Draft RFP H92222-10-R-0046 App Mgt 29 Sep 10.pdf

CODE

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PAGE(S)

until local time

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A X B X C X D

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G F 49 - 56

57 - 65 X H 66 - 69 gary.salava@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 69

(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)

GARY SALAVA (813) 282-8795 EXT 6121

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

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 10 - 22 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

23 - 47

PART II - CONTRACT CLAUSES

HQ USSOCOM SORDAC-K

ATTN: GARY SALAVA

205 S HOOVER BLVD

TAMPA FL 33609 (813)282-8795 EXT 6121

(813) 286-2264FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

SITECAPPMGT

5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H92222-10-R-0046

Section B - Supplies or Services and Prices

B.1CONTRACT MAXIMUM AND MINIMUM

The contract minimum as defined in 52.216-22 for this contract is $2,500.00. The contract maximum is $65,000,000.00.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED

FFP Task Orders

FFP

The contractor shall provide Application Management in accordance with individual task orders and Section J Performance Work Statement United States Special Operations Command (USSOCOM) Application Mamagement. Orders shall be in accordance with Section H clause H.6 entitled "Procedures for Issuing Task/Delivery Orders."

FOB: Destination

PURCHASE REQUEST NUMBER: SITECAPPMGT

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED

CPFF Task Orders

CPFF

The contractor shall provide Application Management in accordance with individual task orders and Section J Performance Work Statement United States Special Operations Command (USSOCOM) Application Management. Orders shall be in accordance with Section H clause H.6 entitled "Procedures for Issuing Task/Delivery Orders."

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED

Cost Reimbursable Travel

COST

Travel as required in accordance with individual task orders and Section J Performance Work Statement United States Special Operations Command (USSOCOM) Application Management. Orders shall be in accordance with Section H clause H.6 entitled "Procedures for Issuing Task/Delivery Orders."

MAX COST

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY A ND 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

$2,500

$12,000,000

$2,500

$44,000,000

$0

$9,000,000

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See Attachment entitled USSOCOM Application Management SOW.

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

1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

1001 POP 01-JAN-2011 TO

31-MAR-2016

N/A N/A

1002 POP 01-JAN-2011 TO

31-MAR-2016

1003 POP 01-JAN-2011 TO

31-MAR-2016

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

5652.216-9000 Fixed Fee Information (2003)

Subject to the requirements of FAR 52.216-8 and all other withholding requirements of this contract, the fixed fee stated in Section B shall be paid to the contractor at the same percentage rate as the percentage of incurred and allowable costs proportionate to the total estimated cost.

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 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

General. This contract is designed to meet the wide and varied needs of USSOCOM. As such, FFP and CPFF types of task orders may be awarded hereunder. The Government will determine the most appropriate task order contract type for each effort. The Government may unilaterally deviate from these procedures at any time as required. The Government intends to award initial contract solicitation task orders based on task proposals submitted with the contract proposal shortly after the prime awards are made and further discussions are not anticipated for these initial awards. The basis of award of the initial RFP task orders will be in accordance with H.6.3 and based only on the CPFF contract type. The Contractor shall normally have 25 calendar days to submit their proposals, unless

a) a longer timeframe is specified in the request for task order proposal;

b) it is an urgent requirement as addressed below in H.6.1; or

c) the Government determines that the task order does not require a 25 calendar day time period to submit a valid proposal. Accordingly, the amount of time for proposal submission will be calendar 25 days for each task order unless so identified in the instructions to offerors (ITOs).

Except for proposals submitted in response to the Request for Proposal, contractors may submit an alternative contract type in proposals submitted in response to ITOs. The Contractor shall fully explain the terms and conditions, as well as price benefits to the Government, in its alternate proposal. The Government may or may not consider the alternate approach. The Contractor shall perform in accordance with the awarded task order including all terms and conditions of the basic contract and any additional specific information awarded at the task order level.

Task orders may include option year periods. The process for exercising task order options are included below under task order procedures.

H. 6.1 Government Requests for Task Order Proposals Content and Transmission. When the Government has a requirement for work to be performed, the Contracting Officer will issue an Invitation to Offer (ITO). The ITO will include:

(1) Statement of Objectives or other document that describes the Government’s requirements;

(2) the desired performance period, and;

(3) any other information considered to be of assistance to the Contractor in preparing a proposal.

