reporting

Metrics

Bi-Weekly

Time

Accounting

Report

See above

A high level of measurable Customer

Satisfaction is achieved through implementation of periodic surveys, metrics on work progress, and activities that support rapid problem resolution and modernization of obsolete system components.

Satisfactory Monthly

Reporting

Metrics and

Customer

Satisfaction

Survey

See above

* A systematic process of checking to see whether a product or service being developed is meeting specified requirements.

11. REPORTS

Monthly Project Status Reports-The Contractor shall prepare and deliver to the Government a monthly-project status report reflecting the current status of ongoing efforts and any other relevant information regarding problem areas and their resolutions, significant activities, work progress, contract expenditures and staffing information (current staff assigned and summary of any vac ancies/recruiting activities. The report shall provide the projected hours and key deliverables/accomplishments for the month.

In addition, the reports shall include metrics required to support performance monitoring and scoring. All reports shall be prepared in MS Word format and submitted via e-mail to the COTR no later than the 10th business day of each month.

Ad Hoc Meeting Minutes and Discussion Summaries - The Contractor shall prepare summaries of meetings and work sessions on an as needed basis.

12. SUBMISSION OF INVOICES

A separate invoice for each month of services shall be submitted in an original and two copies to the:

Federal Communications Commission

Accounts Processing Branch Washington, DC 20554

In addition, one courtesy copy shall be sent to each COTR.

1. In addition to the items required in the Contract Clause, entitled PROMP

PAYMENT (FAR 52.232-25) Mar 2003, a proper invoice must include the following minimum information and/or attached documentation.

a. Separate, distinct invoice number

b. Description of services and date upon which services were rendered;

c. Total/cumulative charges for the billing period;

2. Interest on Overdue Payment

a. The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801) is applicable to payments under this contract, and requires that payment to contractors of interest on overdue payments and improperly taken discounts.

b. Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act.

3. Payment Due Date

4. a. Unless otherwise specified in the contract, payments under this contract will be made on the 30th calendar day after the later of

(i) The date actual receipt of a proper invoice in the office designated to receive

b. the invoice, or

(ii) The date services are formally accepted by the Government.

c. Payment under this contract will be made by Electronic Funds Transfer.

The recipient of this contract must designate a financial institution or authorized payment agent through which federal payment may be due.

13. SUITABILITY AND SECURITY PROCESSING

(a) All contract personnel are subjected to background investigations for the purpose of suitability determinations. Based on their proposed duties, some contract personnel may also be required to have security clearance determinations. No contract personnel may be assigned to work on the contract without a favorable initial review of the

OF 306, Declaration for Federal Employment

(http://www.opm.gov/forms/pdf_fill/ofD306.pdf) or a written waiver from the FCC Security

Operations Center (SOC).

(b) Suitability, waiver, and security clearance determination investigations are currently conducted through the FCC Security Operations Center (202- 418-7884). The individual contract employee will be provided with a review process before a final adverse determination is made. The FCC requires that any contract personnel found not suitable, or who has a waiver cancelled, or is denied a security clearance, be removed by the contractor during the same business day that the determination is made.

(c) If the contract personnel is re-assigned and the new position is determined to require a higher level of risk suitability than the contract personnel currently holds, the individual may be assigned to such position while the determination is reached by the SOC. A new A-600 shall be necessary for the new position.

(d) Contract personnel working as temporary hires (for ninety (90) days or less) must complete and receive a favorable initial review of the OF 306 and complete the contract personnel section of the FCC Form A-600, "FCC Contractor Record Form." If during the term of their employment they will have access to any FCC network application, they must also complete and sign the FCC Form A-200, "FCC Computer System Application Access Form."

14. At Time of Contract Award

(a) The FCC Security Operations Center must receive the completed, signed OF

306 for all proposed contractor employees at the time of contract award. Resumes for all personnel proposed for assignment on the contract should be provided to the Security Office prior to the time of in-take processing (see below, 2.3.2). The FCC Security Operations

Center requires up to five (5) working days (from the date they are received) to process the OF 306 before any employee is allowed to begin work on the contract. A written waiver from the SOC may be obtained in special circumstances.

All contract personnel, regardless of task description, must complete this form. Without an approved, completed OF 306 on file at the SOC, no contractor employee may begin work. An approved OF 306 is one that has passed initial review by the SOC. During the course of the

SOC review of the OF 306, the contract personnel may be interviewed by SOC staff regarding information on their OF 306.

http://www.opm.gov/forms/pdf_fill/ofD306.pdf)

(b) In addition, the Contractor is responsible for submission of completed, signed computer security forms for each employee prior to that person beginning work on the contract

(See Appendix No.3, FCC Instruction 1479.1, FCC Computer Security Program Directive and sample forms.) These forms should be submitted to the FCC Computer Security Office.

