H9240819R0001_1Oct19.pdf

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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)

DO-A1 1 97

(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.

H92408 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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

METTY, JENNIFER A. (813) 826-7975

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 10

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 15 - 17 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 18 - 22 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

23 - 74

PART II - CONTRACT CLAUSES

HQ USSOCOM

SOF AT&L-KF

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

01 Oct 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H9240819R0001

Section A - Solicitation/Contract Form

INTRODUCTION

B.1 INTRODUCTION

This solicitation is intended for Multiple Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts for Mid- Endurance Unmanned Aircraft Systems (MEUAS IV) to provide services for Intelligence, Surveillance, and Reconnaissance (ISR) worldwide. The contract will be primarily firm-fixed-price with cost reimbursable line items as noted. Each contract includes a 60-month ordering period. At time of contract award a task order(s) will be issued to meet the minimum guarantee. There are NO orders guaranteed above the stated minimum. Task Orders will be competed thereafter as requirements are identified. Option(s) may be included at the task order level. The contracts will be awarded without considering price as a factor to each and all offerors that: (i) are determined to be responsible sources under FAR subpart 9.1; (ii) submit a technically acceptable proposal that conforms to the requirements of the solicitation; (iii) and would not be likely to offer other than fair and reasonable pricing during fair opportunity competitions for task orders (hereinafter “Qualifying Offerors”), as provided for in DARS Class Deviation 2018-O0006, which implements section 825 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. No. 114-328).

The contract minimum amount is $1,500.00 per contract awarded and the contract maximum amount is $975,000,000.00 over the life of the combined contract(s).

B.2 CONTRACT LINE ITEM NUMBER (CLINs) STRUCTURE

Section J, Attachment V contains a notional CLIN structure which will be utilized for pricing at the task order level.

B.3 MULTIPLE PLATFORMS PROPOSED:

Offerors may propose multiple platforms. Please see Section L for instructions.

B.4 ON/OFF RAMPING:

On/off Ramping is detailed in Section H.

B.5 TASK ORDER (TO) PROCEDURES AND CONTRACT ADMINISTRATION:

TO Procedures and Contract Administration are detailed in Section J, Attachment 4.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each Pre-Deployment Line-of-Sight

FFP

The contractor shall provide all efforts necessary to establish a new Mid- Endurance Unmanned Aircraft System (MEUAS IV) location using contractor-owned-contractor-operated systems and equipment in accordance with the Performance Work Statements (PWS) (contract and task order level) and the basic contract. Pre-deployment includes, but is not limited to deployment of personnel, initial site equipment, initial spares, Pre-Deployment Site Survey (PDSS), activities including travel, shipping and other associated efforts required to bring a site operational. Period of performance is No Later Than (NLT) 90 days after effective date of the task order.

FOB: Destination

PSC CD: L015

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each Pre-Deployment (Supplemental)

FFP

This CLIN will be utilized for post award pre-deployment activities, i.e. the post award addition of a spoke, changes in the Government's requirement, or when the Contracting Officer determines the effort is in scope of this CLIN.

This CLIN will be negotiated at the task order level, when determined necessary by the Contracting Officer.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Hours Flight Hours

FFP

This hourly CLIN will reflect all non-Pre-Deployment costs associated with equipment utilized for flight operations. This CLIN will be billed only for flight hours accomplished.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Days Availability

FFP

This CLIN is a daily rate that reflects all necessary costs to ensure the 24/7 availability of the contractor personnel for mission tasking.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Hours Flight Hours (Supplemental)

FFP

This CLIN will be utilized for supplemental ISR Services, i.e. the post award addition of a spoke, changes in the Government's requirement, or when the Contracting Officer determines the effort is in scope of this CLIN. This CLIN will be negotiated at the task order level, when determined necessary by the Contracting Officer.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Days Availability (Supplemental)

FFP

This CLIN will be utilized for supplemental fielded support, i.e. the post award addition of a spoke, changes in the Government's requirement, or when the Contracting Officer determines the effort is in scope of this CLIN. This CLIN will be negotiated at the task order level, when determined necessary by the Contracting Officer.

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Months Travel

COST

This CLIN will be utilized to reimburse the contractor for those sites without a military dining facility (DFAC). Overheads allowed: G&A. Other uses will require the preapproval of the contracting officer. All charges will be in accordance with Federal Acquisition Regulation (FAR) 31.205-46.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Months Logistical Support

FFP

Negotiated on an as needed basis.

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Each Integration

CPFF

Negotiated on an as needed basis in support of new payload integration nonrecurring engineering requirements and testing or as approved in scope by the Contracting Officer. Period of Performance will be established on each individual task order, if ordered.

