DRAFT_H92222-14-R-0019_SWMS_Group_C.doc

Section B - Supplies or Services and Prices

UNDEFINED

SWMS Group C

FFP

1. The Contractor shall provide the required services as outlined in the requirements document identified for individual Task Orders.

2. X001 Series CLINS are Firm Fixed Price.

3. The ordering period for this CLIN series shall be five (5) years from the date of award.

4. The Period of Performance for service under this CLIN shall be identified at the Task Order level.

FOB: Destination

MAX

NET AMT

UNDEFINED

SWMS Group C

CPFF

1. The Contractor shall provide the required services as outlined in the requirements document identified for individual Task Orders.

2. X002 Series CLINS are CPFF. Individual Task Orders will be negotiated on a Cost Plus Fixed Fee (CPFF) basis. The maximum fixed fee shall be established at the basic contract award. The fee shall not exceed 10 percent of the contracts estimated cost, excluding fee (FAR 15.404-4).

3. The ordering period for this CLIN series shall be five (5) years from the date of award.

4. The Period of Performance for service under this CLIN shall be identified at the Task Order level.

FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

IDIQ CONTRACT VALUE

The maximum contract value for all orders issued against this contract shall not exceed $70,000,000.00 over the five-year ordering period.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$70,000,000.00

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

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SOCOM Wide Mission Support (SWMS) Group C

Statement of Work (SOW)

1. Background:

The requirements specified in this SOW support the U.S. Special Operations Command (USSOCOM), which oversees the training, doctrine, and equipping of all U.S. Special Operations Forces (SOF) units.

2. Contracting Objectives: The objectives of this contract are to:

2.1. Infuse skill sets and scope that supports the customer

2.2. Retain and build on existing acquisition efficiencies, speed, and flexibilities

2.3. Measure and incentivize superior contractor performance

2.4. Strengthen government-contractor partnerships

2.5. Enhance “services spend” visibility and management discipline

3. General:

3.1. The Contractor shall meet all requirements and responsibilities in support of USSOCOM as outlined in this SOW and all subsequent task orders.

3.2. The Contractor shall ensure quality work performance in accordance with applicable standards and guidelines of this SOW and all subsequent task orders.

3.3. The Contractor shall perform to the standards of this SOW and all subsequent task orders in an environmentally acceptable and safe manner that is consistent with Federal, State, and Local laws as well as applicable Federal government, Department of Defense, USSOCOM, and any other applicable policies, regulations and instructions.

3.4. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to perform the services, unless otherwise specified in an individual task order, and provide support to the customer.

4. Scope of Support:

4.1. General: This SOW furnishes services which otherwise have the potential to create an actual or perceived Organizational Conflict of Interest (OCI). The purpose of contracting for the services contained in this SOW is to avoid, neutralize, or mitigate OCI related to acquisition, resourcing, and requirement development. The OCI concerns are predominantly acute for services that support elements of SORDAC, J4, and J8 and potentially elsewhere in the USSOCOM enterprise, administrative services supporting SORDAC, and the USSOCOM PPBE process. The services described in this SOW are for the purpose of supporting requirements at the task order level where the contractor may:

4.1.1. be engaged in requirements generation, requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, or statement of work preparation

4.1.2. be provided with information gained during the performance of a task order under this contract that, if used, would result in unfair competitive advantage when competing for a future requirement

4.1.3. perform technical evaluation of contractor proposals and/or products or services or provide advisory services in relation thereto

4.1.4. support the government’s evaluation of other contractor’s services, products, or performance

4.2. The scope of this SOW is defined as follows:

4.2.1. Engineering and Technical Services: These services entail supporting a PEO throughout the Acquisition Cycle. These services include: providing engineering to support major weapon systems programs, providing program technical assistance, providing support to acquisition milestone decisions, aiding with establishing acquisition objectives and aid with determining systems requirements, assisting with production decisions and program and management controls leading to achieving system and program objectives. The following is a representative sampling, not an all-inclusive listing of the Engineering and Technical Services tasks and is provided to assist with planning for and supporting these services:

4.2.1.1. Requirements Generation and Documentation Support. The Contractor may be required to support the collection and analysis of SOF requirements. Requirements generation and documentation support may be required to be provided in accordance with a PEO’s priority, established time lines, and process definition. The Contractor may be required to provide feedback or critiques that will enhance the requirements generation and documentation support process.