The ITO may be written or oral, and may be transmitted by any means including the mail, Internet, e-mail, telephone, or face-to-face. The standard method of transmission, however, shall be e-mail, via Internet in writing unless otherwise requested by the Contracting Officer. The task order ITO shall not obligate the Government to issue task orders under this contract, nor shall it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor’s receipt of an authorized Notice to Proceed or issuance of formal task order DD 1155.

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.

H.6.2 Submission of Task order Proposals Standard Requirements. Contractors shall submit a proposal for every requirement solicited without conflict unless granted a waiver in advance by the Contracting Officer. If the Contractor has reason to request a waiver, but is not granted a waiver by the Contracting Officer in advance, the Contractor shall submit a detailed statement of reason for a waiver to the Contracting Officer within 2 days of task order RFP receipt.

Proposal Content. Proposals shall normally consist of a task order technical/management proposal, a pricing proposal, and a Proposed Performance Work Statement (PWS). If a subject matter expert, specialist, or technical expert is proposed in order to provide services under the task order, a resume shall be provided in the technical/management proposal. Additionally, ITOs may specifically require the submission of certain resumes.

Proposals will be reviewed by the Government and used as a basis for any required negotiations or discussions and the subsequent issuance of a task order. All task order proposals shall contain any and all information required to conduct an overall task order evaluation, including all details related to price or cost as applicable. Unless otherwise specified in the RFP, proposals shall contain the overall proposed approach to meeting the details of the SOO, including a proposed Performance Work Statement with performance metrics and pricing information described below. Though past performance on current task orders by each offeror will be considered in the overall evaluation of new competitive task orders, no past performance information will be required as a submission by the offerors at the task order level. During the initial task order evaluations, since current task order past performance has not yet been demonstrated, all prime offerors will be given a neutral rating.

Task Order Technical/Management Proposals shall contain the following information:

• An overall discussion of the Contractor’s Task Order Management approach (technical and management information as required) to meet the proposed PWS solution including performance measurements and exit criteria for task order completion. The Contractor shall demonstrate the offerors understanding of the task to be performed. The proposal shall include at a minimum the labor categories/skill levels required, labor hours per category, and basis for the proposed hours which were utilized to develop the Offeror’s price offer.

• The place of performance associated with proposed solution. If the Government provides information that indicates that they desire the work to be performed on site, but the Contractor can provide an alternative solution off-site, the Contractors shall address risk mitigation information to deliver the services required in the proper environment to protect and share data as required.

• Travel. Offerors shall provide the basis of estimate for any travel costs included in the price proposal. In addition, the offeror shall identify any unique Government furnished property/materials/data required for performance if not already identified in the ITO.

• Innovation. Offerors shall provide a clear explanation regarding proposed innovative approaches being recommended to the Government to improve productivity/ efficiency to include a discussion of how the approach meets/exceeds the Performance Based Service Contract requirements and proposes measurable deliverables that benefit the Government.

If specific subject matter expertise/Key Personnel are required to meet the Government requirement, this information shall be provided by the government at the task order level, the Offerors shall then also provide:

• Proposed personnel individual’s qualification summaries/certifications/resume

• Rationale for the personnel, knowledge and skill levels proposed

Performance Work Statement. When requested by the Government, offerors shall propose a PWS. The PWS shall be performance-based IAW FAR 37.602 to the maximum extent practical for the requirement. Offerors will include the task order SDS table from the SOO in all PWS submissions. The SDS performance metrics/thresholds will be completed by each contractor for each task order. Contractors may also add or provide explanation for deletion of metrics/SDS items for consideration that are applicable to that specific task order. The proposed performance standards establish the performance level required by the Government to meet the contract requirements. The standards shall be measurable and structured to permit an assessment of the contractor’s performance. The Government will evaluate the Contractors proposed performance standards in response to a SOO to determine if they meet the Government’s needs.

Cost/Price Each price proposal should clearly indicate the appropriate Section B CLIN. If the Government directs the use of the cost reimbursable travel CLIN in the ITO, then all travel costs will be proposed separately. ITOs for each task order will inform offerors of the contract type required.

FFP Task Orders: The Offerors are to provide a total price for each FFP task order. Price shall be inclusive of all direct (i.e., direct labor and ODC) and associated indirect costs plus fee related to the task order.

