H92222-10-R-00004 Amendment 0002 Conformed Document.pdf

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until 02:00 PM local time 12 Jul 2010

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80 - 97 X H 98 - 103 daumj@socom.mil

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)

1 103

(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.

H92222 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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)

DR JOSEPH R DAUM 813-282-8795

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 22

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

25 - 26 27 - 29

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 30 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 31 - 42 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 AT TACHMENTS

43 - 71

PART II - CONTRACT CLAUSES

HQ USSOCOM SORDAC-K

ATTN: DR JOSEPH R DAUM

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621 813-282-8795

813-286-2264FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

27 May 2010

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H92222-10-R-0014

Section B - Supplies or Services and Prices

CONTRACT MINIMUM AND MAXIMUM

The contract minimum as defined in 52.216-22 for this contract is (the order value of the first task order (CLIN 0001 Total Target Cost) will be inserted upon contract award). The Contract Maximum is $95,000,000.00. The maximum may be increased in accordance with Section H clause H.7 entitled “Contract Incentives.”

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot ITMO/Service Provider Transition IOC

CPIF

Initial Operating Capability (IOC) of an Information Technology Management Office (ITMO) and Transition services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 6.

FOB: Destination

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, 6, and 7.

UNIT UNIT PRICE MAX AMOUNT

1002 1 Lot CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 9.

UNIT UNIT PRICE MAX AMOUNT

1003 960,000 Each Per Month

IT Service Desk Operation (Bronze)

FFP

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled Service Desk Pricing.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1004 600,000 Each Per

IT Service Desk Operation (Silver)

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user.

UNIT UNIT PRICE MAX AMOUNT

1005 180,000 Each Per

IT Service Desk Operation (Gold)

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

1006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause 5652.231-9001 Allowable Travel Costs.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lot ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, UNIT UNIT PRICE MAX AMOUNT

2002 1 Lot CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology

UNIT UNIT PRICE MAX AMOUNT

2003 960,000 Each Per

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled

UNIT UNIT PRICE MAX AMOUNT

2004 600,000 Each Per

UUpgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

2005 180,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

2006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Months ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED Months CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology

UNIT UNIT PRICE MAX AMOUNT

3003 960,000 Each Per

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled

UNIT UNIT PRICE MAX AMOUNT

3004 600,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

3005 180,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

3006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Months ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED Months CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology

UNIT UNIT PRICE MAX AMOUNT

4003 960,000 Each Per

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled

UNIT UNIT PRICE MAX AMOUNT

4004 600,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

4005 180,000 Each Per

UUpgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

4006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause

UNIT UNIT PRICE MAX AMOUNT

5001 UNDEFINED Months ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, UNIT UNIT PRICE MAX AMOUNT

5002 UNDEFINED Months CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology

UNIT UNIT PRICE MAX AMOUNT

5003 960,000 Each Per

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled

UNIT UNIT PRICE MAX AMOUNT

5004 600,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

5005 180,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

5006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause

UNIT UNIT PRICE MAX AMOUNT

5007 1 Lot Incentive Payments

FFP

Term 5 incentives in accordance with Section H clause entitled Contract Incentives.

UNIT UNIT PRICE MAX AMOUNT

6001 UNDEFINED Months ITMO Service Management Support

CPIF

Information Technology Management Office (ITMO) Service Management support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM) paragraphs 3, 5, UNIT UNIT PRICE MAX AMOUNT

6002 UNDEFINED Months CIO Support

CPIF

Chief Information Officer (CIO) support in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology

UNIT UNIT PRICE MAX AMOUNT

6003 960,000 Each Per

Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures.

Each Per Month Unit Price = Service for one month for one SOF Information Enterprise (SIE) user priced in accordance with contract Attachment entitled

UNIT UNIT PRICE MAX AMOUNT

6004 600,000 Each Per

Upgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

6005 180,000 Each Per

UUpgraded Information Technology Service Desk services in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 8. The unit price per month shall be determined in accordance with Section H clause entitled Ordering Procedures. Each Per Month Unit Price = Service for one month for one SOF

UNIT UNIT PRICE MAX AMOUNT

6006 UNDEFINED Lot Travel

COST

Travel associated with the support required in contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management. All travel shall be conducted in accordance Section I clause

UNIT UNIT PRICE MAX AMOUNT

6007 1 Lot Incentive Payments

FFP

Term 6 incentives in accordance with Section H clause entitled Contract Incentives.

