H9240021R0007 20 Aug 21 DRAFT.pdf

CODE

(Hour)

PAGE(S)

until 01:00 PM local time 25 Oct 2021

X

A X B X C

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X G F 29 - 33

34 - 46 X H 47 - 52

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 52

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

H92400 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 8 - 11 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 12 - 17 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

18 - 27

PART II - CONTRACT CLAUSES

HQ USSOCOM

SOF AT&L-KH

7701 TAMPA POINT BLVD

TAMPA FL 33621-5323

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 Sep 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H9240021R0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot FSR and Ops Labor

LH

In accordance with the SOW provided under separate cover. This CLIN is for Labor Hostile Forces - Tagging, Tracking, and Locating (HF-TTL) and Tactical Video System/Remote Surveillance Target Acquisition (TVS/RSTA) Field Service Representatives (FSRs) and Operational Planners (OPs), LABOR SCHEDULE

Category: TBD Rate Title: TBD Rate: 1.00

FOB: Destination

PSC CD: R499

TOT MAX PRICE

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot NET Labor

LH

In accordance with the SOW provided under separate cover. This CLIN is for Labor of New Equipment Training (NET)

LABOR SCHEDULE

Category: TBD Rate Title: TBD Rate: 1.00

TOT MAX PRICE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot FSR & OPs ODC and Travel

COST

In accordance with the SOW provided under separate cover. This CLIN is for ODC and Travel of Hostile Forces - Tagging, Tracking, and Locating (HF-TTL) and Tactical Video System/Remote Surveillance Target Acquisition (TVS/RSTA) Field Service Representatives (FSRs) and Operational Planners (OPs), MAX COST

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lot NET ODCs and Travel

COST

In accordance with the SOW provided under separate cover. This CLIN is for ODC and Travel of New Equipment Training (NET)

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Data - Not Separately Priced (NSP)

This CLIN is established for the purpose of delivering data IAW Attachment 5 - Contract Data Requirements List (CDRLS) 0001-0007

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,000.00 $96,500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF WORK

The Statement of Work is classified and provided under separate cover.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-MAR-2027

N/A F2VUQ4 HQ USSOCOM SOF ATL SRSE

TCC

BRITTANY BOUCHER

AF NO MILBILLS PROC CP 8138267424

7701 TAMPA POINT BLVD

TAMPA FL 33621-5323

813-826-6912

F2VUQ4

0002 POP 01-APR-2022 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

5652.228-9000 5652.228-9000 Required Insurance (2015) Section G (Revised December 2015)

As prescribed in 5628.310, insert the following clause, Editable and Fill-ins

The kinds and minimum amounts of insurance required in accordance with FAR 52.228-5 "Insurance-Work on a Government Installation" are as follows:

TYPE AMOUNT

Automobile Bodily Injury Liability In accordance with FAR 28.307-2

Property Damage Liability In accordance with FAR 28.307-2

Workers Compensation & Occupational Disease In accordance with FAR 28.307-2

Employer's Liability In accordance with FAR 28.307-2

52.232-37 Multiple Payment Arrangements MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC H92400

Admin DoDAAC** H92400

Inspect By DoDAAC F2VUQ4

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F2VUQ4

Service Acceptor (DoDAAC) F2VUQ4

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

PAYMENT INSTRUCTIONS

G.1 Responsibility for Contract Administration: Administration responsibility for this contract will remain with the procuring contracting office. The Contracting Officer is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. The Contracting Officer may delegate certain responsibilities to his/her authorized Contracting Officer Representative (COR), Alternate COR, or Technical Representative (TR).

G.2 Accounting & Appropriation Data: To be cited in individual task orders.

G.3 Payment Instructions IAW PGI 204.7108: To be cited on individual task orders.

Payment shall be made in accordance with the table in PGI 204-7108 found at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Section H - Special Contract Requirements

SECTION H CLAUSES

H.1. Disclosure of Unclassified Information

(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.

Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the proposed date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Officer.

(c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor’s network(s) or information system(s). Breaches include unauthorized intrusions of the contractor’s server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor’s data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer.

(d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract.

Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer.

(e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

H.2. 5652.216-9004, Procedures for Issuing Task/Delivery Orders under Single Award, Indefinite Delivery- Indefinite Quantity Contracts (2003) Section H

(a) Soliciting Task/Delivery Order Proposals: When the Government has a requirement for services/supplies to be performed/delivered under this contract, the Contracting Officer will issue a request for task/delivery order proposal either in writing/by telephone/ electronic transmission. Each request will include, but not necessarily be limited to, the following:

(1) Request for proposal number and/or title;

(2) Contract Number;

(3) Statement of Work;

(4) Instructions to Offerors;

(5) Items to be delivered and delivery schedule/performance period; and

(6) A listing of Government furnished property to be provided to the Contractor, if required.

