H92254-16-R-0001_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purposes of this amendment 0002 are to a) revise Sections H.7 and H.20 to remove the indirect cost rate ceiling restrictions from the stratif ied joint inventory task order, b) add clause 5652.204-9000 to Section K, c) revise the stratif ied joint inventory instructions in Section

L.4.2.2, d) remove the *NOTE* from Sections L.1.3 and M.1.3, e) added the CAS Disclosure excerpts referenced in L.4.2.2 to Section

L.0.11,Table 1, Factor 4, f) correct the end date of the Phase 1 transition period and revise the stratif ied joint inventory TO guidance in PWS paragraph 7.1.1.1, g) add clarif ication to PWS paragraph 9.0, h) correct the frequency of CDRL occurrence in block 10 of the CDRLs and

SOO paragraphs 3.1.1 and 4.0 for representative TO 3, and i) incorporate revised RFP Attachments 10 and 11a-c that have unlocked

“Assumptions” columns, a completely unlocked row on each tab, corrected position descriptions (RFP Attachment 11b), revised labor categories (RFP Attachment 10 and 11b), and update Section J accordingly.

1. CONTRACT ID CODE PAGE OF PAGES

U 1 35

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Oct-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X H92254-16-R-0001

X 9B. DATED (SEE ITEM 11)

19-Aug-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Oct-2016

CODE

SOFSA-

BLUEGRASS STATION

5751 BRIAR HILL ROAD

LEXINGTON KY 40516

H92254 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

H92254-16-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

Section H - Special Contract Requirements

Table of Contents

H.1. RESERVED

H.2. NORMAL WORK HOURS

H.3. SCRAP PROCEDURE

H.4. FINANCIAL RECORDS

H.5. RESERVED

H.6. ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AND PROTECTION OF PROPRIETARY

INFORMATION

H.7. PROCEDURES FOR TASK ORDERS

H.8. RESERVED

H.9. DRUG-FREE WORK FORCE (DFARS 252.223-7004 EDITED)

H.10. SUBCONTRACTING REQUIREMENT

H.11. SMALL BUSINESS MANDATES AND SMALL BUSINESS INNOVATION RESEARCH (SBIR)

GOAL

H.12. PENALTY FOR FAILURE TO MEET THE SMALL BUSINESS MANDATES

H.13. THIRD PARTY CONTRACTING

H.14. RESERVED

H.15. HAZARDOUS DUTY PREMIUM

H.16. COMMON ACCESS CARDS FOR CONTRACTOR PERSONNEL

H.17. RESERVED

H.18. RESERVED

H.19. TRANSFER OF BUSINESS UNIT EXECUTING THE CONTRACT

H.20. LIMITATIONS ON INDIRECT COST RATES

H.21. 5652.209-9003 – USE OF CONTRACTOR SUPPORT/ADVISORY PERSONNEL (2015)

H.22. 5652.237-9001 – KEY PERSONNEL REQUIREMENTS

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H.1. RESERVED

H.2. NORMAL WORK HOURS

Contract performance is in accordance with the Performance Work Statement (PWS) and individual task orders and includes shift work as necessary to perform this contract. Contractor hours of operations are up to the discretion of the contractor unless otherwise stated in individual task orders. Normal hours of operations for PEO SOFSA personnel range between 0600 to 1800 hrs. Core hours will coincide with PEO SOFSA management hours of 0800 to 1630 Monday through Friday. Legal holidays observed by the Government include:

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday in November

December 25th

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S.

Government Agencies.

H.3. SCRAP PROCEDURE

The contractor shall have an approved scrap procedure for the disposal of scrap resulting from production or testing under this contract. The proceeds from the sale of scrap shall be credited to the Government.

H.4. FINANCIAL RECORDS

Financial and Accounting Records: Defense Contract Audit Agency (DCAA) is resident at the Bluegrass Station

(BGS), Lexington, Kentucky facility. DCAA performs other analysis and reviews that require access to the contractor’s financial and accounting records supporting proposed and incurred cost. All financial and accounting records for the prime will be locally accessible by the Government from BGS as it pertains to this contract and the

DCAA responsibilities.