Proposed price shall be identified by base and option periods, if applicable.

Cost Task Orders: The Offerors shall provide information other than cost or pricing data. The Contractor shall show a clear buildup of all direct and indirect costs being proposed. The contractor shall provide sufficient detail for the contracting officer determine that the offeror’s pricing is responsible IAW FAR 9.5 and consistent with its accounting practices. Proposed indirect rates and direct labor rates shall be based upon the contractor FPRA unless approval is obtained from the Contracting Officer to use alternate rates.

H.6.3 Government Evaluation of Task Order Proposals Upon receipt of the proposals, the Contracting Officer and the requiring activity will analyze the proposals and, if acceptable, issue a task order to the contractor whose offer provides the best value to the Government as described in the ITO.

Negotiations or discussions may be conducted prior to issuance of any task order. The standard evaluation criteria for task orders will include technical approach as detailed in the PWS (if required) and approach to meeting PWS (management proposal), proposed cost/price (basic and all option years) and past performance (Application Management task orders), unless other criteria is specifically stated in the ITO.

Upon receipt of the proposal(s), the Contracting Officer may:

• Open discussions or negotiate with all or some contractors providing proposals

• issue a task order based upon the original proposal(s) furnished;

• reject the proposal(s); or

• cancel the requirement.

Task orders shall be issued on DD Form 1155 "Order for Supplies and Services;" (or similar form) and sent electronically to the contractor. Task order shall be consecutively numbered, dated and shall include supporting documents as applicable. If no offer is determined acceptable or the Government cancels the requirement, the Government will notify all Offerors of the cancellation.

Deviation H.6.3: Following contract award(s) the Government will determine the best value of the initial task orders, based on the task order proposals and discussions conducted (if conducted) during the overall contract source selection. For each task order, Technical approach, and Task order Management are significantly more important than cost/price.

H.6.4 Authorization to Proceed on Task Orders In time-critical circumstances, after award and prior to the Contractor’s receipt of the contractual instrument, the Contracting Officer may direct the Contractor to commence performance of the task in writing, verbally, or electronically. In no case shall the Contractor commence work without explicit approval from the Contracting Officer.

H.6.5 Option exercises at Task order level will be accomplished in accordance with FAR subpart 17.207 and Section H of this contract. Task order option periods will be outlined in each task order ITO.

H.6.6 Task Order Completion Within ninety (90) days after the completion of task orders, an authorized representative of the contractor shall certify in writing to the Contracting Officer that the task order is completely billed, remaining dollars of said amount can be de-obligated (if applicable) and all deliverables have been received and accepted by the Government. This information will be used as part of the final required documentation for contract closeout. The final closeout proposal shall include itemized Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per task order. This clause applies to all task order types, with the exception of final billing for cost type task orders.

H.7 TASK ORDER OMSBUDSMAN

The Task Order Ombudsman is responsible for reviewing complaints regarding this ID/IQ Task Order contract. The Ombudsman shall review complaints from the contractors and ensure all contractors are afforded a fair opportunity to be considered, consistent with the procedures of the contract. The SOCOM Ombudsman is assigned in accordance with SOFARS 5616.506.

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. Visit www.AbilityOne.org for more details.

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 Application Management. 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 CONTRACTOR SUPPORT IN WAR

The Government may direct the contractor to perform in support of a war, contingency, or exercise, as provided by law or defined by the applicable Service Component Command. Additionally, the Contractor shall be responsible for performing all functions of this contract during any declaration by the United States or any of the countries listed below, of a state of emergency, or during internal strife, rioting, civil disturbances, or perils of any other type until released by the Contracting Officer. Contractor personnel under this contract are considered emergency essential civilians (EEC) unless designated otherwise by the Contracting Officer.

The contract will primarily be performed in the United States. There may be performance throughout Europe and East Asia. A few trips to Southwest Asia and CENTCOM Area of Responsibility may be required.

H.11 Organizational Conflict of Interest (OCI) and Protecting and Handling Proprietary Information

(a) The work to be performed by the contractor under this contract is of such a nature that it may 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) Reserved.

(c) Prior to subcontracting work under this contract the contractor shall determine if the proposed subcontractor is performing work under other SITEC unit-based service areas. If it is determined that the proposed subcontractor is performing work the contractor shall submit a mitigation plan for Contracting Officer (CO) review and approval prior to awarding a subcontract.