UNIT UNIT PRICE MAX AMOUNT

7008 UNDEFINED Lot ITMO Transition-Out Services

CPIF

Information Technology Management Office (ITMO) Transition-Out services in accordance with contract Attachment entitled Program Work Statement, USSOCOM Information Technology Service Management paragraph 10 and FAR 52.237-3 Continuity of Services.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management (ITSM).

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5652.247-9000 Packaging & Marking - F.O.B. Destination (1998)

The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.

(end of clause)

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 N/A N/A N/A Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 N/A N/A N/A Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 N/A N/A N/A Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 N/A N/A N/A Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 Destination Government Destination Government 5006 N/A N/A N/A Government 5007 N/A N/A N/A Government 6001 Destination Government Destination Government 6002 Destination Government Destination Government 6003 Destination Government Destination Government 6004 Destination Government Destination Government 6005 Destination Government Destination Government 6006 N/A N/A N/A Government 6007 N/A N/A N/A Government 7008 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

Section F - Deliveries or Performance

CLIN 0001PERFORMANCE PERIOD

The period of perforomance for CLIN 0001 shall be contract award through 31-MAR-2011.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

1001 POP 01-APR-2011 TO

31-MAR-2012

N/A N/A

1002 POP 01-APR-2011 TO

31-MAR-2012

1003 POP 01-APR-2011 TO

1004 POP 01-APR-2011 TO

1005 POP 01-APR-2011 TO

1006 POP 01-APR-2011 TO

2001 POP 01-APR-2012 TO

31-MAR-2013

2002 POP 01-APR-2012 TO

2003 POP 01-APR-2012 TO

2004 POP 01-APR-2012 TO

2005 POP 01-APR-2012 TO

2006 POP 01-APR-2012 TO

3001 POP 01-APR-2013 TO

31-MAR-2014

3002 POP 01-APR-2013 TO

3003 POP 01-APR-2013 TO

3004 POP 01-APR-2013 TO

3005 POP 01-APR-2013 TO

3006 POP 01-APR-2013 TO

4001 POP 01-APR-2014 TO

31-MAR-2015

4002 POP 01-APR-2014 TO

4003 POP 01-APR-2014 TO

4004 POP 01-APR-2014 TO

4005 POP 01-APR-2014 TO

4006 POP 01-APR-2014 TO

5001 POP 01-APR-2015 TO

31-MAR-2016

5002 POP 01-APR-2015 TO

5003 POP 01-APR-2015 TO

5004 POP 01-APR-2015 TO

5005 POP 01-APR-2015 TO

5006 POP 01-APR-2015 TO

5007 N/A N/A N/A N/A

6001 POP 01-APR-2016 TO

31-MAR-2017

6002 POP 01-APR-2016 TO

31-MAR-2017

6003 POP 01-APR-2016 TO

6004 POP 01-APR-2016 TO

6005 POP 01-APR-2016 TO

6006 POP 01-APR-2016 TO

6007 N/A N/A N/A N/A

7008 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

INTERIM PAYMENT OF FEE

For Cost Plus Incentive Fee CLINs, the Government will pay 1/12 of the target fee each month. The Government may withhold an appropriate amount of the fee or pay an appropriate higher amount in accordance with 52.216-10 Incentive Fee.

Monetary incentives earned in accordance with Section H clause entitled Contract Incentives will paid within 90 days of the end of the respective evaluation period.

5652.228-9000 Required Insurance (2003)

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

TYPE AMOUNT

Automobile Bodily Injury Liability $200,000 per person/ $500,000 per occurrence Property Damage Liability $20,000 per occurrence Workers Compensation & Occupational Disease As required by federal and State Statutes Employer's Liability $100,000

Section H - Special Contract Requirements

H.1 DEPLOYMENTS

All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Predeployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/. Per DFARS 252.225-7040. This contract will be pre-loaded in SPOT by the Contracting Officer (CO). The contractor shall input the Letter of Authorization (LOA) requests for each employee in SPOT and send to the applicable Contracting Officer representative (COR) for that task order. After COR approval the CO will finalize and sign the LOA in SPOT.

The contractor shall 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 CO 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 LOAs is the following four steps:

Step 1: The contract will be loaded in SPOT by The Government; the Government will pre-load authorizations, privileges per the contract, etc. and ensure all CORs are in the SPOT system.