H.5. RESERVED

H.6. ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AND PROTECTION OF PROPRIETARY

INFORMATION

The guidelines and procedures of FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest and FAR

Part 3 Improper Business Practices and Personal Conflicts of Interest will be used in identifying and resolving any issues of conflict of interest. IAW FAR 9.506(b), this acquisition involves a significant potential organizational conflict of interest in performance of various task orders and therefore, the following OCI requirements as defined in FAR 9.5 apply to this contract in order to preclude the contractor from obtaining unfair competitive advantage in concurrent or future competitive acquisitions. Additionally, the following paragraphs also address protection of proprietary information.

A. Whenever, in the performance of this contract, the contractor provides systems engineering and technical direction for a system as defined in FAR 9.505 and the contractor will not have overall contractual responsibility

(under this contract) for its development, its integration, assembly, and checkout, or its production, the contractor shall not enter into any other contract (does not include subsequent task orders issued under this contract) either as a prime or as a subcontractor or consultant to a supplier to furnish said items or components thereof during the life of this contract or through the initial production contract whichever is longer.

B. During contract performance the contractor may, either directly or through the Government, receive proprietary information or technical data and computer software of other contractors (hereafter “proprietary information").

Therefore, the following requirements of this clause and of contract clause 252.227-7025 apply to all proprietary information provided under this contract, whether or not the information is technical data or computer software as defined in FAR and DFARS Subparts 27 and 227.

IAW FAR 9.505-4(b), a contractor that gains access to proprietary information of other companies in performing services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. All proprietary information delivered directly to the contractor or to the Government with restrictions on use, modification, reproduction, release, performance, display, or disclosure may not be provided to third parties unless the intended recipient completes and signs the use and non-disclosure agreement

(NDA) at DFARS 227.7103-7 paragraph (c) prior to release or disclosure of the data. The contractor shall furnish to the Contracting Officer Representative (COR) copies of these NDAs. It is not the responsibility of the Government to request or be involved with drafting these NDAs.

The contractor shall protect all proprietary information (as defined herein) with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property and IAW contract clause 252.227-7025.

Proprietary information shall not be duplicated, used or disclosed in whole or in part, without prior permission of the

Government, for any purpose other than to perform this contract. This restriction does not limit the contractor's right to use, duplicate or disclose such information if such information was lawfully obtained by the contractor from other sources IAW FAR 9.505-4(a).

The contractor shall include this provision, including this paragraph, in subcontracts of any tier which involve access to proprietary information. The use of this clause in such subcontracts shall be read by substituting the word

"subcontractor" for the word "contractor" wherever the latter appears.

H.7. PROCEDURES FOR TASK ORDERS

*NOTE* The Government may unilaterally deviate from these procedures at any time.

General.

The Government will determine the most appropriate task order contract type for each effort. 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 order level. Task orders may include option year periods. The process for exercising task order options is included below.

Government Task Order Proposal Request (TOPR) Content and Transmission.

When the Government has a requirement for work to be performed, the Contracting Officer will issue a TOPR containing: (1) an Instruction to Offeror (ITO) providing instructions for proposal submissions and general guidance, (2) the work to be performed via a Performance Work Statement (PWS), Statement of Work (SOW), Statement of Objectives (SOO), or other document that describes the Government’s requirements, and (3) any other information considered to be of assistance to the contractor in preparing a proposal. Unless otherwise specified in the ITO, the contractor shall have 20 calendar days to submit its proposal.

Obligations.

Issuance of a TOPR does not obligate the Government to issue a corresponding task order under this contract, nor does it authorize the contractor to perform any work pursuant to such TOPR prior to the contractor’s receipt of an authorized Notice to Proceed by a warranted Contracting Officer or issuance of a formal task order.

Urgent Requirements/Quick Reaction.

Some requirements may require faster than normal submission timelines (quick reaction orders, urgent or unplanned requirements, etc.). 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.

Ordering Authority.

Task orders under this IDIQ will be issued only by PEO SOFSA Business Management Division (BMD) and its

Contracting Officers are responsible for the overall contract and all task orders. Ordering Authority has NOT been granted to any other PEO SOFSA division.

Submission of Task Order Proposals:

Formats and File Naming Conventions:

All task order proposal submissions require a very short naming convention in order for the Contracting Officer to open the documents within the official electronic contract files.

Format of the task order proposal submission shall be as follows:

Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 11 point, uncompressed font for Technical volumes.

