Draft_H92222-14-R-0021_Group_B.doc

Section B - Supplies or Services and Prices

UNDEFINED

SWMS Group B

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 B

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 $250,000,000.00 over the five-year ordering period.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SOCOM WIDE MISSION SUPPORT (SWMS) – GROUP B

EDUCATION & TRAINING, ADMINISTRATIVE & OTHER SERVICES, AND MANAGEMENT SUPPORT SERVICES

STATEMENT OF WORK (SOW)

1. Background:

1.1. 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. USSOCOM, headquartered at MacDill Air Force Base, Tampa, FL, was established as a unified command in 1986 by Congress to address concerns regarding the status of SOF within overall U.S. defense planning.

1.2. USSOCOM is comprised of a headquarters, four Components, and a sub-unified command (Joint Special Operations Command (JSOC). The USSOCOM Components are the U.S. Army Special Operations Command (USASOC); Naval Special Warfare Command (NAVSPECWARCOM); Air Force Special Operations Command (AFSOC) and Marine Corps Special Operations Command (MARSOC)

1.3. USSOCOM vests additional command and control responsibilities in Theater Special Operations Commands (TSOCs) which are special operational headquarters elements designed to support operations logistics, planning, and operational control requirements. USSOCOM has the primary responsibility to organize, train, and equip TSOCs. The TSOCs are:

· Special Operations Command South (SOCSOUTH), Homestead Air Force Base, FL

· Special Operations Command Africa (SOCAFRICA), Stuttgart, Germany

· Special Operations Command Europe (SOCEUR), Stuttgart, Germany

· Special Operations Command Central (SOCCENT), MacDill Air Force Base, FL

· Special Operations Command Pacific (SOCPAC), Camp Smith, HI

· Special Operations Command Korea (SOCKOR), Yongsang, Korea

· Special Operations Command U.S. Northern Command (SOCNORTH), Peterson Air Force Base, CO

1.4. USSOCOM is also responsible for synchronizing Department of Defense (DoD) plans against global terrorist networks and, as directed, conducting global operations against those networks. In this regard, USSOCOM receives, reviews, coordinates, and prioritizes all DoD plans that support the global campaign against terror, and then makes recommendations to the Joint Staff regarding force and resource allocations to meet global requirements. USSOCOM is also designated the DoD proponent for Security Force Assistance for which USSOCOM performs a synchronizing function in global training and assistance planning against terrorist networks.

1.5. The acronym USSOCOM, as used in this SOW, applies to any and all USSOCOM Headquarters organizations, Components, JSOC, and TSOCs, as well any future entity which USSOCOM may establish to support the Command’s mission.

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

2.1. Infuse skill sets and scope that supports the USSOCOM enterprise

2.2. Promote a competitive environment for acquiring USSOCOM services

2.3. Retain and build on existing acquisition efficiencies, speed, and flexibility

2.4. Measure and incentivize superior contractor performance

2.5. Strengthen government-contractor partnerships

2.6. 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 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 in the following taxonomies: Education and Training Services, Administrative & Other Services, and Management Support Services. Specific requirements will be identified at the task order level.

4.1.1. Education and Training Services: These services will assist in providing support to USSOCOM organizations, involved in training SOF. This includes providing vocational and technical training at the individual, collective, or staff level on a variety of subjects, conducting lectures, performing testing, curriculum development, and other related training and military exercises. Also included in the scope of Education and Training Services are translation services to support various Command activities. Below are representative tasks which may be required. The following is a representative sampling, not an all-inclusive listing of the Education and Training Services tasks and is provided to assist with planning for and supporting these services:

4.1.1.1. Combat Modeling, Simulation and War gaming. The Contractor may be required to develop new or modify existing models, wargames, expert systems, and simulations to assist in the testing of concepts and decisions, exploration of issues, and development and non-systems-related maintenance of databases to support models, training, games and simulations.

4.1.1.2. Exercise Planning Support. The Contractor may be required to provide subject matter experts with a combination of skills and experiences, including SOF ground, maritime, and air operations, Joint SOF operational experience, as well as, intelligence and interagency operations to participate in exercises and battle staff events as determined by USSOCOM. The Contractor may be required to participate in the Joint Exercise Control Group (JECG) throughout the duration of each event under the guidance of the USSOCOM-Exercise Director, Lead Planner, and JECG Director. The contractor also may be required to participate in the Semi-Annual Exercise Conference (SAEC).