Step 2: An LOA is requested as part of creating a deployment (from contractor) at the task order level. The LOA is assigned to a Government Authority (i.e. COR).

Step 3: The Government Authority (COR) reviews the LOA and authorizes the LOA.

Step 4: The CO then reviews the LOA, inserts the accounting data from the task order, and approves. After the CO approves the LOA, it is digitally signed and available to be reviewed and printed.

H.2 VERIFICATION & VALIDATION

The Government may acquire the services of third party contractors to execute independent verification and validation (IV&V), audits, and unbiased evaluation of the Contractor and other Special Operations Forces Information Envoronment (SIE) service providers. The contractor shall cooperate with, share information with, and permit access to IV&V contractors at Information Technology Management Office (ITMO) request.

H.3 COMMON ACCESS CARDS

(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 Contractor Verification System User Manual, Version 2.0.1 April 2009. The Trusted Agents for this contract are the Appointed Contracting Officer Representative (COR) per task order. It is the responsibility of the prime contractors to ensure the CORs have all updated information in order to process timely reverifications and new requests in Contractor Verification System (CVS).

During the performance period of the contract, the contractor shall:

(1) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(2) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date;

(3) Report lost or stolen CACs in accordance with local policy/directives.

(4) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

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

H.4 CONDUCT OF PERSONNEL

The contractor, including his assigned personnel, performing services on a military reservation shall be guided by and shall observe and comply with all applicable rules, regulations, directions and requirements pertaining to conduct of personnel on the military reservation as prescribed by the Commander of the military reservation during the performance of the required services. The contractor further agrees to recognize the authority of the responsible military Commander to suspend, restrain or restrict the activities of contractor personnel whenever in his judgment such action is deemed necessary for the protection of personnel and equipment under his military jurisdiction.

H.5 CONTRACTOR IDENTIFICATION

Contractor employees shall wear a Government-issued badge while in Government facilities. Contractor and sub-contractor employees are required to clearly identify themselves as a contractor at all times whether in person or on the telephone.

If a contractor employee leaves the company or moves to a different agency for support under this contract they will be required to “check-out” with the respective Government Contracting Officer Representative (COR) and turn their badge into the Security Management Office (SMO) and clear all computer systems to which they have access.

H.6 ORDERING PROCEDURES

An order for ITMO/Service Provider Transition Initial Operating Capability under CLIN 0001 will be issued at the time of award and will constitute the contract minimums in accordance with 52.216-22.

The Government may issue orders for ITMO and CIO support under CLINs 1001, 1002, 2001, 2002, 3001, 3002, 4001, 4002, 5001, 5002, 6001, and 6002 from 120 days prior to the period of performance of each CLIN through the first day of the period of performance of each CLIN. CPIF Targets, Fees and Share Ratios for each CLIN shall be in accordance with Section B of the schedule.

The Government may issue orders for IT Service Desk Operation (Bronze) under CLINs 1003, 2003, 3003, 4003, 5003, and 6003. The Government may order services for 1 to 12 months on a single order. Unit prices shall be based on the projected average number of monthly users for the order performance period in accordance with contract Attachment entitled Service Desk Pricing. Upon ordering only users approved by the COR shall receive service. Each month the contractor shall invoice the Government for Bronze services based on the actual number of approved active users for the month. The actual number of units invoiced for the month shall be the daily average number of approved active users. The actual number of users per month shall be determined by summing the number of approved active Special Operations Forces Information Enterprise (SIE) users for each day of the month and then dividing that number by the total number of days in the month. The unit price invoiced shall be the unit price of the order. The Government may unilaterally increase the number of units under an order at the same unit price by modification of the order.

The Government may issue orders to upgrade IT Service Desk Operation (Bronze) service to the silver or gold level under CLINs 1004, 1005, 2004, 2005, 3004, 3005, 4004, 4005, 5004, 5005, 6004 and 6005. The Government may order upgraded services for 1 to 12 months on a single order. Unit prices for the order shall be the prices for each respective CLIN in Section B of the schedule. Upon ordering only users approved by the COR shall receive upgraded service. Each month the contractor shall invoice the Government for Silver and Gold services based on the number of active users that have been approved to receive upgraded gold or silver service for the month. The number of approved active users will be determined by summing the number of approved active silver and gold users for each category for each day of the month and then dividing that number by the total number of days in the month.

The number of units invoiced for the month shall be the daily average number of approved active silver and gold users.

