Source_Selection_Plan_-_Service_Now.pdf

Source Selection Plan

SNOWY EAGLE

5/30/2018

X

Signed by: STORMS.JESSICA.M.1365208111

Approved By: Jessica Storms Source Selection Authority(SSA)

TABLE OF CONTENTS

SECTION TITLE

SECTION 1 BACKGROUND AND OBJECTIVES

SECTION 2 ACQUISITION STRATEGY

SECTION 3 SOURCE SELECTION TEAM

SECTION 4 EVALUATION FACTORS AND SUBFACTORS

SECTION 5 SCHEDULE OF EVENTS

SECTION 6 SECURING SOURCE SELECTION MATERIALS

APPENDIX A SOURCE SELECTION PARTICIPATION AGREEMENT

SECTION 1 – BACKGROUND AND OBJECTIVES

USCYBERCOM’s requirement is to procure a single service management platform to provide an IT Service Management solution and custom application development platform. The primary intent of this acquisition is to acquire a single enterprise technology platform in order to replace legacy, inefficient ways of conducting service automation and custom application development (SharePoint, email and spreadsheets). The single platform must support ITIL best practices, provide a single code base, a single data model and a consolidated workflow engine.

The platform must provide a centralized CMDB along with automated configuration item (CI) and asset discovery in order to maintain IT asset inventory. This platform must also provide a set of pre-built services and templates to allow for rapid application development (RAD) for custom applications across the USCYBERCOM enterprise. The platform must be able to automate business processes through drag-and-drop workflows while providing deep dive reporting, predictive analytics and knowledge management capabilities. The platform must support a “build once – deploy across multipole security enclaves” without requiring additional development efforts to customize to a security enclave. The ITSM solution selected will be installed across the USCYBERCOM/ National Security Agency (NSA) unclassified, secret and top-secret networks.

Based on this set of requirements and evaluation of the commercial software vendors, USCYBERCOM has selected the ServiceNow product for implementation within USCYBERCOM. The objective is to acquire support services covering a full range of technical, functional and managerial expertise to support USCYBERCOM ServiceNow program initiatives.

SECTION 2 – ACQUISITION STRATEGY

The resulting contract action will be a competitive acquisition for a GSA Blanket Purchase Agreement (BPA). A single award GSA BPA will be established, which allows the customer to meet specific service requirements via orders.

The requirement will be for a five-year ordering period, where orders can be issued as a Firm Fixed Price (FFP) or on a Time and Management Basis (T&M).

SECTION 3 – SOURCE SELECTION TEAM

A. The evaluation and selection of the successful Offeror will be performed by the following source selection team:

1. Source Selection Authority (SSA)

2. Source Selection Evaluation Board (SSEB)

3. Procuring Contracting Officer (PCO)

B. RESPONSIBILITIES OF THE SOURCE SELECTION TEAM.

1. Source Selection Authority: The SSA will make the final determination of the Offeror selected for award. The SSA in making a selection is not bound by the findings of the SSEB. The SSA is only limited in that his/her selection must have a rational basis in terms of the evaluation factors in the solicitation and must meet all legal and procedural requirements of the evaluation process. The final decision, which will be an integrated assessment based on the entire evaluation process, will be executed by the SSA. The SSA is responsible for the proper conduct of the source selection process and for making the final source selection decision. The SSA, at a minimum, shall:

a. Ensure the proper conduct of the source selection process and make the final source selection decision.

b. Ensure that the Source Selection Plan (SSP) and evaluation criteria are consistent with the requirements of the solicitation and applicable regulations.

c. Review and provide concurrence to the decision to release the solicitation.

d. Approve the source selection plan.

e. Ensure that personnel with the requisite skills, expertise, and experience to execute the SSP are appointed to the SSEB.

f. Ensure that conflicts of interest, or the appearance thereof, are avoided.

g. Ensure that premature or unauthorized disclosure of source selection information is avoided.

h. Ensure that the source selection process is conducted in accordance with applicable laws and regulations.

i. Select the successful Offeror and ensure that supporting rationale is documented in Source Selection Decision Document before contract award.

3. Source Selection Evaluation Board. The SSEB evaluators will consist of a

Chairperson supported by a team of evaluators. The SSEB Chairperson, at a minimum:

a. Ensure that the SSEB members understand the criteria for the evaluation of proposals so that there is a uniformity of approach in the rating effort.

b. Be responsive to the guidance and special instructions of the SSA.

c. Provide such briefings and consultations as may be required by the SSA.

d. Assure the adequacy and overall quality of the narrative justification for the evaluation results.

e. Require the assigned members’ attendance at the meetings and conferences of the SSEB and assign work necessary for the accomplishment of its mission.

f. Relieve members from assignment in the event of a demonstrated emergency or other cause.

g. Require members to work overtime, when necessary.

h. Assure the safeguarding of sensitive information used by the SSEB.

i. Plan the security requirements of the SSEB and the work site and ensure their accomplishment when the SSEB is convened.

j. Establish the agenda and the schedule for SSEB meetings.

k. Supervise the preparation of needed documentation to support evaluation findings.

l. Transmit appropriate SSEB records to the Contracting Officer.

The SSEB, at a minimum:

a. Conduct a comprehensive review and evaluation of technical proposals against the solicitation requirements and the approved evaluation criteria.

b. Provide information for debriefings of unsuccessful Offerors.

c. Identify discriminating factors amongst Offerors to aid the SSA in the selection process.

d. In conjunction with the SSA, meet, at a minimum, to determine that meaningful discussions are concluded prior to the Request for Final Proposal Revisions.

e. Prepare and submit the SSEB evaluation reports to the SSA.

f. Brief the SSA, as requested.