4.2.1.2. Engineering Documentation Support: The Contractor may be required to provide support for technical reviews, editing, and word processing of engineering documentation to include, but not limited to, video/tape, both analog and digital, Computer-Aided Design/Computer- Aided Manufacturing (CAD/CAM) drawings, and paper drawings of various sizes. Applicable documents include, but are not limited to, engineering drawings, draft specifications, technical reports, design documentation and diagrams.

4.2.1.3. Technical Documentation Development: The Contractor may be required to develop, improve or modify designs, standards, specifications, methods, solutions, models, applications, systems, configurations, agents, formulas, practices, processes.

4.2.1.4. Technical Analysis/Evaluation: The Contractor may be required to analyze, review, demonstrate, evaluate, validate, and test various designs, methods, materials, discoveries, agents, formulas, models, applications, systems, tools, surveys, configurations, practices, processes, or other technologies.

4.2.1.5. Data Management Support: Contractor may be required to support the development of data management portions of acquisition documentation; track and report acquisition data delivery status; attend and participate at pre- and post-award data and program reviews and provide findings and recommendations; submit data accession lists of all internally generated documents developed in the performance of this contract, and develop and maintain paper and automated archival systems of all documentation.

4.2.1.6. Plans and Frameworks: The Contractor may be required to support government activities to develop and/or modify plans, architectures, frameworks, protocols, tactics, policies, procedures, manuals, guides, or strategies.

4.2.1.7. Research and Analysis: The Contractor may be required to perform and document assessments, analyses, studies, reports, reviews, estimates, surveys, or investigations in support of government led activities.

4.2.1.8. Operations and Support Development Analysis: The Contractor may be required to provide analysis of operations and support activities. This may include analysis of current processes and procedures to develop recommendations for potential improvements, and implementation of those improvements.

4.2.1.9. Subject Matter Expertise: The Contractor may be required to provide subject matter expertise and consultants as needed.

4.2.1.10. Technical Conferences and Meetings: The Contractor may be required to organize, facilitate, or participate in conferences, forums, symposia, events, and meetings. Services provided may include an analysis component. The Contractor shall be engaged in developing content for the conference/meeting and not simply supply administrative hosting support. The contractor shall not represent or make decisions on behalf of the government while attending meetings or at any other time, as these activities are considered to be inherently governmental functions.

4.2.1.11. Systems Engineering Support. The Contractor may be required to assist with providing systems engineering and technical management support to USSOCOM acquisition programs and projects.

4.2.1.12. Test and Evaluation (T&E) Support. The Contractor may be required to provide assistance and support for all levels of Government test and evaluation activities. Support may include but is not limited to:

· test planning to include development of draft test plans and procedures, preparation of Test & Evaluation Master Plans (TEMPs) and other T&E segments of acquisition documentation

· attendance at or conduct of testing activities to include physical testing, engineering performance analyses

· evaluation of measures of effectiveness, engineering performance predictions and trade-off studies

· test analysis to include evaluation of test plans, collection and analysis of test data during developmental and operational testing, drafting of test and evaluation reports

· test support activities to include maintenance of test facility site designs and coordination of supporting activities and equipment to support joint interoperability and other testing, etc.

· testing and corrective action on physical structures of national security interest deemed necessary for protection during National Security Scenario Events

4.2.1.13. Cost Estimating Support: the Contractor may be required to support USSOCOM by providing Cost Estimating Support. This includes, but is not limited to, conducting cost analysis using cost models in evaluating total program costs throughout the life of the acquisition program; conducting independent reviews of Service Cost position and advising USSOCOM points of contact of any cost issues; developing independent cost estimate (ICE) for Acquisition Category (ACAT) ID programs; and review of possible environmental impact.