Pages shall be single sided, one and one half spaced, with a minimum of one inch margins on all sides.

Pages shall be dated and numbered sequentially starting with page 1 per document. Technical Volume (10 pg limit + PWS) and Cost/Price (10 pg limit + excel files).

Legible tables, charts, graphs and figures shall be used when necessary to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed 11 by 17 inches in size. For tables, charts, graphs and figures, the text shall be no smaller than 8 point Arial font.

Electronic submissions must be in Microsoft Office or in a software format that is compatible with that used by the Contracting Officer at the time of proposal submission. Any changes, as a result of negotiations, will be conformed and have changed information clearly marked by a vertical line in the right margin.

Proposal Content:

Unless the ITO indicates otherwise, proposals will consist of a technical volume and a cost/price volume. Alternate task order proposals are only allowed if stated in the ITO or agreed to by the Contracting Officer.

Technical Volume:

The contractor shall submit a technical volume describing the contractor’s technical and management approach to meet the applicable task order requirements. The approach shall clearly address the following areas: overall discussion of the contractor’s task order management approach, technical, personnel, material, travel, and innovative approach information as required to meet the requirement. When a SOO is provided, the contractor shall propose a

PWS or SOW. When a Service Delivery Summary (SDS) table is provided in the SOO, the contractor shall incorporate it into its proposed PWS or SOW.

The contractor shall conform to all security requirements as specified in each task and as detailed in the contract DD

Form 254. *NOTE* Per PWS paragraph 6.1, a separate task order DD Form 254 may be provided with the TOPR if the security requirements differ substantively from the contract DD Form 254.

Cost/Price Volume:

The contractor shall submit a cost/price proposal, which shall include pricing for all CLINs as well as a total.

Submission of the cost/price data shall be complete and accurate and in accordance with FAR 15.406-2 when applicable. Each ITO will inform the contractor of the contract type. The proposed cost/price shall be inclusive of all direct (i.e., direct labor, material, travel, and ODC) and associated indirect costs plus profit related to the task order. The contractor shall submit certified cost and pricing data when required. When certified cost and pricing data is not required, the contractor shall submit information other than cost or pricing data. The contractor shall show a clear buildup of all direct and indirect costs being proposed, to include fee. All indirect rates proposed shall be based upon the business unit’s forward pricing rate agreement (FPRA), forward pricing rate recommendation

(FPRR), or forward pricing rate proposal (FPRP) that is in effect at the time of the task order proposal submission.

*NOTE*: Reference H.20 regarding the application of the indirect ceiling rates in the first year of performance. The contractor shall show all formulas and calculations used in the cost/price proposal such that Government re-creation of the proposal will be possible. All files noted in the Cost/Price Volume must be delivered as attachments and all supporting information (artifacts) must tie to the Cost/Price Volume.

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 a task order. If verbally authorized to proceed, the authorization will be confirmed as soon as practical via electronic means by the Contracting Officer. Otherwise, the contractor is not authorized to commence 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.

Option exercises at the task order level will be accomplished in accordance with FAR subpart 17.207. Task order option periods will be outlined in each ITO. 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 the contractor may be required to provide supporting data (e.g. market research, pricing data) to assist the Contracting

Officer with the determinations.

Task Order Completion:

Upon completion of a task order, 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 task order closeout. The final closeout proposal shall include itemized

Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per task order level. CPFF task orders will be closed out in accordance with DCMA and DCAA procedures.

H.8. RESERVED

H.9. DRUG-FREE WORK FORCE (DFARS 252.223-7004 EDITED)

(a) Definitions.

(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under

Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force.

(c) Contractor programs shall include the following, or appropriate alternatives (except for paragraph (c)(4)(ii) which shall be followed as written):

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

(i) The contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) The contractor shall administer a random drug screening program to include aviation flight crewmembers, air traffic controllers, and aviation personnel in positions in which the duties include dispatching, safety inspections, quality technical inspections, or the repair and maintenance of aircraft under this contract. Random drug screening shall occur not less than monthly. The screen rate will achieve 50% of the above described positions annually. This is in concert with and shall not interfere with current screening required by security positions, as a function of security clearance requirements, or those positions that are already identified as sensitive positions. Random drug testing will use a scientifically valid system of selecting a portion of the testing pool without individualized suspicion that a particular individual is using illicit drugs.