(b) Urgent Requirements: In the event of an urgent requirement, the Contractor shall provide a written proposal within the timeframe specified by the Contracting Officer in the specified format.

(c) Submission of Proposals: The Contractor's proposal must comply with the Instructions to Offerors included in the request for task order proposal. The Contractor shall have no more than enter appropriate number of days to submit their proposals, unless:

(1) A longer timeframe is specified in the request for task order proposal, or

(2) It is an urgent requirement.

H.3. ORGANIZATIONAL CONFLICT OF INTEREST

(a) The guidelines and procedures of FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest and FAR Part 3 Improper Business Practices and Personal Conflicts of Interest, will be used in identifying and resolving any issues of conflict of interest.

(b) All contractor personnel (to include subcontractors and consultants) who will be personally and substantially involved in the performance of any task order issued under Technical Collections and Communications (TCC) which requires the contractor to act on behalf of, or provide advice with respect to any phase of a procurement shall execute and submit an “Employee/Contractor Non-Disclosure Agreement” form.

(c) The contractor shall be responsible for identifying and preventing personal conflicts of interest of their employees. The contractor shall prohibit employees who have access to non-public information by reason of performance on a Government contract from using that information for personal gain.

(d) In the event that a task order requires activity that would create an actual or potential conflict of interest, the contractor shall immediately notify the KO of the conflict, submit a plan for mitigation, and not commence work until specifically notified by the KO to proceed; or, identify the conflict and recommend to the KO an alternate approach to avoid the conflict.

(e) The acquisition of services under this contract may create actual or potential conflicts of interest for prime contractors and their respective subcontractors. Prime contractors are responsible for ensuring that both they and their subcontractors are not restricted from participating in TCC requirements due to an organizational conflict of interest (OCI) caused by any existing or in-process USSOCOM contract. This includes all USSOCOM funded contracts or subcontracts, including those at the headquarters and either the Theater Special Operations Commands (TSOCs) or the Geographic Combatant Commands (COCOMs).

(f) USSOCOM prefers that offerors competing for TCC requirements have no known OCIs. While mitigation plans will be considered, they create considerable work for the Agency and each contractor to ensure that OCIs are adequately mitigated at the time of task order award. Consequently, industry is encouraged to avoid OCI issues to the maximum extent practicable.

H.4. PROTECTION OF PROPRIETARY INFORMATION

(a) The Contactor agrees that it will use all reasonable diligence in protecting proprietary data received by it. The Contractor further agrees it will not willfully disclose proprietary data to unauthorized parties without the prior permission of the Government, and that proprietary data shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the contracted effort. This restriction does not limit the contractors right to use, duplicate or disclose such information if such information was lawfully obtained by the contractor from other sources.

(b) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and protect such data from unauthorized use or disclosure as long as it remains proprietary. The

Contractor shall furnish to the Contracting Officer copies of these written agreements within 30 days. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor shall not use proprietary information for any purpose other than that for which it was furnished.

(c) The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the Contracting Officer.

(d) Government Representatives shall have access to the Contractor’s premises and the right to inspect all pertinent books and records in order to ensure that the contractor is in compliance with FAR 9.5.

(e) The Contractor agrees that if after award it discovers a potential organizational conflict of interest, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken or proposes to take, to avoid or mitigate such conflicts.

(f) The Government may waive application of this clause when it is determined to be in the best interest of the Government to do so.

H.5. COMMON ACCESS CARDS FOR CONTRACTOR PERSONNEL

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

1. Require logical access to Department of Defense computer networks and systems in either:

i. the unclassified environment; or

ii. the classified environment where authorized by governing security directives.

2. Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall follow the procedures outlined in the DMDC Trusted Associate

Sponsorship System Trusted Agent (TASS) User Guide Version 4.0 dated March 2013, and any subsequent versions. The Trusted Agents for this contract are the appointed CORs. It is the prime contractor’s responsibility to ensure the CORs have all updated information necessary to process re-verifications and new requests timely in the TASS.

(c) During the performance period of the contract, the contractor shall:

a. Return CACs to either the nearest Real-Time Automated Personnel Identification System (RAPIDS) office or to the COR no later than the next business day of a change in status for contractor personnel who no longer require logical or physical access;

b. Return CACs to either the nearest RAPIDS office or to the COR no later than the next business day following a CACs expiration date; and

c. Report lost or stolen CACs in accordance with local policy/directives.