4.2.2. Management Support Services: involves providing advice and assistance with the management and operation of an organization that is closely associated with the basic responsibilities and mission of an organization. Included in these services are strategic planning, accounting, auditing, and financial activities. The following is a representative sampling, not an all-inclusive listing of the Management Services tasks and is provided to assist with planning for and supporting these services:

4.2.2.1. Force Structuring. The Contractor may be required to develop new and modify existing models, to support force structuring in support of the Joint Mission Analysis (JMA) aspect of the USSOCOM Strategic Planning Process. The Contractor may be required to provide analytical support to USSOCOM JMA Subject Matter Experts for the JMA input and analysis cycle.

4.2.2.2. Readiness Planning and Reporting. The Contractor may be required to provide support in the areas of planning, directing, assessing, and reporting the readiness of SOF world-wide deployed forces, to include special operations support to the Geographic Combatant Commanders, Component Commands, Ambassadors, Country Teams, and SOF personnel assigned to or working with various Governmental and non-Governmental agencies and partner nations. Typical support efforts are: coordination, data collection, query development, analysis, reporting and monitoring related to current and future SOF readiness indicators and trends. Support may be required to compile, collect, maintain, analyze, perform trend analysis or other types of analyses, and present data.

4.2.2.3. Strategic and Operational Planning: The Contractor may be required to perform mission support assignments and planning actions required to address SOF unique problems, assist with developing and presenting ideas and solutions that support creative and alternative business methods and practices. Activities may include:

· developing strategic studies and analysis

· creating recommendations for USSOCOM strategic planning

· providing advice, analyses, and assistance involving capability assessments and transformation initiatives involving aspects of the USSOCOM mission such as Irregular Warfare techniques and experimentation/assessments

· creating decision matrix visualization tools

· employing cognitive modeling techniques

· developing advanced scheduling approaches

· supporting activities associated with the USSOCOM Commander’s strategic planning

4.2.2.4. Creative Business Method/Practices: The Contractor may be required to provide expertise to assist with developing and presenting ideas and solutions to support implementation of creative, alternative HQ business methods/practices. The support includes identifying, reviewing, and assessing current and projected communications practices, methodologies, and other capabilities to enhance communication and collaboration across the USSOCOM enterprise.

4.2.2.5. Planning, Programming, Budgeting, and Execution (PPBE) process: The Contractor may be required to assist USSOCOM with developing recommendations for allocating USSOCOM resources; reexamining prior allocation decisions in light of changes to the environment, such as evolving threat, changing economic conditions, etc.; and assist with developing recommendations for optimizing SOF, SOF equipment, and SOF support within established fiscal constraints.

4.2.2.6. Acquisition Support. The Contactor may be required to assist in providing PEOs with acquisition support. Acquisition support may include, but is not be limited to:

· daily program or project execution,

· program/project status reporting and information flow,

· preparation for and participation in program management, execution, and technical reviews,

· analysis and evaluation of program/project progress and status based on Earned Value Management System (EVMS) information, technical and programmatic reviews, etc.

· development of required acquisition documentation and briefing material.

· implementation and execution of standard SOF acquisition and logistics processes as well as expedited processes, such as the Combat Mission Needs Statement/Urgent Deployment Acquisition (CMNS/UDA) and combat development.

4.2.2.7. Financial Management: The Contractor may be required to provide subject matter experts to support the development of analytic processes and tools, and provide technical support to develop content for documents associated with Joint Mission Analysis as part of the Command’s Strategic Planning Process. Service may also include assisting with improving financial performance against established DoD and USSOCOM financial performance benchmarks, regulations, directives, and standard operating procedures; improving financial stewardship by strengthening internal controls; and striving for continuous improvements to financial operations. Additionally, the Contractor may be required to assist with developing policy and standard operating procedures for accounting and finance, programming, budgeting, execution, and financial management; conduct cost and financial analysis; provide financial policy interpretation; and develop cost estimates. The duties include general accounting, cost accounting, budgeting and forecasting, accounting methods and procedures, and internal auditing. This may include regular reports, formal briefings and ad-hoc reports on execution performance in terms of obligations and expenditures against appropriate metrics, special reports, and analysis.

