H9240120R0001 Targeted Requirement Execution (TREX) FINAL_20 Mar 20.pdf

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45 - 54 X H 55 - 59 kristen.hoylman.mil@socom.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 59

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

H92401 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KRISTEN R. HOYLMAN 813-826-7047

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 8 - 10 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 11 - 19 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

20 - 30

PART II - CONTRACT CLAUSES

HQ USSOCOM

SOF AT&L-KI

7701 TAMPA POINT BLVD

TAMPA FL 33621-5323

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

20 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H9240120R0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot

FFP

FFP

Firm Fixed Price orders (FFP) IAW FAR 16.202-1 shall be issued against this CLIN. Requirements will be specified per Delivery Order/Task Order (DO/TO) and in accordance with the prime contract Statement of Work (SOW).

NOTE - Dollar Values have been included for each basic contract CLIN for purposes of the Government procurement system ONLY.

FOB: Destination

PSC CD: 9999

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lot

CPFF

CPFF

Cost Plus Fixed Fee orders (CPFF) IAW FAR 16.306 shall be issued against this CLIN. Requirements will be specified per DO/TO and in accordance with the prime contract SOW.

NOTE - Dollar Values have been included for each basic contract CLIN for purposes of the Government procurement system ONLY.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot

CR

COST

Cost Reimbursable orders (CR) IAW FAR 16.302 shall be issued against this CLIN. Requirements will be specified per DO/TO and in accordance with the prime contract SOW.

NOTE - Dollar Values have been included for each basic contract CLIN for purposes of the Government procurement system ONLY.

MAX COST

PREFACE

B.1 General Information. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for supplies and services with five, one-year ordering periods. The Government may issue DO/TOs on a Firm Fixed Price (FFP), Cost Plus Fixed Fee (CPFF), and Cost Reimbursable (CR) basis.

Ordering Period 1: 22 October 2020 – 21 October 2021 Ordering Period 2: 22 October 2021 – 21 October 2022 Ordering Period 3: 22 October 2022 – 21 October 2023 Ordering Period 4: 22 October 2023 – 21 October 2024 Ordering Period 5: 22 October 2024 – 21 October 2025

Contract Minimum. The contract minimum amount is $2,500.00.

Contract Maximum. The maximum dollar value of the program over all prime contracts combined totals $780,000,000.00.

DO/TO Minimum/Maximum. There are no minimum or maximum amounts at the DO/TO level.

Section C - Descriptions and Specifications

STATEMENT OF WORK

The Prime Contract Statement of Work is located at Attachment J-1.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

252.211-7003 Item Unique Identification and Valuation MAR 2016

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-11 Higher-Level Contract Quality Requirement DEC 2014 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-OCT-2020 TO

21-OCT-2025

N/A N/A

0002 POP 22-OCT-2020 TO

21-OCT-2025

0003 POP 22-OCT-2020 TO

21-OCT-2025

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CONTRACT ADMINISTRATION DATA

G.1 Responsibility of Contract

Contracting Officer (KO): The HQ USSOCOM Contracting Officer (KO) has the overall responsibility for this prime contract. The KO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, and requirements. The names and contact information of the KOs will be provided at the time of award.

Administrative Contracting Officer (ACO): Delegation of Contract Administration per FAR 42.302 with the exception of paragraphs (a) (23), (29), (30v), (59), (62), (64), and (70), which will be retained by the KO, is designated to the Defense Contract Management Agency (DCMA): (See Block 24 of the SF33 Award Document). Further, the ACO will provide upon request to the USSOCOM KO feedback annually on the contractor’s performance IAW 42.302(b)(11) for inclusion in the annual Contractor Performance Assessment Report and is also authorized to perform the function outlined in 42.302(b)(6) with regards to interim billing.