4.1.1.3. Exercise Execution Support. The Contractor may be required to assist in the delivery of command post exercises, tabletop exercises with role players, subject matter experts and other products and services as identified in supporting exercise documents and material on the U.S. Government’s timeline. This process includes working in collaboration with the other Commands or Agencies in developing exercise design and execution.

4.1.1.4. Training and Mission Rehearsal Support. The Contractor may be required to provide expertise in the areas of SOF operational mission sets, their applicability to training, and technical knowledge of the requirements generation system, simulation development, acquisition, implementation of these mission sets, and network architectures. This includes the ability to analyze and update current training requirements. These efforts are related to the identification, analysis, user evaluations, and generation of training requirements to support time-critical training system needs for SOF. This support also may involve the identification, assessment, or coordination with the acquisition or other applicable communities to develop or modify training materials or strategies to take advantage of advanced technologies. This support may be conducted with non-standard users and at non-standard locations.

4.1.1.5. USSOCOM Organization Specific Internal Training Support. Typical efforts include, but are not limited to, monitoring and tracking command training, assisting in preparing SOF-unique training materials and course preparation, as well as coordination of materials throughout the command.

4.1.1.6. Operational and Education/Training Support. The Contractor may be required to provide operational and education/training support. Typical efforts include, but are not limited to: developing and maintaining web pages and databases associated with monitoring training, developing and maintaining lesson plans, and conducting classes (e.g. week-long management seminars or specialty training classes to small groups of 10-20 personnel) locally or virtually; developing and reviewing draft training, doctrine and operational publications; producing training and education support materials; and reviewing and maintaining the SOF Joint Mission Essential Task List (JMETL).

4.1.1.7. Education Policy Analysis and Revision. The contractor will assist in the revision of applicable USSOCOM policy directives and memorandums necessary to effectively implement a joint special operations education strategy. The level of effort will include, but not be limited to: analysis on previous joint education studies conducted for the Joint Staff, USSOCOM, the Joint Special Operations University or other organizations defined at the task order level. Also required may be analyses of historical, current, and proposed policies, lessons learned resident in the Joint Lessons Learned Information System (JLLIS), instructions, guidance and directive letters with applicability to special operations and joint education issues. Collecting and assessing emerging or major revisions to Department of Defense, Joint Staff, or Services’ education visions, goals, or recommended guidelines which would impact joint education for SOF. Based on the analysis and government review the contractor will provide revised USSOCOM Directives as required to support Joint Special Operations Education.

4.1.1.8. Cultural and Language Training Support. The Contractor may be required to conduct professional study and analysis to continue and build on previous long-range studies to analyze the varied culture and language training programs and efforts within the command and identify areas for improvement by extending it to new and modified initiatives while continuing coverage of traditional programs. Training effectiveness efforts may be initiated to examine language and culture training and deliver the training by the joint SOF Tele-training System or other prescribed means. The Contractor will collect valid and reliable data, analyze it appropriately to yield actionable recommendations, and produce reports, presentations and/or suggested training curriculum. Reports will provide the SOF Language Office (or other designated offices) with discrete, targeted analysis and recommendations tailored to specific language or cultural programs.

4.1.1.9. Translation Services. The contractor may be required to provide multilingual translation services via native speakers, or the certified native proficiency equivalent at the professional level for languages to conduct translation activities from target languages to the English language and from English into target languages and Cultural/Ideology Analysis in consonance with open source intelligence (OSINT) production requirements supporting a full range of Irregular Warfare and Unconventional Warfare (IW/UW) production tasks commensurate with USSOCOM intelligence priorities. Additionally, Services may be required when translation is necessary for the integration and delivery of final products or requirements such as texts, magazines, or videos. The contractor may be required to provide translation support to include but not limited to the translation of audio clips, website content, print, video, graphic, electronic, multi-media and any additional forms of communication. In addition, the contractor may be required to provide multilingual interpretation services via native speakers, or the certified native proficiency equivalent at the professional level from target languages to the English language and from English into target languages as required for meetings, conferences, briefings, and various other forums of voice communications. The contractor may be required to provide broadcast quality voice talent as required. Target Languages include but are not limited to all dialects of the following languages: Arabic, French, Spanish, Portuguese, Indonesian, Thai, Korean, Chinese, Urdu, Farsi, UK English, Swahili, Pilipino, Hindi, Pashtu, Russian, and German.