(d) 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.

(e) “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.

(f) 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.

(g) If the contractor, after award, discovers a potential OCI, a prompt and full disclosure shall be made in writing to the CO. This disclosure shall include a description of the actions the contractor has taken or proposes to take to avoid or mitigate the conflict.

(h) 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 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. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "contractor" wherever the latter appears.

H.12 DIRECT SUPPORT LIMITATION

In the course of business, situations may arise where Government facilities may not be available for performance of the task order requirements (i.e., base closure due to weather, Force Protection conditions, etc.) and in these cases contract clause 5652.216-9005 applies. There may also be occasions when Government support contractors are invited to participate in morale and recreational activities (i.e., holiday parties and barbeques, door decorating, golf outings, command runs, fitness activities, sports days and other various social events). Under these circumstances, when labor hours are being billed, these hours may not be directly charged to this contract and contractor employees must comply with individual company policy that is in accordance with that company’s compensation system. In accordance with FAR 37.104(b) personal service contracts are prohibited. The Government does not have an employer/employee relationship with contractor employees and therefore is not authorized to grant administrative leave or expend Government resources to compensate contractor employees for hours expended on activities not included in the PWS.

H.13 FAIR OPPORTUNITY EXCEPTIONS

IAW FAR 16.505, Ordering, all multiple award Contractors shall be provided a fair opportunity to be considered for each order in excess of $3,000 pursuant to the procedures established in this section, unless the contracting officer determines that:

• The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such Contractors would result in unacceptable delays;

• Only one such Contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized; or

• The task/delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued order under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or

• It is necessary to place an order to satisfy a minimum guarantee.

It is the Government’s intent to ensure Fair Opportunity by focusing on task order level competition and robust subcontracting opportunities to the fullest extent possible in order to accomplish the Commander’s goals providing the highest quality services at the most fair and reasonable prices throughout the entire contract period of performance.

JCC-I/A CLAUSE 952.225-0004 COMPLIANCE WITH LAWS AN D REGULATIONS (JAN 2010)

(a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps operations and fragmentary orders, instructions, policies and directives.

(b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault. Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures.

(c) Contractor employees may be ordered removed from secure military installations or the theater of operations by order of the senior military commander of the battle space for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee.

(d) Contractor employees performing in the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements.

(e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement within the AOR or administratively attached to a military command pending resolution of a criminal investigation.

(f) Contractors shall immediately notify military law enforcement and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the senior U.S. commander in the country.

(End)

5652.204-9003 Disclosure of Unclassified Information (2007)

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 propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

c. The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

d. 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, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

(end of clause)

5652.245-9001 Schedule of Government-Furnished Material (2001)

The Government will furnish material in accordance with the Government Furnished Property clause of the contract for use in the performance of this contract. The contractors will be furnished office equipment (computers, desks, facsimile machines, copy machines, telephones) for contractor personnel performing under the contract in Government facilities.

(end of clause)

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)

JCC-I/A CLAUSE 952.223-0001

Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number Contract Description & Location Company Name Reporting party:

Name Phone number e-mail address Victim:

Name Gender (Male/Female) Age Nationality Country of permanent residence Incident:

Description Location Date and time Other Pertinent Information

JCC-I/A CLAUSE 952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE

LIMITATIONS (APR 2010)

(a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy for multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15 months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

(b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protective’s and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery;

new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke;

Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations;

unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 10 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Annex Q to USF-I OPORD 10-01, FRAGO 897 to CJTF-82 OPORD 07-03, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR).

(c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

(d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized.

(e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. In accordance with OUSD(C) Memorandum dated 4 June 2008, the following reimbursement rates will be charged for services at all DoD deployed medical facilities. These rates are in effect until changed by DoD direction.

(1) Inpatient daily rate: $2,041.00. Date of discharge is not billed unless the patient is admitted to the hospital and discharged the same day.

(2) Outpatient visit rate: $195.00. This includes diagnostic imaging, laboratory, pathology, and pharmacy provided at the medical facility.

JCC-I/A CLAUSE 952.225-0005 MONTHLY CONTRACTOR CENSUS REPORTING (MAR 2009)

Con…