G.2. TREX Invoicing Instructions The Contractor shall not invoice the Government until the Contractor receives the pertinent DD250(s) signed by the Government indicating receipt and acceptance of delivered equipment as detailed within each DO/TO SOW, with the exception of those DO/Tos issued on a CPFF or CR basis. Additionally, there may be orders that require invoicing outside of the Wide Area Work Flow (WAWF) System. WAWF Invoicing Instructions are detailed further within this Section G.

CLAUSES INCORPORATED BY FULL TEXT

Wide Area Workflow (WAWF) – Electronic Receiving Report and Invoicing Instructions

1. In accordance with DFARS 232.70 and SOFARS 5632.7002, use of electronic payment requests is mandatory. WAWF will speed up payment processing time and allow you to monitor payment status online. The are no fees associated with the use of WAWF. For more information, go to http://wawf.eb.mil.

2. The accounts payable address can be found on the SF33. You can easily access payment information using the DFAS web site at http://www.dod.mil/dfas/contractorpay.html.

3. The following codes will be required to route your receiving reports, invoices, vouchers and additional e-mail to correctly process through the WAWF system.

Document: COMBO

Applicable To: Fixed Price CLIN for Deliverable with Acceptance at Origin OR Destination

Vendor CAGE Code TBD Pay Office DoDAAC TBD Issue By DoDAAC H92401

Admin By DoDAAC TBD Inspect By DoDAAC (will also do acceptance if acceptance at ORIGIN)

Identified on a Per Order Basis

Ship To Code (will also do acceptance if acceptance at

DESTINATION)

Identified on a Per Order Basis

Document: COMBO

Applicable To: Fixed Price CLIN for Deliverable with Acceptance at Location Other Than Ship To (i.e. shipping to SOFSA)

Vendor CAGE Code TBD Pay Office DoDAAC TBD Issue By DoDAAC H92401 Admin By DoDAAC TBD Inspect By DoDAAC Identified on a Per Order Basis Ship To Code Identified on a Per Order Basis Acceptor at Other Location DoDAAC *

* CONTRACTOR: Ensure ‘OTHER’ is selected from the ‘ACCEPTANCE’ drop down in WAWF. Otherwise there will be a delay in payment.

Document: COST VOUCHER Applicable To: Cost Type CLIN (T&M, Labor Hour, Cost)

Vendor CAGE Code TBD Pay Office DoDAAC TBD Issue By DoDAAC H92401 Admin By DoDAAC TBD DCAA Auditor DoDAAC TBD Service Approver DoDAAC * (ACO DoDAAC if this contract is managed by DCMA)

* Final Voucher routed to Service Approver.

Document: PROGRESS PAYMENT Applicable To: Progress Payment

Vendor CAGE Code TBD Pay Office DoDAAC TBD Admin By DoDAAC TBD Inspect By DoDAAC Identified on a Per Order Basis Contracting Officer DoDAAC (ACO DoDAAC if this contract is managed by DCMA)

E-Mail Point of Contact Listing (maximize use of group e-mail accounts):

DCMA/Admin Office TBD DCAA/Auditor Office TBD Contracting Officer richard.baumgartner@socom.mil

Contracting Officer victor.p.moss.civ@socom.mil Service Acceptor Identified on a Per Order Basis Additional Contact Identified on a Per Order Basis

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. The SOCOM Ombudsman is assigned in accordance with SOFARS 5616.506.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

Section H - Special Contract Requirements

SECTION H

Section H Table of Contents

H.1 Exclusive and Cross Teaming Prohibitions H.2 Organizational Conflict of Interest H.3 Original Equipment Manufacturers Prohibition H.4 Protecting and Handling Proprietary Information

H.5 RESERVED

H.6 RESERVED

H.7 RESERVED

H.8 Exercise of “Off Ramp” Procedures H.9 OCONUS Support H.9.1 Synchronized Pre-deployment and Operational Tracker (SPOT) H.9.2 Theater Business Clearance Clauses H.10 Procedures for Issuing, Evaluating, and Awarding Delivery/Task Orders H.10.1 Government Request for Order Proposals (Content and Transmission) H.10.2 Submission of Order Proposals H.10.2.1 Standard Requirements for all Order Proposals H.10.2.2 Proposal Content H.10.3 Government Evaluation of Order Proposals