4.1.2. Management Support Services: These services involve providing advice and assistance with the management and operation of an organization that are closely associated with the basic responsibilities and mission of an organization. Included in these services are strategic planning, SOF capability and structuring analysis and advice: data collection; writing services; public relations; and media analysis. While these tasks are not all inclusive, they are intended to assist with planning for and supporting these services. The following is a representative sampling, not an all-inclusive listing of the Management Support Services tasks:

4.1.2.1. Position and Concept Papers. The Contractor may be required to acquire and compile material from a multitude of different sources and develop specific, new, updated position and concept papers covering a variety of issues.

4.1.2.2. 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.

4.1.2.3. 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.

4.1.3. Administrative and Other Services-non SORDAC: These services involve creating, revising or maintaining administrative workflows and procedures to make an organization more efficient and using information technology systems to generate and retrieve information. The Administrative and Other Services described in this SOW are to support USSOCOM, except SORDAC. 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:

4.1.3.1. 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.

4.1.3.2. 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.

4.1.3.3. 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.

4.1.3.4. 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. Contractor Manpower Reporting Application (CMRA) Reporting:

6.1.1. 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/

6.1.2. 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/

6.2. Task Order Monthly Reporting:

6.2.1. No later than the 10th calendar day of each month of the period of performance of all task orders 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.

6.2.2. The Monthly Report shall:

6.2.2.1. 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)

6.2.2.2. Be submitted using Microsoft Word, Times New Roman, Font Size 12

6.2.2.3. Use the following file naming convention: XXX TO XXXX 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 six Xs are the date (MMDDYY) the report is submitted to the government.

6.2.3. The Monthly Report shall contain the following:

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

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

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

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

6.2.3.5. For Cost Reimbursable type task orders, the following applies: Report funding expended, by month, a cumulative total, and if applicable, separate by subtask. 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.

6.2.3.6. 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.

6.2.3.7. Monthly Full Time Equivalent (FTE) usage depicting all direct labor employed to support task order requirements. Reporting of FTE must identify whether the FTEs 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 6.1.1.

6.2.3.8. Additional monthly report requirements may be specified in an individual task order. A reduction to the requirements of this section 6.1.2 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

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.8.

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, at minimum quarterly or more frequently as needed to conduct a Contract Execution Review (CER). Attendees at the CER are to include the Contractor management, the KO, the SWMS Program Manager. Others may attend on an invitee 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 limits 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

CLAUSES INCORPORATED BY FULL TEXT

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)

CLAUSES INCORPORATED BY FULL TEXT

5652.209-9003 Use of Contractor Support/Advisory Personnel as Contract Specialists (2006)

The contractor’s attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor’s proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

(end of clause)

CLAUSES INCORPORATED BY FULL TEXT

5652.216-9003 Procedures for Issuing Task/Delivery Orders under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts (2005)

(a) All multiple award contractors shall be considered for each order over $3,000, unless the Contracting Officer determines that:

(1) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(3) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract.

(4) It is necessary to place an order to satisfy a minimum amount guarantee.

(b) Unless the exceptions in paragraphs (a) above apply, the following procedures will be utilized in providing contract awardees with a fair opportunity to be considered for each order:

(For task order service contracts)

(1) The Government will request each contractor to submit a technical and/or managerial approach, if necessary, and cost/price estimate in response to a Government work statement.

(2) The responses may be presented to the Government either orally or in writing as required by the Contracting Officer.

(3) The Government will make an integrated assessment based on technical and/or managerial approach, estimated total cost/price, past performance in making awards under this paragraph. The Contracting Officer will issue the Task Order to the contractor who will provide the best value to the Government.

(For supplies/equipment contracts)

(1) The Government will request each contractor to submit a proposed delivery schedule and cost/price estimate in response to a Government request for quotations.