(d) No later than the next business day following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the nearest RAPIDS office or the COR.

(e) Failure to comply with these requirements may result in withholding of final payment.

H.6. THEATER BUSINESS CLEARANCE CLAUSES

In accordance with DoD Policy and the CENTCOM Contracting Command, Theater Business Clearance (TBC) is required for contractor support in Afghanistan. TBC approval will be obtained by the Government at the task order level when applicable. No action is required on the part of the prime contractor to receive approval. Specific clauses for contractor support covered under a TBC will be incorporated at the task order level.

H.7. 5652.209-9003 Use of Contractor Support/Advisory Personnel (2015)

The contractor’s attention is directed to the fact that USSOCOM contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government Support Contractors who require access and have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

The following firm has an employee participating as an advisor on this acquisition: SOFtact Solutions, LLC

H.8. Synchronized Pre-deployment and Operational Tracker (SPOT). All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Pre-deployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/. Per DFARS 252.225- 7040. All prime contracts will be pre-loaded in SPOT by the KO. All contractors will be required to input the LOA requests per task order (TO), per employee in SPOT and send to the applicable COR for that TO. After COR approval the KO will finalize and sign the LOA in SPOT.

The prime contractors will each have a Point of Contact that will process the LOAs within the SPOT system. The COR will be assigned as the Government Authority and the Contracting Officer (KO) approves the LOA within the system. A complete SPOT guide will be provided via email to all prime contractors for assistance.

The basic process for LOA's is three steps:

Step 1: COR registers in SPOT in the role of Government Authority and lists the Contracting Officer as the sponsor.

Step 2: All prime contracts will be loaded in SPOT by SOF AT&L-KH; we will pre-load authorizations, privileges per the contract, etc. and ensure all CORs are in the SPOT system.

Step 3: An LOA is requested as part of creating a deployment (from contractor) at the TO level. The LOA is assigned to a Government Authority user (the COR).

Step 4: The Government Authority (COR) reviews the LOA inbox and authorizes the LOA.

Step 5: The Contracting Officer then reviews the LOA, inserts the accounting data from the TO, and approves.

Once the KO approves the LOA it is digitally signed and available to be reviewed and printed.

H.9. Small Business Participation. All offerors (both Small and Other Than Small Businesses) are required to comply with the requirements of this clause.

The Government has set a small business subcontracting goal of 15% of total contract dollars for this contract. The contractor will be required to meet and maintain this requirement throughout the life of the contract. The contractor shall submit a Standard Form (SF) 294 Subcontracting Report for Individual Contract and the Summary Subcontract Report (SSR), using the Electronic Subcontracting Reporting System (eSRS) at http://esrs.gov . The contractor’s meeting of the minimum small business subcontracting requirements identified below will be evaluated by the Government within the annual Contractor Performance Assessment Reporting System (CPARS). Failure to meet the goal may result in negative comments and affect your overall performance rating in CPARS.

CATEGORY MINIMUM REQUIREMENT

Small Business 15% Small Disadvantaged 5% (included in the overall 15% total, not in addition to)

The small business(es) must be registered in the System for Award Management (https://www.sam.gov/portal/SAM/#1). It is recommended that the Dynamic Small Business Search (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) be utilized as well.

The prime Contractor is responsible for providing timely notification to the Government of any acquisition or mergers involving the prime contractor to include the potential impact on this contract. In concert with the annual eSRS reporting and any time a prime adds or delete a major subcontractor, the Contractor shall provide an updated list to the Contracting Officer.

H.10. Billable Materials (Travel and ODCs). IAW FAR 16.601(a), Other Direct Costs shall be billable at cost as “Materials”.

The Material CLIN, will only be utilized for payment of the following billable expenses; travel and related expenses to cover Government directed unique training, Government directed certifications above and beyond those required to meet the minimum qualification requirements outlined in SOW, travel to support multiple locations in the same geographical area, and relocation expenses (for OCONUS positions only). Travel expenses will be limited to those expenses allowable IAW the Joint Travel Regulation (JTR) and Department of State Standardized Regulations (DSSR).These include the initial relocation to the OCONUS location and the return to CONUS upon completion of performance at that location. All anticipated expenses under this CLIN shall be submitted to the COR or other designated Government representative for approval prior to any expenditures taking place.

For ODC purchases the contractor is required to maximize competition in order to receive the best value for the government.