DEVIATION

of H.10.3

Initial 4 Delivery Orders

H.10.4 Authorization to Proceed on Orders H.10.5 Option Exercises at Order Level H.10.6 Order Completion H.10.7 Fair Opportunity Exception H.10.8 Order Protests and Ombudsman H.11 SOFARS 5652.209-9003 Use of Contractor Support/Advisory Personnel (2015)

H.1 Exclusive and Cross Teaming Prohibitions

(a) Definition. An exclusive teaming arrangement is created when two or more companies agree, through understandings, or by any other means to team together to pursue a TREX Prime Contract, and further agree not to team with any competitors for that Prime Contract.

(b) Prohibition. Prime Contractors are prohibited from entering into and/or maintaining any exclusive teaming arrangements that will affect the DO/TOs issued under the TREX Prime Contract(s). USSOCOM has determined that such arrangements unduly limit competition and therefore, do not provide the best value to the Government. Corporate or Company capabilities below the Prime Contractor-level must be made available on fair and equitable terms to all TREX Prime Contractors. The Government will direct the dissolution of any exclusive teaming arrangement which the Contracting Officer discovers, or prohibit the Prime Contractor from award consideration for future DO/TOs.

(c) Cross Teaming. Teaming arrangements in which Prime Contractors participate as a subcontractor/team member with another Prime Contractor are not authorized under this Prime Contract.

H.2 Organizational Conflict Of Interest In addition to the OCI requirements outlined with FAR subpart 9.5 the following restrictions apply to this contract.

(a) SOF AT&L Services Support (via GSA OASIS Small Business Pool 1): In the event that SOF AT&L

Services Support is awarded before TREX, then the SOF AT&L Services Support awardee shall immediately notify the TREX KO in writing that they will immediately (within 1 business day) withdraw their proposal from consideration. In the event that TREX is awarded before SOF AT&L Services Support, then the TREX Prime Contractor shall immediately notify the TREX KO in writing that they will immediately (within 1 business day) request a no cost termination of their TREX Prime Contract if they are awarded a SOF AT&L Services Support contract.

(b) The TREX Prime Contractor shall not award a subcontract to a company that has rendered any of the following services in relation to this TREX acquisition: requirements generation, requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, or statement of work preparation.

(c) The term "Prime Contractor" used in this TREX acquisition means:

(1) “Prime Contractor” means an awardee of a TREX Prime Contract as a result of this solicitation;

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

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

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

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

(e) If the Prime Contractor, after award, discovers a potential organizational conflict of interest, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the circumstances that constitute the potential OCI, how the issues originated, the actions the Prime Contractor has taken or proposes to take to avoid or mitigate the conflict, and any other pertinent information that would assist the Contracting Officer in making a determination on this matter. Upon timely disclosure from the Prime Contractor, the Government shall review a potential conflict on a case-by-case basis and issue a written determination in response. Notwithstanding the aforementioned Prime Contractor notification, the Government may terminate this contract for the convenience of the Government if determined to be in the best interest of the Government.

H.3 Original Equipment Manufacturers (OEM) Prohibition

(a) Prime Contractors are prohibited from being an OEM of any equipment being procured under this contract.

For purposes of this clause, an OEM is a company that;

(1) Manufactures a product procured under the TREX Prime Contracts with its brand name, or

(2) Resells another manufacturer’s product procured under the TREX Prime Contracts by rebranding that product to its own name and offering its own warranty, support, and licensing of the product, or

(3) Acquires a product or components and reuses or incorporates them into a new product procured under the TREX Prime Contracts with its own brand name, issuing the product its own part number.