If the contractor determines, based on projected usage, that the number of units to be billed in the next 90 days for any CLIN on any order will exceed the number of units ordered, the contractor shall immediately notify the Contracting Officer (CO).

Orders for Travel may be issued on a cost basis under CLINs 1006, 2006, 3006, 4006, 5006 and 6006 based on Government estimates of travel cost.

The Government may issue an order for ITMO Transition-Out Services under CLIN 7008 at any time. The period of performance shall be 120 days from the effective date in the order. CPIF Targets, Fees and Share Ratios for CLIN 7008 shall be in accordance with Section B of the schedule.

H.7 CONTRACT INCENTIVES

The contractor may earn term and/or monetary incentives for performance that exceeds minimum acceptable service levels in accordance with this clause. The Government will determine the contractor’s eligibility to receive contract incentives based on objective measurements of performance against Service Level Agreements (SLA) contained in contract Attachment entitled IT Service Management Performance Measurement.

Term Incentives Incentive

Number

Type

Incentive

Evaluation Period Incentive

1 Term 1 April 2011 – 31 March 2012 Extension of the contract ordering period to 31

March 2014 and Increase of the Contract Maximum to $135,000,000.00

2 Term 1 April 2012 – 31 March 2013 Extension of the contract ordering period to 31

March 2015 and Increase of the Contract Maximum to $175,000,000.00

3 Term 1 April 2013 – 31 March 2014 Extension of the contract ordering period to 31

March 2016 and Increase of the Contract Maximum to $215,000,000.00

4 Term 1 April 2014 – 31 March 2015 Extension of the contract ordering period to 31

March 2017 and Increase of the Contract Maximum to $255,000,000.00

5 Monetary 1 April 2015 – 31 March 2016 $500,000.00

6 Monetary 1 April 2016 – 31 March 2017 $500,000.00

The Government will measure and assess contractor performance each month and calculate an evaluation period score in accordance with contract Attachment entitled IT Service Management Performance Measurement. If the evaluation period score calculated exceeds 65% of the total possible score for an incentive evaluation period, the Government will award the corresponding incentive to the contractor as detailed in the table above. For term incentives, the Contracting Officer (CO) will issue a unilateral modification to extend the ordering period of the contract and increase the Contact Maximum. The modification will revise paragraph (a) of clause 52.216-18 Ordering by updating the Ordering Period Extension Date for the respective incentive term earned in the table above and increase the Contract Maximum contained in Section B. For monetary incentives, the CO will issue a task order for CLIN 5007 if incentive 5 is earned and CLIN 6007 if incentive 6 is earned. If the contractor fails to earn an incentive they are ineligible to receive all subsequent incentives.

If the contractor fails to achieve or exceed the Minimum Acceptable SLA performance levels (i.e. achieves a score of -1) for an SLA for a particular month, the contractor shall deliver a service improvement plan in accordance with contract Attachment entitled Performance Work Statement, USSOCOM Information Technology Service Management paragraph 7.6. If the contractor fails to achieve or exceed the Minimum Acceptable SLA performance levels on one or more SLAs in two consecutive months, as identified in contract Attachment entitled IT Service Management Performance Measurement, the CO will withhold 15% of the price on associated Firm Fixed Price (FFP) CLINs and 15% of the Target Fee on associated Cost Plus Incentive Fee (CPIF) CLINs. If the contractor achieves or exceeds Minimum Acceptable SLA performance levels in the subsequent month (i.e. third month), the CO will release the previously withheld payments.

If the contractor fails to achieve the Minimum Acceptable SLA performance levels in three consecutive months the CO may: terminate the contract for default in accordance with 52.249-6 Termination (Cost Reimbursement) or 52.249-8 Default (Fixed-Price Supply & Service); renegotiate the SLAs; and/or reduce the price or fee associated with the SLAs failing to meet Minimum Acceptable SLA performance levels.

If the CO elects to reduce the price or fee, the price or fee of all CLINs associated with an SLA(s) that failed to achieve the Minimum Acceptable SLA performance levels, as identified in contract Attachment entitled IT Service Management Performance Measurement, shall be reduced. For FFP CLINs, the CLIN unit price for units invoiced shall be reduced by 5% for each SLA in which the contractor failed to meet the Minimum Acceptable SLA performance levels in three consecutive months. Furthermore, the CLIN unit price shall be reduced by 5% for all subsequent months in which the contractor fails to meet the Minimum Acceptable SLA performance levels on each SLA in which the contractor failed to previously meet the Minimum Acceptable SLA performance levels for three consecutive months. This will apply for the duration of the contract. The FFP unit price reduction shall not exceed 15% of the CLIN unit price.