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Hours Capabilities Differential (Supplemental)

FFP

This CLIN shall be negotiated post award at the task order level when the integration of a new capability results in a price differential in the hourly rate for flight hours or as deemed in scope by the Contracting Officer (CLIN X003).

UNIT UNIT PRICE MAX AMOUNT

0011 UNDEFINED Each

RESERVED

FFP

This CLIN will be used at the discretion of the contracting Officer to support any negotiated agreement or settlement, within scope of the contract, not covered by another CLIN.

UNIT UNIT PRICE MAX AMOUNT

0012 UNDEFINED

Use of DoD Test Ranges (NSP)

FFP

For DoD test ranges that offer the opportunity, the Contractor is authorized to receive test services from a Major Range Test Facility Base and receive the Government furnished rate for MEUAS IV activities only. All costs incurred for this testing will be paid for by the contractor and reimbursed through other CLINs in the contract. The contractor must comply with all regulations and restrictions applicable to the test range facility.

UNIT UNIT PRICE MAX AMOUNT

0013 UNDEFINED Each Post Deployment

FFP

The contractor shall prepare and return all personnel and equipment from deployed location in accordance with all applicable sections of the PWS within 30 days of end of deployment.

UNIT UNIT PRICE MAX AMOUNT

0014 UNDEFINED

Contract Data Requirements List (NSP)

FFP

CDRL A001 - A008 (applicable as stated in the Performance Work Statement)

UNIT UNIT PRICE MAX AMOUNT

0015 UNDEFINED Each Kick-off Meeting

COST

The contractor shall be paid a one-time compensation for attendance of a Kick-off Meeting with the Government. All charges will be in accordance with Federal Acquisition Regulation (FAR) 31.205-46.

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

Section C - Descriptions and Specifications. The contractor shall perform all work in accordance with the Performance Work Statement (PWS) listed as Attachment 1 in Section J and as cited on individual task orders issued under this contract. Additional details regarding DD1423, Contract Data Requirements Lists are specified as Exhibit A listed in Section J of the contract.

Section D - Packaging and Marking

MARK FOR

The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE TERM

Inspection and Acceptance are at destination by the Government unless otherwise indicated on the individual task orders.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991

Section F - Deliveries or Performance

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 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO (Firm Fixed Price CLIN) and COST VOUCHER (COST CLIN)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC H92408

Admin DoDAAC** H92408

Inspect By DoDAAC F2VUB0

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F2VUB0

Service Acceptor (DoDAAC) F2VUB0

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

To be determined at time of award

The Acceptance DoDAAC is F2VUB1.

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact: Contracting Officer’s Representative (to be determined).

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contracting Officer: jennifer.metty@socom.mil or

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

5652.216-9000 Fixed Fee Information (2003)

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

(end of clause)

Section H - Special Contract Requirements

SECTION H CLAUSES

H.1. INITIAL TASK ORDER

Each awardee will receive an initial task order to attend a post award kick-off meeting, which will meet the contract minimum guaranteed purchase amount requirement of $1500.00. The kick-off meeting will require the attendance of at least the IDIQ Program Manager and the Logistics Manager. The post award kick-off meeting will be conducted within 30 calendar days of contract award at a location within the vicinity of Tampa, Florida. This CLIN will be cost reimbursable for travel costs allowable under FAR 31.205-46 and the fully-burdened labor rate of the awardee’s participating employees during the meeting.

H-2. ON/OFF RAMP PROCEDURES

(a) On-Ramp. The Government intends to establish a pool of contract holders under the MEUAS IV effort by awarding an IDIQ contract to each and all Qualifying Offerors based on the specific MEUAS platforms proffered by each offeror and approved by the Government during award of the MEUAS IV IDIQ contract. The Contracting Officer intends to periodically review the need for additional contractors and additional platforms, and may reopen the MEUAS IV IDIQ contract competition at any time during the term of the contract for either purpose. When the Contracting Officer decides to open an On-Ramp event, it will be announced via FedBizOpps.

(i) New MEUAS IV IDIQ Contract Holders. Existing MEUAS IV IDIQ contract holders may not participate in an On-Ramp event to add new contract holders. A new contract holder On-Ramp event will use the same evaluation methodology and documentation, updated to reflect any changes in statutory or regulatory provisions, established in the initial H9240819R0001 solicitation. Each new awardee will compete with existing MEUAS IV contractor holders for all subsequent task orders (excluding an initial order to meet the minimum guaranteed purchase amount).