(iii) In addition, the Contractor may establish a program for employee drug testing—

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employee has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iv) The Contractor may establish a program to test applicants for employment for illegal drug use.

(v) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 of Subpart B of the “Mandatory

Guidelines for Federal Workplace Drug Testing Programs” (53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the contractor, in accordance with procedures established by the contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

H.10. SUBCONTRACTING REQUIREMENT

The magnitude of this contract may require the contractor to team, partner, and/or subcontract with other business concerns (large and small). The Government has set a small business subcontracting requirement of 35% of total contract dollars (less OCONUS task orders) for this contract. The contractor will be required to meet and maintain this requirement throughout the life of the contract. The contractor shall submit documentation supporting actual total contract dollars subcontracted to small business concerns in accordance with FAR 52.204-10 and FAR 52.219-

9, Alt II (DEV). The contractor’s meeting of the minimum small business subcontracting requirements identified in

H.11 below will be evaluated by the Government as part of a determination of past performance compliance for exercising an option period on the contract. If the contractor fails to meet the minimum small business subcontracting requirements identified in H.11 below, the Government shall be entitled to a unilateral reduction on contract price in an amount that, considering the circumstances, is determined to be equitable by the Contracting

Officer (see Clause H.12). Additionally, the contractor should maintain a greater than one “bench” for supply sources that provide various supplies, parts, materials, products, etc. where possible.

H.11. SMALL BUSINESS MANDATES AND SMALL BUSINESS INNOVATION RESEARCH (SBIR)

GOAL

The contractor's approved subcontracting plan is a material requirement of this contract. The subcontracting levels stated in the approved plan are the minimum requirements of the contract. The percentages stated in this clause are not goals (with the exception of the SBIR goal specified below); they are mandatory requirements. For task orders or task order modifications where >50% of the work is performed outside the continental United States (OCONUS), those dollars will be excluded from the requirement for the 35% Small Business mandate. The minimum mandatory requirements are a percentage of total contract dollars (less OCONUS task orders). To meet the mandatory requirements and SBIR goal, only tier 1 subcontractors shall be included in the calculation.

There are no mandatory contractual requirements to subcontract to National Industries for the Blind (NIB) firms.

The Government is however offering an incentive to encourage the prime contractor to provide subcontracting opportunities to NIB. For each percentage point or fraction thereof subcontracted to a NIB firm, the prime contractor shall receive a corresponding 2 for 1 credit toward their total 35% Small Business mandate for the next reporting period. Example, NIB receives 1% of the total contract dollars during the base period of the contract. The prime contractor will have already met 2% of their total Small Business subcontracting mandate.

Due to the limitations of eSRS, the total contract dollars reported in the annual subcontracting reporting in eSRS will include all task orders (CONUS and OCONUS). Therefore, in addition to the required annual subcontracting reporting in eSRS and in order to accurately report the percentages subcontracted to small businesses for the purposes of determining if the contractor complied with the specified mandated percentages and AbilityOne set asides, the contractor shall provide a separate report (known as the SOF GLSS Small Business Subcontracting

Report) to the Contracting Officer and SOCOM Director of Small Business on an annual basis. This report shall include a breakout of the dollar amounts and percentage of total contract dollars awarded to small businesses just as reported in eSRS, however, with the exclusion of OCONUS task orders. Additionally, this separate report shall include an overview of how the below AbilityOne mandate was met, identify efforts made towards achieving the 3%

SBIR Phase III goal, and identify any NIB subcontracts as a percentage of total contract dollars (less OCONUS task orders).

Included in

35% 2 Interior facility maintenance

(PWS

paragraph

4.2.2.3) and custodial/shredding services (PWS paragraph 4.2.2.1) shall be set aside for

AbilityOne in lieu of a percentage mandate

In addition to the above small business mandates, a goal of 3% of total contract dollars (less OCONUS task orders) for use of SBIR Phase III is established for the contract. This goal will not be subjected to the penalty described in

H.12 below.

The small business(es) must be registered in the System for Award Management

(https://www.sam.gov/portal/SAM/#1). It is recommended that the Dynamic Small Business Search

(http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) be utilized as well.