4.2.2.8. Procurement Policy, Instruction Letters, Directives and Reporting Support: The Contractor may be required to provide support in the areas of acquisition and contracting/procurement information to the Department of Defense through the Federal Procurement Data System, Next Generation (FPDS-NG), instruction and training on Standard Procurement System (SPS), contract closeout support and entry level contract specialist tasks and other systems as required.

4.2.2.9. Contracting Related Functions: The Contractor may be required to provide business advice to perform all contracting functions using a wide range of contracting methods and types and to procure complex and/or diversified Special Operations Forces-unique systems, equipment, and services. These services may entail market research, acquisition planning, contract performance management, and interpretation of contract law in order to provide the procurement of SOF-unique systems, equipment, and services, in support of USSOCOM Headquarters, Components, TSOCs, and JSOC.

4.2.2.10. Proposal Review: The Contractor may be required to assist with proposal review, technical analysis and documentation, contract administration support, knowledge management, and acquisition process improvement.

4.2.3. Administrative and Other Services: These services involve creating, revising or maintaining administrative workflows and procedures to make USSOCOM more efficient, performing administrative duties to support senior leadership, using information technology tools to research, collect, collate, analyze, and report data, and performing multifaceted general office support. The following is a representative sampling, not an all-inclusive listing of the Administrative and Other Services tasks and is provided to assist with planning for and supporting these services:

4.2.3.1. Position and Concept Papers. The Contractor may be required to apply strong computer and internet research skills to research and compile material from a multitude of different sources and develop specific, new, updated position papers and concept papers covering a variety of issues.

4.2.3.2. Reports. The Contractor may be required to prepare reports on issues discussed during meetings, conferences, or other forums conducted by the Government with other parties required to be delivered as defined at the task order level.

4.2.3.3. Independent Expert Support. The Contractor may be required to provide independent expert advisory services regarding various activities related to the operation and management of an organization. These services include, but are not limited to: decision support analysis, independent assessments, business analysis, generation and review of acquisition and strategies and other focused related topics.

4.2.3.4. Basic Office Functions: The Contractor may be required to perform basic office administrative functions, including: coordinating work with other offices; scheduling and coordinating meetings, interviews, events and other similar activities; preparing official correspondence; managing filing systems; preparing meeting minutes, meeting notes, and internal support materials; and performing other day-to-day operational matters.

5. Contract Management and Reporting:

5.1. Contract Management Requirements

5.1.1. General. The Contractor’s organization shall be established with authority and capacity to effectively accomplish the management of this Indefinite Delivery/Indefinite Quantity (IDIQ) contract and the oversight of all resultant task order requirements awarded to the Contractor. The contract management required to manage the requirements within an individual task order will be proposed at the task order level.

5.1.2. The Contractor shall manage all aspects of work associated with providing services to the Government under this contract and any associated task orders. At a minimum, the Contractor shall:

5.1.2.1. Propose to, execute, and manage a large volume of task orders effectively.

5.1.2.2. Manage contractor employees and the performance associated with all task orders.

5.1.2.3. Maintain a capable and stable workforce (recruit, retain, and replace qualified employee with appropriate security clearances), to include providing a reach-back capability as necessary.

5.1.2.4. Ensure new/replacement personnel meet or exceed the qualifications stated in the original task order proposal.

5.1.2.5. Develop and maintain a customer-oriented philosophy, create an environment that improves employee performance, solves programmatic issues, and delivers high-quality performance.

5.1.2.6. Respond timely to the requests of the Government Contracting Officer (KO), Program Manager (PM), Deputy Program Manager (DPM), the Primary Contracting Officer Representative (PCOR), and CORs of all awarded task orders.