(c) The COTR shall begin processing their section of the FCC Contract

Personnel Record (FCC Form A-600) at this time. This form, with the COTR and CO portions completed, will be distributed at the time of contract award and must be submitted to the SOC within ten (10) working days.

(d) The Office of Personnel Management (OPM) will issue a Certificate of

Investigation (CIN) following the appropriate background investigation. The SOC notifies the CO and COTR and contract personnel who have received a favorable adjudication so they may receive their permanent access credential.

15. IDENTITY PROOFING, REGISTRATION AND CHECKOUT

REQUIREMENTS

Locator and Information Services Tracking (LIST) Registration

The Security Operations Center maintains a Locator and Information Services Tracking

(LIST) database, containing contact information for all Commission and contract employee personnel, regardless of work location.

The contract employee's FCC Form A-600, "FCC Contractor Record Form" captures the information for data entry into the LIST system.

Intake Processing

(a) Following the processing of the OF 306 and an initial favorable suitability determination, (unless otherwise waived) the contract personnel shall report to the FCC for identity verification and access badge issuance on their first scheduled workday.

(b) All new contract personnel must be escorted to the SOC by either the CO or COTR responsible for the contract. At this time the contractor personnel must present two forms of identification; one of which must be a picture ID issued by a state, or the Federal, government.

The other piece of identification should be the original of one of the following:

U.S. Passport (unexpired or expired)

Certificate of U.S. Citizenship (Form N-560 or N-561)

Certificate of Naturalization (Form N-550 or N-570)

School ID

Voter's registration card

U.S. Military card

Military dependent's ID card

U.S. Coast Guard Merchant Mariner card

Native American Tribal document

U.S. Social Security card

Certification of Birth Abroad, (Form FS-545 or Form DS-1350)

Original or certified copy of a birth certificate, bearing an official seal

(c) After identity verification, the individual shall complete the Fingerprint Card form, FD

258, the Fair Credit Report Act form, and be photographed and issued the appropriate access badge.

(d) At this time the contract employee will be given one of the following forms, based on the security risk designation for the proposed support classification/position, to complete and return to the SOC within seven (7) business days:

(i) Low Risk Positions - SF 85, Questionnaire for Non-Sensitive Positions

(ii) Moderate Risk Positions - SF 85-P, Questionnaire for Public Trust Positions

(iii) High Risk Positions/Secret or Top Secret Security Clearances - Standard

Form (SF) 86, Questionnaire for Sensitive Positions

(e) For any contract employee whose name is provided to the Commission for security investigation at (ii) or (iii) level, who subsequently leaves the subject contract, due to

Contractor or contract employee decision, within the first year, the Contractor shall reimburse the Commission for the cost of the investigation. If the contract or task order is scheduled for completion in under one year and the contract employee for whom a security investigation has been done leaves prior to the work being done, the Contractor and SOC shall agree on a pro-rated amount for reimbursement. The cost may range from approximately $400.00 (moderate risk) to $3,000.00 (high risk). The Contractor will be provided a copy of the investigation invoice with the reimbursement request.

16. Monthly Contractor Personnel Reports

The monthly report verifying contract personnel working at the FCC is a crucial element in the agency's compliance with Homeland Security Presidential Directive (HSPD) 12. Accurate and timely reporting are required as part of the ongoing access control efforts as mandated by

HSPD-12 and implementing directives.

(a) The Contractor's Program Manager shall submit a contract personnel list to the

SOC on the first working day of each month. This report shall be identified by the contract name and FCC number, and shall list all the contract employees working at the FCC in the immediately previous month.

(b) The report shall highlight or list in some way those individuals who are no longer employed by the Contractor or who are no longer working on the subject contract. As well, any additional contract personnel who have been successfully processed for work on the contract since the previous report shall also be noted.

(c) The report may be delivered electronically in MS Excel format. The covering email should contain a statement of certification of accuracy and should originate with the Contract Program Manager or other Contractor executive personnel. The author of the email shall be considered the signatory.

(d) No later than the 15th of each month, the SOC will notify the Contract Program

Manager, the author of the email covering the Monthly report (if different), the COTR and the

Contracting Officer if the report is a) received after the first working day of the month, or b) contains errors in the listing. The notification will identify the reason for deficit in the report.