(b) For the purpose of this clause, the term “Prime Contractor” is defined under H.2(c). For purposes of this

Prime Contract, an affiliation based upon a third party having control over two (or more) companies, and where at least one of the companies meets the definition of OEM defined in paragraph (a) above, does not in and of itself define both companies as OEMs, as long as the following conditions are met as determined by the Contracting Officer:

(1) Companies under the third party control remain separate legal entities with separate business systems, operating completely independent of each other,

(2) There is no interlocking management, shared facilities and equipment, common use of management or employees, or contractual relationships, and

(3) The potential and/or degree of risk associated with this new affiliation does not create an unfair competitive advantage for the other TREX Prime Contractors.

(c) If the Prime Contractor, after award, becomes affiliated with an OEM through a third party, and meets the criteria in paragraph (b) above, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the how and when the new affiliation was created, a detailed description that demonstrates how the affiliation meets the criteria outlined in paragraph (b) above, and any other pertinent information that would assist the Contracting Officer in making a determination on this matter. Upon timely disclosure from the Prime Contractor, the Government shall review the information on a case-by-case basis and issue a written decision in response. In addition to the provided information, the Contracting Officer will consider the degree of risk to maintaining fair competition across all Prime Contractors and administrative burden generated by this new affiliation (i.e. volume of that particular OEM’s equipment purchased under TREX, dollar value, how many orders would have to be analyzed to ensure reasonable pricing was offered by the OEM to all Prime Contractors, etc.) in order to determine if they meet or do not meet the definition of OEM based on the new affiliation.

H.4 Protecting and Handling Proprietary Information

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

The Prime Contractor shall protect such proprietary information with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. Proprietary information shall not be duplicated, used or disclosed in whole or in part, without prior 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 Prime Contractor from other sources.

(b) The Prime Contractor shall enter into written agreements with all companies whose proprietary information it receives. In addition, the contractor shall obtain individual non-disclosure agreements (NDA) from all employees who have access to such data. The Prime 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.

(c) The Prime Contractor shall include this provision, including this paragraph, in subcontracts of any tier which involve access to information covered in paragraph (a) above. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "Prime Contractor" wherever the latter appears.

H.5 RESERVED

H.6 RESERVED

H.7 RESERVED

H.8 Exercise of “Off Ramp” Procedures To ensure success of the TREX Program, each TREX Prime Contractor is required to participate in the ordering process by submitting proposals in response to all DO/TO requests for proposals, to successfully perform their DO/TOs, and to promptly improve performance when it does not meet the terms of the DO/TOs. In order to achieve the Government's goal of maximum competition under this IDIQ for all DO/TOs, the annual assessment of performance will also take into consideration the number, value, and complexity of work assigned to each holder and amount of competition achieved.

On an annual basis, the Government will review the Prime Contractor's performance based upon information obtained from all evaluation areas in the Contractor Performance Assessment Reports in CPARS. If a Prime

Contractor receives "marginal" or "unsatisfactory" CPAR ratings in any assessment area it is the Government’s intent to “off-ramp” the Prime Contractor by:

(a) Prohibiting the Prime Contractor from competing on future DO/TOs under this IDIQ;

(b) Implementing a termination for convenience (if applicable and only if such action is in the Government’s best interest); or

(c) Taking any other action which may be permitted under the TREX Prime Contract’s terms and conditions.

H.9 OCONUS Support Over the life of this contract, the Prime Contractor may be required to provide full-time support OCONUS. In addition to the required full-time support, the Prime Contractor may be required to support OCONUS TDYs and deployments, as approved. The Prime Contractor shall comply with any theater business clearance and contract administration requirements set forth by the geographic combatant commander and host nation.

Bilateral agreements that govern the status of Prime Contractor employees, criminal jurisdiction, and taxation, as well as country clearance requirements vary by country and are subject to change. Procedures and requirements, by Area of Responsibility (AOR) and country can be found at https://www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html and the DoD Foreign Clearance Guide:

https://www.fcg.pentagon.mil/fcg.cfm.