(2) The responses may be presented to the Government either orally or in writing as required by the Contracting Officer. Electronic submission is encouraged.

(3) The Contracting Officer will issue the Delivery Order to the contractor who will provide the best value to the Government.

(c) Under the provisions of the Federal Acquisition Streamlining Act of 1994, protests are not authorized in connection with the issuance or proposed issuance of a task/delivery order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

(d) Contract Ombudsman. The Contract Ombudsman, is enter name/title/contact information, and is responsible for reviewing complaints regarding this 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.

(end of clause)

CLAUSES INCORPORATED BY FULL TEXT

5652.216-9003 Procedures for Issuing Task/Delivery Orders under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts (2005)

Note: Task Orders 000X-000X (TBD) will be issued at the same time as the basic contract awards to satisfy the minimum obligation required under this IDIQ.

General. This contract is designed to meet the wide and varied needs of USSOCOM. Firm Fixed Price (FFP) and Cost-reimbursement types of task orders may be awarded hereunder; however, FFP will be the preferred contract type to accompany performance based concepts to the maximum extent possible. The Government will determine the most appropriate task order contract type for each effort dependent upon the requirement. The Government may unilaterally deviate from these procedures at any time as required. 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 is included below.

(e) All multiple award contractors shall be considered for each order over $3,000, unless the Contracting Officer determines that:

1. The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays;

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

3. The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract.

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

(f) Unless the exceptions in paragraphs (a) above apply, the following procedures will be utilized in providing contract awardees with a fair opportunity to be considered for each order:

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

1. Request for proposal number and/or title;

2. Statement of Objectives/Statement of Work/Performance Work Statement;

3. Instructions to Offerors;

4. Performance period; and

5. A listing of Government furnished property to be provided to the Contractor, if required.

6. The responses may be presented to the Government either orally or in writing as required by the Contracting Officer.

7. The Government will make an integrated assessment based on technical and/or managerial approach, estimated total cost/price, past performance in making awards under this paragraph. The Contracting Officer will issue the Task Order to the contractor who will provide the best value to the Government.

2. Submission of Proposals: The Contractor's proposal must comply with the Instructions to Offerors included in the request for task order proposal. The Contractor shall have no more than 10 days to submit their proposals, unless:

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

2. It is an urgent requirement.

3. Government Evaluation of Task Order Proposals: Upon receipt of the proposals, the KO 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. 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. If required, negotiations or discussions may be conducted prior to issuance of any task order. The standard evaluation of task orders will be a technical review of proposed PWS and approach to meeting PWS description(management proposal), proposed cost/price (basic and all option years) and past performance (GBPS task orders), unless other criteria is specifically stated in the ITO. Upon receipt of the proposal(s), the KO may:

1. Open discussions or negotiate with all or some contractors providing proposals

2. Issue a task order based upon the original proposal(s) furnished;

3. Reject the proposal(s), or

4. Cancel the requirement.

4. Task Orders. 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 loses the funding for the project, the Government will notify all Offerors of the cancellation.

(g) 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) 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 in writing, verbally, or electronically, to commence performance of the task. Otherwise, the Contractor is not authorized to commence task performance prior to the issuance of the task order or other written or electronic notice provided by the Contracting Officer. In no case shall the Contractor commence work without explicit approval from the Contracting Officer.

(i) Option exercises at Task order level. Options will be accomplished in accordance with FAR subpart 17.207. Task order option periods will be outlined in each task order. In accordance with FAR 17.207 the Contracting Officer must make certain determinations prior to exercising any options. Accordingly, prior to exercising a task order option period the contractor will be required to provide supporting data (e.g. market research, pricing data) to assist the Contracting Officer with the determinations.

(j) Task Order Completion: Within ninety (90) days after the completion of FFP 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.

(k) Task and Delivery Order Ombudsman. The Task and Delivery Order Ombudsman is Mr. Stephen E. Armstrong, Special Operations Research, Development, and Acquisition Center (SORDAC), and is responsible for reviewing complaints regarding this 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. Additional information on the ombudsman can be viewed at http://www.socom.mil/sordac/Pages/Ombudsman.aspx (end of clause)

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…