For CPIF CLINs the Target Fee shall be reduced by 2% for each SLA for each month in which the contractor failed to meet the Minimum Acceptable SLA performance levels during the evaluation period. The target fee shall not be reduced below $0.

The Government requirements will be reevaluated periodically during the performance of the contract at intervals of no more than one year. Upon completion of the review, the parties may renegotiate the SLAs or weights. Upon completion of the negotiations, the revised SLAs and weights will be incorporated into the contract by a supplemental agreement.

Example 1 - Failure to achieve Minimum Acceptable SLA performance levels for two consecutive months (CPIF CLINs).

CPIF CLIN 1001 has a Target Cost of $1,000,000 and a Target Fee of $100,000 and CPIF CLIN 1002 has a Target Cost of $500,000 and a Target Fee of $50,000. The contractor fails to achieve Minimum Acceptable SLA performance levels related to CLINs 1001 and 1002 in two consecutive months. The Government will withhold $15,000 of Fee from CLIN 1001 and $7,500 of Fee from CLIN 1002.

Example 2 - Failure to achieve Minimum Acceptable SLA performance levels for three consecutive months and four total months (CPIF CLINs).

CPIF CLIN 1001 has a Target Cost of $1,000,000 and a Target Fee of $100,000 and CPIF CLIN 1002 has a Target Cost of $500,000 and a Target Fee of $50,000. The contractor fails to achieve Minimum Acceptable SLA performance levels related to CLINs 1001 and 1002 in three consecutive months and a total of four months. If the CO elects to continue performance and reduce the Target Fee, the Target Fee for CLIN 1001 will be reduced by $8,000 and the Target Fee for CLIN 1001 will be reduced by $4,000.

Example 3 - Failure to achieve Minimum Acceptable SLA performance levels for two consecutive months (FFP CLINs).

FFP CLIN 1003 has an unit price of $10 and the Government has ordered IT Service Desk Operation (Bronze) for 50,000 users for a projected cost of $500,000 per month. FFP CLIN 1004 has an unit price of $50 and the Government has ordered upgraded IT Service Desk Operation (Silver) under this CLIN for 1,000 users for a projected cost of $50,000 per month. FFP CLIN 1005 has an unit price of $100 and the Government has ordered upgraded IT Service Desk Operation (Gold) under this CLIN for 200 users for a projected cost of $20,000 per month. The contractor fails to achieve Minimum Acceptable SLA performance levels on a SLA related to CLINs 1003, 1004 and 1005 for two consecutive months. The Government will withhold $1.50 unit price from CLIN 1003

(total $75,000 per month), $7.50 unit price from CLIN 1004 (total $7,000 per month), and $15.00 unit price of CLIN 1005 (total $3,000 per month).

Example 4 - Failure to achieve Minimum Acceptable SLA performance levels on two SLAs for three consecutive months and four total months (FFP CLINs).

FFP CLIN 1003 has a unit price of $10 and the Government has ordered IT Service Desk Operation (Bronze) for 50,000 users for a projected cost of $500,000 per month. FFP CLIN 1004 has an unit price of $50 and the Government has ordered upgraded IT Service Desk Operation (Silver) under this CLIN for 1,000 users for a projected cost of $50,000 per month. FFP CLIN 1005 has a unit price of $100 and the Government has ordered upgraded IT Service Desk Operation (Gold) for 200 users for a projected cost of $20,000 per month. The contractor fails to achieve Minimum Acceptable SLA performance levels on two SLAs related to CLINs 1003, 1004 and 1005 in three consecutive months and a total of four months during an evaluation period. If the CO elects to continue performance and reduce the unit price, the unit price for CLIN 1003 will be reduced by $1.00 (total $50,000 per month), the unit price for CLIN 1004 will be reduced by $5.00 (total $5,000 per month), and the unit price for CLIN 1005 will be reduced by $10.00 (total $2,000 per month).