(a) For work performed in Germany, eligibility for logistics support or base privileges of Prime Contractor employees is governed by U.S.-German bilateral agreements. Follow the procedures at Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under “AE Regs & Resources.” The Prime Contractor shall ensure the Technical Expert Status Accreditation (TESA) requirements and application process are completed.

(b) For work performed in the United Kingdom, visas are required before PCSing to the UK. Failure to obtain a UK visa before arriving in the UK can result in denied entry or deportation. The UK visa, sometimes referred to as “entry stamp”, “entry visa”, “entry clearance”, “entry clearance stamp”, or “entry clearance visa” (which is separate from Country, Theater, or Special Area Clearance) must be obtained from the UK and is required for DoD-sponsored contractors and eligible family members.

(c) For work performed in Japan and Korea reference the Foreign Clearance Guide. For Japan, currently worked performed under this contract are covered by SOFA. For Korea, the U.S. Forces Korea (USFK) Policy Guidance/Instructions must be followed (Reference Section I - Contract Clauses SOFA Korea Clause).

H.9.1 Synchronized Pre-deployment and Operational Tracker (SPOT) All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Pre-deployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/. Per DFARS 252.225-7040. All Prime Contracts will be pre-loaded in SPOT by the KO. All contractors will be required to input the LOA requests per task order (TO), per employee in SPOT and send to the applicable COR for that TO. After COR approval the KO will finalize and sign the LOA in SPOT.

The Prime Contractors will each have a Point of Contact that will process the LOAs within the SPOT system. The COR will be assigned as the Government Authority and the KO approves the LOA within the system. A complete SPOT guide will be provided via email to all Prime Contractors for assistance.

The basic process for LOAs is three steps:

Step 1: COR registers in SPOT in the role of Government Authority and lists the Contracting Officer as the sponsor.

Step 2: All prime contracts will be loaded in SPOT by SOF AT&L-KH; we will pre-load authorizations, privileges per the contract, etc. and ensure all CORs are in the SPOT system.

Step 3: An LOA is requested as part of creating a deployment (from Prime Contractor) at the TO level. The LOA is assigned to a Government Authority user (the COR).

Step 4: The Government Authority (COR) reviews the LOA inbox and authorizes the LOA.

Step 5: The Contracting Officer then reviews the LOA, inserts the accounting data from the TO, and approves.

Once the KO approves the LOA it is digitally signed and available to be reviewed and printed.

H.9.2 Theater Business Clearance Clauses In accordance with DoD Policy and the CENTCOM Contracting Command (formerly the JCC-I/A), Theater Business Clearance (TBC) is required for contractor support in Iraq, Afghanistan, Pakistan, and Kuwait. TBC approval will be obtained by the Government prior to award. No action is required on the part of the Prime Contractor to receive approval. Specific TBC clauses are included within contract Attachment 7.

H.10 Procedures for Issuing, Evaluating, and Awarding DO/TOs (SOFARS 5652.216-9003 Procedures for Issuing DO/TO under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts (2015)) Note: this clause has been modified to ensure compliance with latest FAR and DFARS requirements, as well as, insertion of the TREX specific criteria for all post Prime Contract Awards.

General.

This TREX Prime Contract is designed to meet the wide and varied needs of USSOCOM. As such, both Firm Fixed Price (FFP) and Cost Type (i.e. Cost Plus Fixed Fee (CPFF) and/or Cost Reimbursable (CR)) DO/TOs may be awarded under this contract however, FFP will be the preferred contract type. The Government will determine the most appropriate DO/TO contract type for each effort. Within the limits prescribed by FAR 16.505, the Government may unilaterally deviate from these procedures at any time as required. The Government intends to award the first 4 orders, based on the 4 DO/TO proposals submitted with the Prime Contract proposal within 1 year after the Prime Contract awards are made and further discussions are not anticipated for the initial 4 DO/TO awards.