H.12. PENALTY FOR FAILURE TO MEET THE SMALL BUSINESS MANDATES

The evaluation of small business subcontracting performance and the determination if the contractor is meeting the mandatory requirements identified in H.11 above will be conducted annually in conjunction with the submission of subcontracting reports in eSRS and the separate report detailed in H.11 above.

At the end of year two of the base period and every annual reporting period thereafter, if the contractor does not meet the overall Small Business subcontracting mandate of 35% and at least three of the subcategory mandated percentages and/or set aside, the Government shall take a reduction of 10% of negotiated profit/fee on all task orders issued during that contract year. The determination to take this action shall be based solely on the annual submission by the contractor of the SOF GLSS Small Business Subcontracting Report and the Government's subsequent review of such report thereafter.

If the Government elects to take the 10% reduction, it will be processed as an across-the-board reduction and applied to all task orders issued during the contract year from which the SOF GLSS Small Business Subcontracting Report applies. The PCO will coordinate this action with the local DCMA office.

H.13. THIRD PARTY CONTRACTING

The contractor is authorized to propose, contract with, and perform work for third parties utilizing the Government facilities operated by the contractor to perform the work under this contract subject to the following:

1. Third Party contract work will be limited to projects conducted in support of SOF hardware or projects for the

Department of Defense, Homeland Security, or Global War on Terror (GWOT) related activities. GWOT-related could also include Foreign Military Sales and sales to foreign militaries directly involved in supporting US forces in

GWOT.

2. The annual project cost ceiling for work as described in this section is $250,000,000 to ensure non-interference with work performed under this contract. All third party work will be performed on a non-interference basis and cannot impede or adversely affect any work on this contract. The $250,000,000 ceiling will be calculated using the

Type of Business Mandated %

A. Total Small Business 35%

B. Small Disadvantaged Business1 5%

C. Woman-Owned Small Business1 5%

D. HUBZone Small Business1 1%

E. Service Disabled Veteran-Owned Small Business1 3%

F. AbilityOne1, 2 N/A https://www.sam.gov/portal/SAM/#1 http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm value of orders received under this section. This will be tracked via CDRL B002 and reported quarterly in order to ensure that the ceiling is not exceeded.

3. The contractor shall obtain prior approval before entering into any contracts for third party work from the

Business Management Division (BMD) Chief or his/her designated representative. If a representative is designated, the contractor will be formally notified in writing. Upon receipt of information that may lead to a third party contract, the contractor shall notify the BMD Chief or designated representative of the scope and rationale for performing the work and receive approval to continue with the analysis and proposal.

4. The contractor shall apply indirect rates as applicable to all third party work performed per this section H.13. By doing so, the contractor and Government expect the contractor’s indirect rates to decline for work on this contract.

Reduction of the indirect rates will result in cost savings for the Government and serve as compensation and fair rental for use of the Government facilities and utilities as described by FAR 45.301 Use and Rental.

H.14. RESERVED

H.15. HAZARDOUS DUTY PREMIUM

The contractor is authorized to include in task order proposals and bill the Government as an allowable cost

Hazardous Duty Premium not to exceed the current State Department premiums for personnel deployed to

OCONUS hardship and hazardous duty locations regardless of base salary or hourly wage. This Hazardous Duty

Premium is in lieu of the Allowance rates for Post Hardship Differential (5 U.S.C. 5925) and Danger Pay (5 U.S.C.

5928) payable to personnel deployed to OCONUS hardship and hazardous duty locations.

H.16. 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 require logical access to Department of Defense computer networks and systems.

(b) Contractors and their personnel shall follow the procedures outlined in the DMDC Contractor Verification

System User Manual.

(c) During the performance period of the contract, the contractor shall report lost or stolen CACs in accordance with local policy/directives.

(d) The contractor will notify PEO SOFSA Trusted Agent Security Manager (TASM) when an employee is departing and/or will no longer be supporting a PEO SOFSA Task Order and no longer requires a CAC. Personnel who are not actively supporting a PEO SOFSA contract or task order are not permitted to retain a CAC issued by

PEO SOFSA Trusted Agents.

(e) In the event that an employee separates without prior notice (quits or is terminated) the contractor will immediately notify the PEO SOFSA TASM, who will take immediate action to revoke the employee’s CAC.