New contract holders will compete for task orders with established contract holders without any special considerations. On-Ramp events for new awardees will not cause an increase in the contract ceiling, and the ordering period for new awardees under the MEUAS IV IDIQ contract will be the amount of time remaining on the ordering period for existing contract holders. The Government will not consider unsolicited requests for a new awardee On-Ramp event. At the conclusion of an On-Ramp event, the Contracting Officer may reject all proposals submitted by offerors under a new contract holder On-Ramp event.

The costs to participate in a new contract holder On-Ramp event shall be borne wholly by each offeror.

(ii) Established MEUAS IV IDIQ Contract Holders. Existing MEUAS IV IDIQ contract holders may participate in an On-Ramp event to add a new MEUAS platform or platforms to their contracts. A new platform On-Ramp event will use the same evaluation methodology and documentation, updated to reflect any changes in statutory or regulatory provisions, established in the initial H9240319R0004 solicitation. The costs to participate in a new platform On-Ramp event shall be borne wholly by each participating contract holder. No contract holder will be penalized for failure to have their proffered platform accepted or for choosing not to participate in a new platform On-Ramp event.

(b) Off-Ramp.

The Government reserves the right to eliminate (i.e., “off-ramp”) a contract holder from the pool of MEUAS IV IDIQ contract holders if a contract holder has no active task orders and: (i) has been in Dormant Status for more than twelve months; or (ii) has not participated in any fair opportunity competitions for which it was eligible during the twelve-month [or other] period immediately prior to elimination.

H.3. DORMANT STATUS

The MEUAS IV IDIQ contract provides a means to deploy ISR services for Special Operations Forces (SOF) worldwide, and is therefore of crucial importance to national security and the successful execution of SOF missions.

Consequently, MEUAS IV must be reserved for contract holders that demonstrate dedication to the SOF mission.

Accordingly, if the MEUAS IV KO determines that any requirement of the MEUAS IV IDIQ contract is not being met by a contract holder, or if any contract holder fails to participate in three fair opportunity competitions in any twelve-month period, the contract holder may be placed into Dormant Status.

If Dormant Status is activated, the contract holder shall not be eligible to receive any task order awards. However, contract holders placed in Dormant Status shall continue performance on previously awarded and active task orders, including the exercise of options and modifications at the task order level.

Dormant Status is not a Debarment, Suspension, or Ineligibility as defined in FAR subpart 9.4 or a Termination as defined in FAR part 49. Dormant Status is a condition that applies to the MEUAS IV IDIQ contract only. Grounds for being placed in Dormant Status specifically include, but are not limited to, trends or patterns of behavior associated with the failure to meet the deliverables and compliances specified in the MEUAS IV IDIQ contract and any task order issued to the contract holder.

Dormant Status will only be imposed after careful consideration of the situation and collaboration with the contract holder to resolve the issues. To place a contract holder in Dormant Status, the MEUAS IV KO must first send a letter to the contract holder regarding the poor performance, non-participation, or non-compliance issue. The contract holder shall have reasonable time, at the discretion of the MEUAS IV KO, to provide the MEUAS IV KO with a remediation plan to correct the issue(s). If the MEUAS IV KO is satisfied with the contract holder’s response, the contract holder will not be placed in Dormant Status. If the MEUAS IV KO is not satisfied with the response, or the remediation plan is not effective, the MEUAS IV KO may issue a final decision, in writing, placing the contract holder in a Dormant Status. The MEUAS IV KO’s final decision may be appealed to the USSOCOM Ombudsman under section 8 of the MEUAS IV Task Ordering Procedures. This appeal process does not waive the contract holder’s right to appeal to the Armed Services Board of Contract Appeals or United States Court of Federal Claims.

H.4. TECHNICAL IMPROVEMENTS

After contract award, the Government may solicit, or the Contractor may propose, technology improvements to the equipment, software, procedures or other necessary means of rendering the required services under the contract. For purposes of this contract, these improvements will be considered Engineering Change Proposals and Engineering Change Orders. These improvements may be proposed to save money, save energy, improve performance or for any other purpose which presents a technological advantage to the Government. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract.

(a) As a minimum, the following information shall be submitted by the Contractor with each proposal:

(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;

(2) Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change;

(3) An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal;

(4) An evaluation of the effects the proposed changes would have on collateral costs to the Government, such as Government-furnished property costs, costs of related items, and costs of maintenance, operation and conversion (including Government application software);

(5) A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract including supporting rationale;

(6) Any effect on the contract completion time or delivery schedule; and

(7) A price proposal to the Contracting Officer for evaluation.

(b) The Government reserves the right to require a rerun of the entire live test demonstration, or selected portions thereof, to verify the proposed technical improvement, at no charge to the Government.