5.1.2.7. Identify, mitigate, and manage organizational conflicts of interest and other performance risks.

5.1.2.8. Document and notify the Government of actual or potential Contractor program management problems and/or performance deficiencies. Perform corrective actions for all identified Contractor program management problems and/or deficiencies within timeframes specified by the KO.

5.1.2.9. Develop and submit all required information and deliverables in accordance with individual task order requirements and timelines.

5.1.2.10. Plan, control, monitor, and report cost, schedule, and performance metrics.

5.1.3. The Contractor shall continually monitor the cost and performance of applicable task orders awarded to the Contractor under this contract. The contractor shall immediately notify the KO of any problems noted. The Contractor shall provide any additional cost, schedule, and performance information as requested by the KO to support task order performance. The Contractor shall provide the Monthly Report information as required in Section 7 of this SOW.

5.1.4. The Contractor shall provide the technical approach and expertise, organizational resources, and management controls necessary to meet the cost, schedule, and performance requirements specified in this SOW and in any resultant task orders awarded during the of performance of this contract.

6. Reporting Requirements:

6.1.1. Contractor Manpower Reporting Application (CMRA) Reporting:

6.1.1.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the USSOCOM via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

6.1.1.2. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/

6.1.2. No later than the 10th calendar day of each month of the period of performance the contractor shall email to the KO, PCOR, and COR a Monthly Report of task order activity. If the 10th day of the month falls on a Federal holiday or a weekend, the report is due the next government business day.

6.1.3. The Monthly Report shall:

6.1.3.1. not exceed three pages in length, unless otherwise specified in a task order (attachments to report tracking of costs for cost reimbursable labor and cost reimbursable travel do not count against the three page requirement)

6.1.3.2. be submitted using Microsoft Word, Times New Roman, Font Size 12

6.1.3.3. use the following file naming convention: XXXTOXXXX Monthly Report XXXXXX, where the first three Xs are the first three letters of the company name, the next four Xs are the task order number and the last set of eight Xs are the date (MMDDYY) the report is submitted to the government.

6.1.4. The Monthly report shall contain the following:

6.1.4.1. A brief summary of the progress and accomplishments made toward achieving the requirements.

6.1.4.2. Projected major events/activities/deliverables for the next month.

6.1.4.3. Anticipated difficulties or issues with upcoming tasks and any issues on current tasks.

6.1.4.4. Recommended improvements or solutions to any noted difficulties or issues.

6.1.4.5. For Cost Reimbursable type task orders, the following applies:

6.1.4.5.1. Report funding expended, by month, a cumulative total, and if applicable, separate by subtask

6.1.4.5.2. Report the overall task order labor hours and travel broken out into the following categories: budgeted, executed (during the reporting month), cumulative total obligated, and remaining unobligated balance.

6.1.4.6. For Fixed Priced type task orders that include cost reimbursable travel, only the travel costs shall be reported and the reimbursable travel funds are to be broken out into the following categories: budgeted, executed (during the reporting month), cumulative total obligated, and remaining unobligated balance.

6.1.4.7. Monthly Full Time Equivalent (FTE) usage depicting all direct labor employed to support task order requirements. Reporting of man-months must identify whether the man-months were used at USSOCOM HQ, a Component, TSOC, or another location. A consolidated report depicting monthly FTE usage for all task order shall be provided to the KO and PCOR. This is in addition to the annual CRM reporting requirements cited in paragraph 7.1.1.

6.1.4.8. Additional monthly report requirements may be specified in an individual task order. A reduction to the requirements of this section 7.1.4 is not authorized at the task order level.

7. Service Delivery Summary

Contractor management ensures personnel meet the required security status levels, and maintain the proper security of documents and facilities

Contractor maintains a facility clearance at the appropriate level at all times.