(e) The first instance of either a) or b) above shall result in a Five Hundred Dollar

($500.00) penalty against the Contractor. The assessed penalty shall increase in Five

Hundred Dollar ($500.00) increments for each subsequent Monthly report received either late or containing errors.

17. Checkout Processing

(a) All contract employees no longer employed on the subject contract, or at the termination of the contract, are required to report to the SOC and complete the sign-out portion of the FCC A-600, Contract Personnel Record.

(b) This process verifies the access badge has been returned to the SOC by the contract personnel.

(c) If the checkout processing is not completed by the contract employee, the

Contractor shall take action to ensure its accomplishment no later than thirty (30) calendar days after the employee's departure from the FCC.

(d) The Contractor shall be liable to the FCC for an administrative processing charge of$150.00 (One Hundred Fifty Dollars), for each of their employees who leaves their duty assignment at the Commission and fails to complete the checkout processing within thirty (30) calendar days of departure. Mellon Bank, N.A., handles collection and processing of all

Commission administrative charges and should payment become necessary, the Contractor will be provided the appropriate directions for an EFT.

(e) The Contractor shall be liable for any actual damages arising from a failure to ensure that the checkout processing occurs within the thirty (30) calendar days of the contract employee's departure from the FCC.

18. Federal Holidays

The Contractor must establish for this Contract a standard holiday schedule that exactly coincides with the Government's schedule for employees working on Government sites.

Holidays and other non-work days are not billable unless work is specifically requested by the

Government and performed on these days. The following is a list of Government holidays:

(1) New Year's Day;

(2) Martin Luther King's Birthday;

(3) Washington's Birthday;

(4) Memorial Day;

(5) Independence Day;

(6) Labor Day;

(7) Columbus Day;

(8) Veterans' Day;

(9) Thanksgiving Day;

(10) Christmas Day.

(11) Inauguration Day (every fourth year)

No work will be performed by Contractor personnel on Government facilities on observed federal holidays or other non-work days without prior written approval of the COTR.

Should approved work be performed on holidays, weekends or other non-work days, it shall be billable at the regular rate.

There are certain types of irregularly occurring circumstances that may prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis

(i.e. bomb threats, inclement weather, power outages, death of a national figure, or budget stoppages). Contractor staff shall not work if the Federal Communications Commission is closed, unless otherwise authorized by the Contracting Officer.

19. CONFIDENTIALITY A N D CONFLICT OF INTEREST

Confidentiality

1. The Contractor and any of its personnel assigned to this contract, including any consultants, subcontractors or other representatives (collectively "the Contractor"), are restricted as to their use of non-public information concerning any matter relating to the contract work. Any such information that is made known to the Contractor by virtue of its work under this contract is deemed confidential/proprietary, and is subject to the attorney-client privilege, the attorney work product doctrine, the deliberative process privilege, and any other relevant claims of privilege from disclosure under the Freedom of information

Act. (Confidential information and/or proprietary data include non-public information to which the Contractor is given access by virtue of its work under the contract and which embody the types of information that are not or have not been generally known or available from other sources, or third parties, without obligation concerning their confidentiality.) It is the responsibility of the Contractor to preserve all such information in confidence. Any confidential/proprietary information relating to any aspect of this contract may not be discussed or shared, or otherwise exchanged within or outside of the Contractor's organization, except as to those individuals: (a) assigned to or performing the contract work; or (b) as otherwise agreed to by the Contracting Officer. Immediately upon contract award (if not already provided as part of the proposal process), the Contractor shall submit a list of assigned Contractor employees, subcontractors, consultants, representatives and, if any, other individuals it has identified as having a "need to know," and obtain the

Contracting Officer's written consent to exchange confidential/proprietary informat ion with them. The Non-Disclosure Agreement attached hereto as Attachment 4 must be executed by all affected individuals before the dissemination of any such information. It is understood that the FCC is procuring its requirements from the Contractor under the explicit condition that it ensure that its employees, subcontractors, consultants, representatives or any other individuals who have been approved in writing by the

Contracting Officer to receive confidential/proprietary information, not engage in any discussions or otherwise exchange any information with anyone who has not executed a

Non-Disclosure Agreement. The approval process described above applies to any individuals who may become associated with the contract effort following award.