The basis of award of the 4 initial DO/TOs will be in accordance with H.10.3. The Contractor shall perform in accordance with the awarded DO/TO including all terms and conditions of the basic contract and any additional specific information awarded at the DO/TO level. DO/TOs may include option years and/or options for additional quantities as appropriate. The process for exercising DO/TO options is included in H.10.5.

H.10.1 Government Request for Order Proposals (Content and Transmission) When the Government has a requirement for work to be performed, the KO will issue an RFP containing: (1) an Instruction to Offerors (ITO) providing instructions for proposal submissions and general guidance; (2) the work to be performed via Statement of Work or other document that describes the Government’s requirements; (3) a Price Exhibit and (4) any other information considered to be of assistance to the Prime Contractor in preparing a proposal.

The RFP may be written or oral, and may be transmitted by any means including the mail, internet, e-mail, telephone, fax (unclassified or secure), or face-to-face.

Waivers.

Prime Contractors are required to submit a proposal for every requirement solicited without conflict unless granted a waiver in advance by the KO. The Prime Contractor can request a waiver by submitting a detailed statement supporting the request to the KO. All detailed statements are required to be submitted to the KO prior to the required proposal submission date/time. The only valid means for an awardee to not submit a proposal is to be granted a waiver by the KO. Fast submission timelines does not constitute a valid reason for not providing a detailed statement of reason(s) in requesting a waiver.

Ordering Authority.

DO/TOs under this IDIQ will be issued only by SOF AT&L-KI Division and its KOs are responsible for the overall contract and all DO/TOs. Ordering Authority has been NOT been granted to any other SOF AT&L-K Division.

H.10.2 Submission of Order Proposals All proposal submissions are required to be emailed, unless otherwise stated in the ITO or contains classified information. Unless otherwise specified in the ITO, the Prime Contractor shall have ten business days to submit its proposal. Some requirements may require a 1-5 business day submission (quick reaction orders, urgent or unplanned requirements, etc.).

H.10.2.1 Standard Requirements for all order Proposals Formats and File Naming Conventions:

All DO/TO proposal submissions require a very short naming convention in order for the Contracting Office to open the documents within the official electronic contract files. All file names shall include the company name (or easily recognizable abbreviation).

Format of the proposal submissions (and any resulting responses to Evaluations Notices (ENs)) shall be as follows:

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

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

Text size and spacing requirements do not apply to header and footer text.

Pages shall be dated and numbered sequentially by volume.

Proposal table of contents, cover page, acronym lists, compliance matrices, and tab dividers are not included in the page count.

Elaborate format, color representations, and bindings are not desirable. Three ring binders are preferred per Volume for required print copies. The pages in the binders shall be easily removed and replaced to facilitate page changes.

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, may be single spaced, and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the Volume, and count as two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics; not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 8 point Arial font.

Electronic copies must be provided on compact disks, read-only memory. Microsoft Office presentation and spreadsheet products are preferred. PDF files where Microsoft Office formats are not available are acceptable.

H.10.2.2 Proposal Content Unless the ITO indicates otherwise, proposals will consist of a technical volume and a cost/price volume. Alternate DO/TO proposals are only allowed if stated in the ITO. All proposals shall have a validity period stated on the proposal. A minimum of 30 days after proposal submission is required, unless otherwise stated on the ITO.

Technical Volume:

The offeror shall submit a technical proposal describing the Contractor’s Management approach to meet the applicable DO/TO SOW and Exhibit requirements. The management approach shall clearly address the following areas: How the offeror will purchase, integrate (as applicable per DO/TO), and deliver the equipment to include a proposed schedule and delivery date. In addition, offerors shall perform detailed configuration management of the equipment items listed IAW the Illustrated Parts Breakdown (IPB)s provided (as applicable). Offerors shall identify any discrepancies, to include changes in equipment configurations provided in the IPBs or Exhibit, and shall resolve any missing / incomplete information from this information provided with the vendor(s) / supplier(s) who is(are) responsible for the end item(s). Offerors shall provide the corrected data elements, configuration file updates, pictures of new equipment, etc. (as required) in order to provide a complete response. A confirmation statement shall be provided to ensure that all proposed configurations include all required hardware as outlined in each DO/TO Exhibit and IPB. Offerors shall address any additional requirements specifically outlined in the ITO, such as brand name “or equal”, warranties, etc. If the ITO requires a completed Section J, Attachment J-3, Warranty Tracking Information, this document shall be provided separately in Microsoft Excel format IAW the applicable DFARs PGI instructions.