No security violations during the period of performance

Contractor employees supporting the contract and task orders maintain personnel security clearance and meet badging requirements at all times

Contractor personnel maintain high ethical standards

Zero determinations of contractor personnel being adjudicated as having engaged in an actual conflict of interest during the period of performance

Organizational Conflicts of Interest (OCI) are avoided and mitigated appropriately

Contractor and its subcontractors have zero instances of OCI violations during the period of performance

Contractor meets Task Order Service Delivery Summary (SDS) metrics

Performance does not fall below Satisfactory for more than 5% all Task Order SDS ratings during the period of performance

improving overall contract and task order cost, schedule, or performance

Billing is accurate and timely

Invoices are input into WAWF timely and accurately

Stated deliverables are timely

No more than 5% of deliverables for all contract and Task Orders are late during the period of performance

Contractor generates savings for the customer

Contractor makes contributions during the period of performance that result in improving overall contract and task order cost

Customer complaints are resolved at the lowest level

No more than 5 formal customer complaints during the period of performance

Issues, concerns, and customer complaints are resolved at the lowest level

Contractor management takes action to resolve 100% of issues, concerns, and informal customer complaints brought to its attention within the agreed to timeframe

Contractor maintains Key Personnel

Replacement of Key Personnel meets requirements and standards of Contract Clause H.6.

Contractor turnover has minimal impact on service delivery (applies only to Staff Augmentation task orders)

Employees required to fill positions to meet a new task order requirement or to replace an employee to fill a vacancy are placed within an agreed upon timeframe

Contractor proactively corrects problems, issues, and concerns involving all of its personnel

No more than 3 recurring issues, problems, concerns reported during the period of performance

8. Contract Execution Review:

8.1. The Contractor and Government shall meet to conduct a Contract Execution Review (CER), at minimum quarterly or more frequently as needed. Attendees at the CER are to include the Contractor management, the KO, the SWMS Program Manager. Others may attend on an invited basis.

9. Security Requirements:

9.1.1. All Contractor personnel shall comply with the provisions of DoD Information Security Manual, DoDM 5200.01, Volumes 1-4.

9.1.2. The prime contractor shall possess and maintain a minimum Top Secret Facility Clearance. Specific security clearance requirements for individual task orders will be specified on a DoD Contract Security Classification Specification (DD Form 254). The contractor shall be required to safeguard information at the level specified in the DD Form 254 for this contract and the DD 254 specific to any resulting task order.

9.1.3. The Contractor shall be required to provide employees who possess the appropriate security clearance level specified for this contract and all resulting task orders. Contractor personnel supporting a task order must be cleared at the appropriate level prior to the start work for the contract and any task order. All costs incurred to acquire clearances shall be at the contractor’s expense and shall not be allowed as direct cost against this contract.

9.1.4. Individual task order requirements may require access to Special Access Program (SAP), Sensitive Compartmented Information (SCI), NATO, Foreign Government, and/or Focal Point material. At the discretion of the Government, selected individuals supporting an individual task order may require access to SAP information. Access to SAP information requires the requisite security clearance based on a security investigation with a date less than 5 years old and requires employees to undergo additional personnel security screening meeting the DoD directives and policies for accessing SAP.

9.1.5. The planned utilization of non-U.S. Citizens in task order performance must be identified by name and country of citizenship in the task order proposal. Foreign Nationals shall not be allowed access to Classified or Critical Program Information unless approved on a case-by-case basis by Defense Security Service (DSS).

9.1.6. Contractors providing onsite support, and others as designated by the KO or COR, will require access to SIPR and NIPR accounts at government facilities. Additional computer system access may be required as specified in any resulting task order. Collection and use of unclassified, unclassified but limited distribution, and classified (foreign and domestic) information in the performance of this SOW and any resulting task order is authorized as long as all security regulations and restrictions are adhered to.

9.1.7. The DSS has security inspection responsibility for Top Secret information and retains responsibility for all classified information released or developed under the contract and held within the Contractor’s facility. Guidance is appended as per the DoD Contract Security Classification Specification (DD FORM 254 Section J, Exhibit A of this contract).