2. All reports, information, discussions, procedures, and any other data that is collected, generated' or results from the performance of this contract is considered confidential/proprietary information, and may not be disclosed or used by the Contractor at any time in any manner outside the performance of this contract without the prior written approval of the FCC. Requests to make such disclosure must be addressed in writing to

Contracting Officer. In the event the Contractor is issued a subpoena, court order, or similar request seeking information related to this contract, the Contractor will notify the

Contracting Officer in writing within one calendar day of knowledge or receipt of such request, whichever is sooner.

3. The Contractor may not discuss the contract work in progress with any outside party, including responding to media and press inquiries, without the prior written permission of the FCC. In addition, the Contractor may not issue news releases or similar items regarding contract award, any subsequent contract modifications, or any other contract-related matter without the prior written approval of the FCC. Requests to make such disclosure should be addressed in writing to the Contracting Officer.

4. All documents, photocopies, computer data and any other information of any kind collected or received by the Contractor in connection with the contract work shall be provided to the FCC upon request at the termination of the contract; i.e., the date on which final payment by the United States is made on the contract, or at such other time as may be requested by the Contracting Officer or as otherwise agreed by the Contracting

Officer and the Contractor.

5. The prohibition on disclosure of the information described above is an ongoing obligation and does not terminate with completion of the contract work.

CONFLICT OF INTEREST

1. The Contractor and any of its personnel assigned to this contract, including any consultants, subcontractors or other representatives (collectively "the Contractor"), is committed to providing high quality service to the Commission that is free from bias, personal and organizational conflicts of interest, including the appearance of impropriety, and unprofessional conduct. During the period of contract performance, the Contractor shall refrain from providing services to any person or entity with respect to any matter directly involving the subject matter of the contract with the

FCC. The Contractor shall also refrain from providing services to any person or entity with respect to any matter indirectly relating to the subject matter of the contract with the FCC without first providing a detailed written explanation of the proposed services to be rendered and obtaining the express written consent of the Contracting Officer in connection therewith. The Contractor further agrees that for a period of twelve (12) months following the termination date of the contract, it will not perform services for any individual or entity that may raise an actual or potential conflict of interest

(including circumstances that may raise the appearance of impropriety) with respect to work performed for the FCC under this contract without first obtaining the written consent of the Contracting Officer. (The termination date is defined as the date on which final payment by the United States is made on the contract.) These provisions apply to all Contractor personnel, subcontractors, consultants, representatives and any other individuals who have been engaged to perform any aspect of the contract work or who have been given access to any confidential/proprietary data as provided in

Paragraph A above.

2. During and after the period of contract performance, the Contractor agrees that it will not dispute the validity of, nor take positions inconsistent with, the work product generated for the FCC in connection with this contract. This provision applies to all

Contractor personnel, subcontractors, consultants, representatives and any other individuals who have been engaged to perform any aspect of the contract work or who have been given access to any confidential/proprietary information as provided in

Paragraph A.

3. The Contractor must submit with its proposal a certificate containing the following information:

a. Name, address, and telephone number of any client of the Contractor, and a description of the services rendered, if, in the 2 years preceding the date this solicitation was issued, services were rendered to such client, public or private, relating directly or indirectly to the subject matter of the services to be provided to the FCC under the instant contract.

b. As further provided in Paragraph 4. Below, the Contractor shall promptly report to the Contracting Officer, in writing, any changes to this list that may arise during the course of contract performance.

4. The Contractor certifies that it has made inquiry and that, to the best of its knowledge and belief, no actual or potential conflict, or situation that could raise the appearance of impropriety, exists with respect to the services to be provided in connection with the instant contract, or that any actual or potential conflict or appearance issue that does or may exist with respect to the contract in question has been communicated in writing to the Contracting Officer.

5. The Contractor recognizes that the failure to mitigate or otherwise resolve to the satisfaction of the Government, any situation required to be reported pursuant to the above provisions, may render it ineligible for award or, if necessary, subject to contract termination.

The Contractor agrees that if after award of the contract or Task Order, it discovers an actual or potential conflict of interest, including an issue that may present the appearance of impropriety, or that any new circumstances have resulted in such issues, it shall make an immediate and full disclosure in writing to the Contracting Officer of the nature of the conflict

(in sufficient detail for the FCC to determine whether or not a conflict exists) and the action which the Contractor has taken or proposes to take to eliminate, neutralize, or mitigate the conflict. The Contracting Officer shall consider the Contractor's submission and take whatever action he or she deems to be in the best interest of the Government. If the contractor was aware of a potential or actual conflict of interest or appearance issue prior to award of this contract, or discovered such a situation after award and did not disclose it or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(End of clause)

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