H.11. LIMITATIONS ON INDIRECT COST RATES FOR THE BILLABLE MATERIALS (H.10)

a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

b) Notwithstanding the clauses of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7) and “PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS” (52.232-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rate ceiling established by this clause.

d) For the contract performance period (defined as 1 April 2022 to 31 March 2027), the indirect cost rates for the ODC and Travel CLINs (as defined in H.12) contained in the Contractor's accepted contract proposal shall be incorporated into this clause as limitations on indirect cost rates for each corresponding ordering year.

Indirect Rate Indirect Cost Rate Ceiling Total Indirect Burden Material X%

e) The Government will not be obligated to pay any additional amount should any final indirect cost rates exceed the indirect rates incorporated into this clause as a result of increased indirect pool costs incurred. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates incorporated into this clause as a result of decreased indirect pool costs incurred, the incorporated rates shall be reduced to conform with the lower rates.

Adjustments due to actual indirect base costs incurred may be upward or downward.

f) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract.

g) The limitations on the indirect cost rate shall apply to all work performed under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work in the first year of contract performance.

h) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool affected by this requirement, the Contracting Officer and Contractor shall negotiate to determine the indirect cost rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the Government under this contract.

i) Unreimbursed costs resulting from application of the provisions of this clause shall not be charged to any other direct or indirect cost account in such a manner as to result in recoupment of the unreimbursed costs on this or any other Government contract or assistance agreement.

Section I - Contract Clauses

5652.216-9005 5652.216-9005, Government Down Time for Various Reasons (2005) Section I In accordance with 5616.307(l), and as prescribed in 5616.601-90, insert the following clause, From time to time Government installations may be closed in response to an unforeseen emergency or similar occurrence, or by order of the President, Secretary of Defense, or installation commander. Designated emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, acts of war or terrorism, computer failures, or a base disaster such as a natural gas leak or fire.

(1) Under such designated emergencies or other ordered base closures, contractor personnel will not be allowed on the Government installation unless specifically approved by the Contracting Officer in accordance with installation policies and procedures. If an emergency requiring installation closure occurs while contractor personnel are on the installation, contractor personnel shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner unless otherwise directed by the Contracting Officer.

(2) If the installation closure causes a delay in the work required by the contract, the Government may:

(i) grant a time extension in each task order delayed by the closure equal to the time of the closure, subject to the availability of funds.

(ii) terminate the work or a portion of the work.

(iii) reschedule the work on any day satisfactory to both parties.

(iv) permit the contractor to perform at an off-site location during the period of installation closure if meaningful work can be accomplished. Contractor shall certify to the government by letter within 5 business days of returning to work the nature and scope of the work completed off-site. There shall be no adjustment to the contract labor rates for work performed off the installation.

(v) require that the Contractor continue on-site performance during the installation closure period in accordance with installation procedures.

5652.242-9002 5652.242-9002 Accounting for Common Access Cards (CACs) for Contractor Personnel Departing HQ USSOCOM (2014) Section I (Added February 2014)

As prescribed in 5642-490 insert a clause substantially the same as the following in solicitations and contracts and or task orders:

(a) In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the Trusted Agent (TA) who will ensure CAC permissions are revoked the same day. In various instances a contractor employee may not be on task (working) due to furloughs, suspensions pending the outcome of an investigation, or the contract reaches the end of the period of performance (POP) and renewal is anticipated but not yet complete. During these occurrences, the TA or a representative from the contractor (TA’s choice) will collect and retain the CACs of the affected contractor personnel residing in the local area however;

CAC permissions will not be revoked in the Trusted Associate Sponsorship System (TASS). Collecting CACs however, may not be feasible for contractor personnel located in remote locations. When contractor personnel return to work under the contract, they will retrieve their CAC from the responsible party who collected it.

(b) The contractor shall include a monthly report listing contractor employees who departed during the previous month and the date their CACs were turned in using the format listed below.

Employee Name

TA

Name

Contract Number

Termination Date

TO

Number

Date CAC returned to

RAPIDS

Site

Company Name

HQ

USSCOM

Office Symbol

Remarks

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications

(Deviation 2018-O0015)

JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-7 Allowable Cost And Payment AUG 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan JUN 2020 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.230-1 Cost Accounting Standards Notices And Certification JUN 2020 52.230-2 Cost Accounting Standards JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005

52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Items NOV 2020 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-14 Excusable Delays APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7011 Requirements for Submission of Proposals to the Administrative Contracting Officer and Contract Auditor.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7003 Changes In Place Of Performance--Ammunition And

Explosives

DEC 1991

252.223-7004 Drug Free Work Force SEP 1988 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

OCT 2015

252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 31 March 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to…