9.1.8. The Contractor will be authorized to courier classified information up to the “Secret” level in performance of official duties upon approval of and designation by the officially appointed COR and in accordance with approved SOCOM and DoD security procedures.

9.1.9. In addition to normal security requirements, the Government may perform an independent security determination to potential contractor personnel both before and during employment under this contract. Authorized use of polygraph examinations will be conducted in accordance with DOD Directive 5210.48-R.

9.1.10. Contractor may not disclose any sensitive or classified information pertaining to the work performed on individual task orders to any Government agencies in proposals or in response to requests for past performance assessments.

9.1.11. The Contractor’s management system shall prevent unauthorized disclosure of classified and sensitive unclassified information. The Government shall be immediately notified if any security incident or any indication of a potential unauthorized disclosure or compromise of classified or sensitive unclassified information.

9.1.12. Personnel working offsite will require separate/distinct email domain (to be approved by Government) to support security requirements.

9.1.13. Contractor personnel are prohibited from conducting end-of-day security checks, unless specifically stated in a task order and in accordance with USSOCOM R380-9, Industrial Security Program.

9.1.14. Contractor personnel must be fully trained to perform their responsibilities before the individual(s) commence work under the contract or a task order. The contractor shall not request nor shall the government pay any training expenses of contractor personnel, except when training a unique government requirement, a government requirement, and is only available from government sources. Examples of the exceptions include, but are not limited to Defense Travel System, required USSOCOM annual computer based training, and Defense Acquisition University courses. Contractor personnel may attend government All Hands sessions, provided such attendance does not create schedule delays.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

SECTION G SPECIAL INSTRUCTIONS

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

CLAUSES INCORPORATED BY REFERENCE

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1. PROHIBITION ON COMPETING FOR USSOCOM CONTRACTS

(a) Definitions

1. The term "affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (See FAR 9.403).

2. The term USSOCOM, as used in this clause only, means: USSOCOM Headquarters, USSOCOM Components, Theater Special Operations Commands (TSOC), Joint Special Operations Command (JSOC) and any future entity USSOCOM may establish to support its mission.

(b) The Contracting Officer has determined that the subject contract involves potentially significant organizational conflicts of interest issues.

(c) The Prime contractor, its affiliates, and its subcontractor(s) are prohibited from being awarded a subsequent Prime contract with USSOCOM. Further, the Prime contractor and its subcontractor(s) are prohibited from teaming with and subcontracting to any other company that bids for or is awarded a subsequent contract with USSOCOM. These prohibitions will be in force for the full periods of performance for both the Prime contract and all task orders awarded under the Prime contract.

(d) Exception to bidding and award: the Prime contractor and its subcontractors may bid on and may be awarded a follow-on contract for the requirements cited in this contract’s Statement of Work.

(e) This clause shall be flowed down to subcontractors at any tier.

H.2. PROTECTION OF PROPRIETARY INFORMATION

(a) The Contractor's employees shall be trained and informed of Subpart 9.5 of the FAR and this contract provision, and shall execute a Contractor-Employee Personal Financial Interest/Protection of Sensitive Information Agreement as appropriate.

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

(c) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

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

(e) Government Representatives shall have access to the Contractors premises and the right to inspect all pertinent books and records in order to insure that the contractor is in compliance with FAR 9.5.

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

(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.

H.3. CONTRACTOR IDENTIFICATION AND SECURITY REQUIREMENTS

(a) The Contracting Officer (KO) intends to issue task orders that support classified programs. In order to be eligible to provide support to classified programs, prime contractors must possess a Top Secret facility clearance at time of contract award.

(b) Contractor personnel assigned to support the contact at the contract level must possess, at minimum, a Top Secret Clearance. Contractor personnel performing work under resultant tasks orders must comply with applicable program security requirements which will require personnel security clearances up to and including Top Secret at time of award. Specific task orders may also require individual personnel to have access to Sensitive Compartmented Information (SCI) or DCID 6/4 eligibility, Nuclear Command and Control (NC2), and possibly Special Access Information, such as Special Access Programs (SAP), Special Access Requirements (SAR), and Special Technical Operations (STO) clearances. Therefore, contractors must be prepared to propose on efforts requiring higher security requirements specified in any future task order.