H.8 CREDIT FOR ABILITYONE

Although there are no mandatory contractual requirements to subcontract to AbilityOne firms, the Government is offering an incentive to encourage the prime contractor to provide subcontracting opportunities to AbilityOne. For each percentage point or fraction thereof subcontracted to an AbilityOne firm, the prime contractor shall receive a corresponding 2 for 1 credit towards their total Small Business goal for the next reporting period. For example, if AbilityOne receives 1% of the total subcontracted dollars under this contract during the base period of the contract, then the prime contractor will receive 2% credit towards their total subcontracting goal.

H.9 ASSOCIATE CONTRACTORS

The contractor shall enter into Associate Contractor Agreements (ACAs) for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement, in particular those services listed in Attachment entitled Performance Work Statement (PWS), USSOCOM Information Technology Service Management (ITSM). The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the USSOCOM Special Operations Forces Information Environment (SIE), which shall ensure the greatest degree of cooperation for the development of the Information Technology Management Office (ITMO) to meet the terms of the contract. The ACAs shall also facilitate collaboration, communication, and coordination to ensure attainment of the ITMO’s objectives. ACAs shall include the following general information:

1. Identification of the associate contractors and their relationships.

2. Identification of the services involved and the relevant Government contracts of the associate contractors.

3. Description of the associate contractor interfaces by general subject matter.

4. Specification of the categories of information to be exchanged or support to be provided.

5. Expiration date (or event) of the ACA.

6. Identification of potential conflicts between relevant Government contracts and the ACA

7. Agreements on protection of proprietary data and restrictions on employees.

A copy of each ACA agreement shall be provided to the Contracting Officer (CO) for review before execution of the document by the cooperating contractors. 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.

Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government. All costs associated with the agreements are included in the negotiated cost of this contract.

H.10 JCC-I/A 952.222-0001

JCC-I/A CLAUSE 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE

LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASS PORTS (Aug 2009)

(a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

(b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

(2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language that defines the terms of their employment/compensation.

(3) Contractors shall not utilize unlicensed recruiting firms, or firms that charge illegal recruiting fees.

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee.

Upon contractor’s written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

(5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process.

(6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements, including requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

(End)

H.11 H. 11 Organizational Conflict Of Interest and Protecting and Handling Proprietary Information

Organizational Conflict of Interest (OCI)

(a) The work to be performed by the contractor under this contract is of such a nature that it will create an OCI as contemplated and defined by Subpart 9.5 of the Federal Acquisition Regulation (FAR). The contractor (as defined in paragraph (c) below) shall not engage in contract activities which may impair its ability to render unbiased advice and recommendations, or in which it may gain an unfair competitive advantage as a result of the knowledge, information and experience gained during the performance of this contract.

(b) The contractor and its subcontractors shall be ineligible for award of contracts or subcontracts for USSOCOM Information Technology Enterprise Contracts (SITEC) Data Center Services, Distributed Computing Services, Enterprise Network Services, Application Management Services, Specialty Services, and C4I Production Services- TACLAN in support of the United States Special Operations Command.

(c) The term “contractor” herein used means:

(1) The organization entering into this contract with the Government;

(2) All business organizations with which it merges, joins or affiliates, now or in the future, and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of;

(3) Its parent organization (if any), and any of its present or future affiliates, associates, affiliates; and,

(4) Any organization or enterprise over which it has direct or indirect control (now or in the future).

(5) Subcontractors at any tier.

(d) “Affiliates” means concerns and entities where one controls or has the power to control the other, or a third party or parties’ controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.

(e) Government representatives shall have access to the contractor's premises and the right to inspect all pertinent books and records in order to insure that the contractor is in compliance with Subpart 9.5 of the FAR and this provision.

(f) If the contractor, after award, discovers a potential OCI, 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 the conflict.

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

Protecting and Handling Proprietary Information

(a) During contract performance the contractor may, either directly or through the Government, receive proprietary technical data and computer software (hereafter “proprietary information”) of other contractors. The contractor shall protect such proprietary information with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. Proprietary information shall not be duplicated, used or disclosed in whole or in part, without prior written permission of the Government, for any purpose other than to perform this contract. This restriction does not limit the contractor's right to use, duplicate or disclose such information if such information was lawfully obtained by the contractor from other sources.

(b) The contractor shall enter into written agreements with all companies whose proprietary information it receives.

In addition, the contractor shall obtain individual non-disclosure agreements from all employees who have access to such data. The contractor shall furnish to the Contracting Officer (CO) copies of these written agreements.

(c) The contractor shall include this provision, including this paragraph, in subcontracts of any tier which involve access to information covered in paragraph (a) above.