The Technical Volume is limited to 5 pages + “or equal” submissions + Warranty Information + Configuration Supporting Documents if required.

Cost/Price – The offerors shall submit a cost/price proposal, which shall include pricing for all Exhibit Line Item Numbers (ELINS) listed on the Exhibit as well as a total. Offerors shall not re-format, delete existing formulas, or remove cells from the exhibit. All cells containing cost/price shall be rounded to two decimal places. Submission of the cost/price data shall be complete and accurate. Each ITO will inform offerors of the contract type. Some ELINS include the individual components required in a Kit. Offerors shall submit pricing for those individual components in addition to the total ELIN (kit) price. In the event an offeror is unable to provide individual component pricing for an ELIN, the offeror shall submit a detailed request (to include proof – Quote, Confirmation statement from OEM, etc.) explaining why they can’t provide this pricing to the Contracting Officer during the solicitation phase to waive this requirement on a component by component basis. Only the total ELIN price shall be included within the total DO/TO price. Offerors shall submit pricing for all ELINS as well as a total price per DO/TO.

Offerors are required to validate that the items identified on the ELIN Price Matrix are available for purchase in the required quantities. NOTE: This validation is required for and only applies to any and all Commercial Off The Shelf (COTS) items and must be provided at the time of proposal submission. In the event items will not be available for delivery, the offeror shall include in the Cost/Price Volume a completed Errata Sheet identifying each affected ELIN/Component/Subcomponent/item. If no items are identified, insert “NO ITEMS IDENTIFIED” on the Errata Sheet. If no Errata Sheet is included in the proposal the offeror will be ineligible for award.

Offeror shall adhere to payment terms and invoicing processes listed in the Base IDIQ and ITO.

SOCOM will not incorporate, attach, or otherwise reference an offeror’s proposal in any subsequent award.

Dictating terms not listed or in violation of the Prime Contract, Prime Contract SOW, ITO, or other requirement documents will result in an evaluation determination of “Technically Unacceptable” (If Lowest Price Technically Acceptable (LPTA) process is used) or be evaluated as a Deficiency (If the Tradeoff process is used).

FFP Orders:

Price shall be inclusive of all direct (i.e., direct labor, material, travel, and ODC) and associated indirect costs plus profit related to the DO/TO. All ELIN equipment unit prices must reflect all costs associated with the purchase, inspection, test, documentation, and shipment of hardware or software. Requests for Subcontractor Quotes may be requested in the ITO.

Cost Orders:

Offeror shall submit information other than cost or pricing data. Offeror shall show a clear buildup of all direct and indirect costs being proposed, to include fee. Indirect proposed rates for labor shall be based upon the business unit’s forward pricing rate recommendations as approved by DCMA or forward pricing rate agreements that are in effect at the time of the task order RFP submission, if applicable. Requests for Subcontractor Quotes may be requested in the

ITO.

H.10.3 Government Evaluation of Order Proposals The KO and the requiring activity will analyze the proposals and issue a DO/TO to the contractor whose offer provides the best value to the Government as described in the ITO. The evaluations will be conducted utilizing either LPTA or Trade-off processes in order to make the best value determination and will be outlined in the ITO. It is estimated that best value will be defined as LPTA for approximately 90% of the DO/TOs awarded.