(c) Technical improvements may not be proposed with a task order proposal. All technical improvements must be approved by the Contracting Officer before they may be incorporated into a task order proposal.

(d) The Government will not be liable for technical improvement proposal preparation costs or any delay in acting upon any technical improvement proposal submitted pursuant herein. The Contractor has the right to withdraw, in whole or in part, any technical improvement proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer regarding the acceptance of any such technical improvement proposal under this contract is final and not subject to the “Disputes” clause of this contract.

(d) The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This notice may be given by letter, email, or a modification to this contract. However, unless and until a contract modification is executed to incorporate a technical improvement proposed under this contract, the Contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract.

H.5. TASK ORDERING PROCEDURES AND CONTRACT ADMINISTRATION

See Section J, Attachment 4.

H.6. MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS

This clause applies to all service solicitations and resulting contracts for performance OCONUS (except the Afghanistan Area of Responsibility sites which shall use 5151.225-7016 from the Theater Business Clearance Contracting Officer’s Guide.)

MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS

(JUNE 2019)

(a) U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations, U.S. and Coalition personnel operating outside of installations, and U.S. or Coalition-funded developmental projects Outside the Contiguous United States (OCONUS). This authority allows commanders to administratively and physically control access to installations and/or project sites, and to bar contracts – including prime contractors, subcontractors at any tier, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

(b) The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any contract that includes this clause; requires that the prime Contractor/Vendor, and all subcontractors under any affected contracts be initially eligible – and remain eligible during the entire period of contract performance to include any warrant period – for installation access to a U.S.

and/or Coalition installation, regardless of whether the performance will take place on or off a U.S. or Coalition installation.

(c) To be eligible for installation access, Contractors and subcontractors at all tiers are required to be registered in the SPOT database (further information at https://www.acq.osd.mil) and are responsible for keeping the information in the this system current at all times. Prime Contractors and subcontractors at any tier may be updated by the company administrator in the system for government approval. The offeror must have all credentials required for SPOT to be eligible for installation access prior to award, and remain eligible for installation access for the life of the contract.

(1) The offeror is required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer with the submission of the proposal, and provide updates during the life of the contract when subcontractors are added or removed. If no subcontractors are expected to perform during the life of the contract, the offeror must submit a negative response to the Contracting Officer with its proposal. After award, the prime contractor must submit a negative response to the contracting officer at the beginning of each performance period.

(2) Failure to be approved in SPOT – and thereby be eligible for installation access at the Prime and subcontractor levels – or failure to inform the contracting officer of the names of all prospective subcontractors (or provide a negative reply), may render the offerors/contractor ineligible for award or continued performance. Additionally, any firm that is declared ineligible for installation access will be deemed non-responsible until such time as that firm is again deemed eligible by the appropriate access approval authority.

(d) Installation access determinations arise from the Forward Base Commander’s inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. or Coalition installation base access eligibility must be directed to the authority responsible for base access decisions.

(End of Clause)

H.7. CENTCOM CLAUSES

Applicable U.S. Central Command (CENTCOM) clauses are located in Section J, Attachment 3.

H.8 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013)

(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.

Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

(c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor’s network(s) or information system(s). Breaches include unauthorized intrusions of the contractor’s server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor’s data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer.

(d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract.

Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer.

(e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

(end of clause)

5652.209-9003 Use of Contractor Support/Advisory Personnel (2015) Section H (Revised August 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

52.204-24

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision-- Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

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 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 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

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.210-1 Market Research APR 2011 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-21 Alt II Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate II

OCT 1997

52.215-23 Alt I Limitations on Pass-Through Charges (Oct 2009) - Alternate I OCT 2009 52.216-7 Allowable Cost And Payment AUG 2018 52.216-8 Fixed Fee JUN 2011 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-2 Payment For Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 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

52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts 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

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-2 Service Of Protest SEP 2006 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 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 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 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-2 Subcontracts OCT 2010 52.244-6 Subcontracts for Commercial Items JAN 2019 52.245-1 Government Property JAN 2017 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012

52.246-25 Limitation Of Liability--Services FEB 1997 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.248-1 Value Engineering OCT 2010 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 52.251-1 Government Supply Sources APR 2012 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 Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

MAY 2019

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.228-7003 Capture and Detention DEC 1991 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997 252.235-7003 Frequency Authorization MAR 2014 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services

DEC 1991

252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.246-7001 Warranty Of Data MAR 2014 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Alt I Transportation of Supplies by Sea (FEB 2019) Alternate I FEB 2019

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil/HOTLINE/index.html

(i) Appropriate agency name(s) and/or…