(f) The contractor will collect the CAC of all employees who separate or who are no longer supporting PEO

SOFSA. The contractor will return the CACs to the local RAPIDS Office within 15 days of collection. The contractor will notify the PEO SOFSA TASM within three business days of the date the employee separated and the date the CAC was returned to the RAPIDS Office.

(g) For employees not located in the local area, the contractor will instruct the departing employee to return the CAC to the RAPIDS Office, obtain a receipt for the CAC, and mail a copy of the receipt to the contractor. If this is not possible, the employee will be instructed to send the CAC to the contractor, who will then return it to the RAPIDS

Office.

(h) For various reasons, employees may be laid off for short periods but are expected to return to work. In these instances, the contractor will collect and retain the CACs until the employee returns to work. The CAC will not be deactivated.

H.17. RESERVED

H.18. RESERVED

H.19. TRANSFER OF BUSINESS UNIT EXECUTING THE CONTRACT

(a) The contract award was based on the cost structure of the (to be defined at time of award) business unit. It is in the Government’s best interest that the work performed under the contract remains with this business unit. The contractor agrees that there will not be a transfer of the contract to another business unit without compliance with the following:

(1) Clear and substantive proof is provided that the transfer is in the best interest of the Government.

(2) All requests for transfer must be in writing and provide a detailed explanation of the circumstances necessitating the change. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(3) If the Contracting Officer determines that transfer request is not acceptable or that the operations of the current business unit would be so substantial as to impair successful completion of the contract, the

Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, and will consider when assessing performance prior to exercising an option year.

H.20. LIMITATIONS ON INDIRECT COST RATES

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

b) Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR

Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rate ceiling established by this clause.

d) For the first year of contract performance (defined as 1 Jan to 31 Dec 2018), the indirect cost rates contained in the

Contractor's accepted contract proposal shall be incorporated into this clause as limitations on indirect cost rates for the first year of contract performance. The bases to which the indirect cost rates apply shall be those contained in the

Contractor's accepted contract proposal and hereby, incorporated into this clause, in accordance with the Contractor's accounting system upon which its proposal was based.

Indirect Rate Indirect Cost Rate Ceiling

Example: G&A (Non-Enterprise Related) X%

Example: SOFSA P&S (Enterprise Related) X%

Example: SOFSA Non-P&S (Enterprise Related) X%

Actual information to be provided immediately prior to award

Actual information to be provided immediately prior to award

e) The Government will not be obligated to pay any additional amount should any final indirect cost rates for the first year of contract performance exceed the indirect rates incorporated into this clause as a result of increased indirect pool costs incurred. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates incorporated into this clause as a result of decreased indirect pool costs incurred, the incorporated rates shall be reduced to conform with the lower rates. Adjustments due to actual indirect base costs incurred may be upward or downward.

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

g) The limitations on the indirect cost rate shall apply to all work performed under the contract in the first year of contract performance, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work in the first year of contract performance. Additionally, since the TO to conduct a stratified joint inventory (PWS 7.1.1.1) will occur prior to transition of full responsibility for all

Enterprise management functions, no Enterprise related indirect cost rates will apply to that TO.

h) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool affected by this requirement, the Contracting

Officer and Contractor shall negotiate to determine the indirect cost rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the Government under this contract.

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

j) The Contractor will be required to submit a Forward Pricing Rate Proposal (FPRP) to DCMA and DCAA IAW

FAR 42.1701(b) and DFARS 215.403-5 covering the subsequent period(s) beyond the first year of contract performance not later than 30 September of each year (if forecasted annually).

H.21. 5652.209-9003 – USE OF CONTRACTOR SUPPORT/ADVISORY PERSONNEL (2015)

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

H.22. 5652.237-9001 – KEY PERSONNEL REQUIREMENTS

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key

Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

The following positions are identified as Key Personnel:

Information to be provided immediately prior to award based on proposed key management positions.

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

5652-204-9000 Individual Authorized to Sign (2003)

(a) Proposals shall be signed by an authorized individual. The offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the offeror in accordance with the applicable instructions below. If the offeror is a joint venture, each participant in the joint venture shall submit a separate representation.

(1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A

Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the offer, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation.

I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers.

AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".)

(Signature)

(2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument.

I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers.

(3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has…