All DO/TO proposals shall contain all information required to conduct an overall DO/TO evaluation, including all details related to price or cost as applicable. If required, negotiations or discussions may be conducted prior to issuance of any order. The standard evaluation of orders will be a technical review of proposed approach to meet SOW requirements (technical proposal), past performance (TREX orders only beginning in the second contract year may be used; information will be pulled from CPARs), and proposed cost/price, unless other criteria are stated in the

ITO.

The KO may:

Issue a DO/TO based upon the initial proposal, Open discussions or negotiate with all or some offerors Reject the proposal(s), or Cancel the requirement and notify all offerors

DO/TOs will be sent electronically to the contractor.

If an Offeror submits a proposal volume that is over the maximum amount allowed per that volume, then the KO will start counting pages, beginning with the first page provided with the volume (not including a cover page). Once the maximum amount of pages has been reached, all remaining pages will be deleted/removed and the evaluation team will not evaluate them. Excess page removal may result in an unfavorable evaluation.

DEVIATION of H.10.3 Initial 4 Delivery Orders Following Prime Contract award(s) the Government will determine the best value of the initial 4 delivery orders, based on the delivery order proposals and discussions conducted (if conducted) during the overall source selection for the Prime Contract award(s). The Government will utilize the same final color/risk ratings for Factor 3 and Final proposed price for Factor 4 per subfactor (DO), assessed during the source selection for the Prime Contract award(s). For the initial 4 delivery orders, Delivery Order Management (Factor 3) is significantly less important than Delivery Order Price (Factor 4).

H.10.4 Authorization to Proceed (ATP) on Orders In time-critical circumstances, after award decision and prior to the Prime Contractor’s receipt of the contractual instrument, the KO may direct the Prime Contractor in writing, verbally, or electronically, to commence performance of the DO/TO. If verbally authorized to proceed, it will be reiterated as soon as practical via electronic means by the KO. Otherwise, the Prime Contractor is not authorized to commence performance prior to the issuance of the DO/TO or other written or electronic notice provided by the KO. In no case shall the Prime Contractor commence work without explicit approval from the KO.

Prime Contractors must ensure that all subcontracts and/or purchase orders (to include negotiation of terms and conditions, prices, etc.) are finalized and issued to the necessary OEM, vendors, and/or suppliers in order to meet the requirements of the applicable DO/TO within 30 calendar days after receipt of either the signed DO/TO or official ATP from the KO (whichever occurs first).

H.10.5 Option Exercises at the Order Level will be accomplished in accordance with FAR subpart 17.207.

DO/TO option periods will be outlined in each DO/TO ITO. In accordance with FAR 17.207 the KO must make certain determinations prior to exercising any options. Accordingly, prior to exercising a DO/TO option the Prime Contractor may be required to provide supporting data (e.g. market research, pricing data) to assist the KO with the determinations.

H.10.6 Order Completion Within 90 days after the completion of FFP DO/TOs, an authorized representative of the contractor shall notify the Contracting Officer in writing that the DO/TO 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 DO/TO. CPFF DO/TOs will be closed out in accordance with DCMA and DCAA procedures.

H.10.7 Fair Opportunity Exceptions All multiple award Prime Contractors shall be considered for each DO/TO over $3,500.00, unless the KO determines that an exception applies IAW FAR subpart 16.505 (2)(b)(2).

H.10.8 Order Protests and Ombudsman Under the provisions of the Federal Acquisition Streamlining Act of 1994, protests are not authorized in connection with the issuance or proposed issuance of DO/TO except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract or, a protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

The Order Ombudsman is responsible for reviewing complaints regarding this IDIQ. 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.

H.11 SOFARS 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.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices OCT 2010 52.216-8 Fixed Fee JUN 2011 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2019 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.244-2 Subcontracts OCT 2010 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-19 Warranty Of Systems And Equipment Under Performance

Specifications Or Design Criteria

MAY 2001

52.246-23 Limitation Of Liability FEB 1997

52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.246-24 Alt I Limitation Of Liability--High Value Items (Feb 1997) -

Alternate I

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of…