(c) Where classified information/data is involved, the contractor shall comply with the “National Industrial Security Program Operating Manual (NISPOM)” and the DD Form 254 (Contract Security Classification Specification) that is included as an attachment in Section J.

(d) The contractor will be required to comply with all security requirements enforced by the applicable sponsoring Government agency. In accordance with DoD 5200.2-R, Personal Security Program, contractor personnel shall have as a minimum a favorable National Agency Check (NAC) completed before being permitted access to any Government automated information technology system.

(e) When directed by the KO, the contractor shall remove any employee who endangers national security. Removal shall not be a direct charge to the Government.

(f) Contractor employees shall obtain and display identification/security badges to obtain access to any Government installation and any buildings used by the contractor. Contractor employees shall wear a Government-issued badge while in Government facilities. TO obtain a Government-issued badge the contractor shall submit all required information (date of visit, name, KO, SSAN, Category (Ktr=Industry), and Clearance Information) to the Security Management Office and notify the KO that a badge request has been submitted via JPAS. For annual badge renewals or multiple person requests it is recommended that the names submitted to the SMO and KO be grouped by type of badge (i.e. picture badge or non-picture badge). Note: Only submit requests for picture badges for those contractors that will be in a Government facility regularly.

(g) Contractor employees are required to clearly identify themselves as a contractor at all times whether in person or on the telephone. Further, sub-contractors must identify their respective prime contractors. 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 Primary Contracting Officer Representative if the individual is assigned to manage the contract and the task order Contracting Officer’s Representative if performing work at the task order level.

(h) Security clearances will be processed IAW established procedures, and will be the responsibility of the contractor to obtain the required level of clearance for their personnel.

(i) The Defense Industrial Security Clearance Office (DISCO) shall have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for contractor employees. Furthermore, the Government reserves the right to grant personnel temporary security clearances in emergency situations. However, this shall incur no obligation on behalf of the Government to grant any of these personnel permanent clearances if the subsequent background investigation does not recommend the clearance.

(j) The contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their contractor-owned vehicle or privately owned vehicle while on any Government installation, except IAW 252.225-7040 - CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES.

(k) The contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

(l) Contractor employees working within government facilities are required to attend and complete all command required security courses (newcomers, Information Security, LAN, computer based training, etc.). Prior to traveling outside of the U.S. on leave or temporary duty (TDY), contractor personnel must also receive anti-terrorism awareness training and threat briefings for their intended destination. Prime contractors are responsible for ensuring that all contract or subcontract personnel complete all required training.

H.4. COMMON ACCESS CARDS FOR CONTRACTOR PERSONNEL

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

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

i. the unclassified environment; or

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

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

(b) Contractors and their personnel shall follow the procedures outlined in the DMDC Trusted Associate Sponsorship System Trusted Agent User Guide Version 4.0 dated March 2013. The Trusted Agents for this contract are the Appointed CORs per task order. It is the prime contractor’s responsibility to ensure the CORs have all updated information necessary to process re-verifications and new requests timely in the Trusted Associate Sponsorship System (TASS).

(c) 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; and

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

(d) 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.

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

H.5 GOVERNMENT-CONTRACTOR RELATIONSHIPS

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services. The parties recognize and agree that no employer-employee relationships exist or will exist under the contract between the Government and Contractor and/or between the Government and the Contractor's employees. It is therefore, in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

(b) Contractor personnel under this contract shall not be:

1. Placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

2. Placed in a staff or policy making position.

3. Placed in a position of command, supervision, administration or control over Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

4. Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations or the Civil Service Commission.

5. Used to perform inherently governmental functions IAW FAR 7.5

(c) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor's employees will act and exercise personal judgment and discretion on behalf of the contractor.

(d) Rules, regulations, directions and requirements which are issued by command authorities under their responsibility for good order,…