4. Procuring Contracting Officer. The PCO will:

a. Act as an advisor to the SSEB.

b. Act as a point of contact between the Government and the Offerors.

c. Pursuant to FAR 15.404-1, be responsible for evaluating the reasonableness of price.

d. Determine which Offerors are within the competitive range.

e. Award the contract.

f. Chair all required debriefings.

Based on the anticipated value of the contract, the PCO shall serve as the SSA.

SECTION 4 – EVALUATION FACTORS AND SUBFACTORS

A. BASIS FOR AWARD

ADDENDUM TO FAR 52.212-2 - EVALUATION—COMMERCIAL ITEMS

Addendum to Paragraph (a). Paragraph (a) is changed to read as follows:

The Government will issue a GSA Blanket Purchase Agreement from this solicitation to the responsible offerors whose offer conforms to the solicitation. Factor I (Technical Acceptability), Factor II (Price), and Factor III (Facility Clearance).

Factor I, (Technical Acceptability) is significantly more important than Factor II (Price).

Factor III (Security) stands apart from all other factors in these criteria. It will be assessed as pass/fail and will not be used as part of any tradeoff associated with this evaluation due to the fact that all offerors must meet the requirements of Factor III (Security) to be considered for award. Failure to receive a “Pass” rating in this criteria shall render the proposal unacceptable and the proposal will not be considered for award.

The overall evaluation criteria for this solicitation are as follows:

FACTOR I – TECHNICAL ACCEPTABILITY – Proposals will be evaluated to determine whether the offeror demonstrates an ability to meet the technical requirements specified in the solicitation. All sub-factors are of equal importance. The following sub-factors will be used to aid in the Government’s evaluation of an offeror’s ability to meet the technical requirements of the solicitation.

a. Sub-factor one (1): The Government will evaluate the offeror’s response to performing against the proposed CONOPS for the HR Tool Kit and demonstrate the degree to which it would be able to perform the tasking.

b. Sub-factor two (2): The Government will evaluate the offeror’s response to performing against the proposed CONOPS for the SSO Tool Kit and demonstrate the degree to which it would be able to perform the tasking.

c. Sub-factor three (3): The Government will evaluate the offeror’s response to performing against the proposed CONOPS for the Asset and Configuration Management Tool Kit demonstrate the degree to which it would be able to perform the tasking.

d. Sub-factor four (4): The Government will evaluate the offeror’s ability develop custom applications and use cases, to include innovation, to support the United States Cyber Command.

Combined Technical/Risk Ratings

The Government will utilize the combined technical/risk rating system for the evaluation of all proposals against Factor 1 (Technical Acceptability) of the source selection criteria. Table 1 below outlines the ratings and their descriptions:

Section 4. Table 1. Combined Technical/Risk Ratings

Rating Description Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal

Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

To support the Technical Acceptability noted above, the Government shall use the following definitions in Table 2:

Section 4. Table 2. Definitions of Strengths and Weaknesses

Rating Description

Exceptional Strength

An exceptional aspect of an Offeror’s proposal that has merit and exceeds specified performance or capability requirements in a way beneficial to the Government, and either will be included in the contract or is inherent in the Offerorr’s process.

Major Strength An outstanding aspect of an Offeror’s proposal that has merit and exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Strength An aspect of an Offeror’s proposal that has merit and exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Meets Standard

An aspect of an Offeror’s proposal that meets specified performance or capability requirements. Neither a strength nor a weakness.

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a proposal to meet a Government requirement or combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

FACTOR II –PRICE –

This section shall have two sub-factors:

a. Sub-factor 1: The Offeror is to map the labor categories in the SOW to the GSA Schedule so it can be verified the appropriate qualifications are provided. This shall be evaluated as a pass/fail in accordance with Section 4, Table 4.

b. Sub-factor 2: Price proposals will be evaluated based off a percentage discount from

GSA Schedules for supplies and services. Pricing for the ordering period (of five years) shall be clearly stated and incorporated into the final BPA for all GSA labor categories and software. The pricing discounts shall be made available to all categories or products added to the GSA schedule for the life of the ordering period.

For trade off purposes, pricing for initial three (3) orders will be used and combined with the total cost of the initial software purchases (Section 4, Table 3).

No adjectival rating will be applied.

Section 4. Table 3. Initial Product Ordering Product: Initial Order:

IT Service Management with Performance Analytics

1,000 unrestricted users

Now Platform Unlimited Custom Apps

1,000 unrestricted users

Discovery Application 250 nodes Software Asset Management

FACTOR III - SECURITY

All sub-factors are evaluated on a Pass/Fail basis. If the Offeror receives a rating of Fail in any of the sub-factors they are considered ineligible for award.

a. Sub-factor one (1): Did the Offeror demonstrate they posses a Facility Clearance Level (FCL) of Top Secret/SCI Level by the due date of the proposal response.

b. Sub-factor two (2): Did the Offeror demonstrate how they are able to hire personnel cleared, or clearable, to the TS//SCI level on a continuous basis.

The Contracting Officer will forward a list of all proposals to the SSO, USCYBERCOM to verify the security clearance level for each offeror.

Table 4 demonstrates the definition for Pass/Fail.

Section 4. Table 4. Definitions of Pass and Fail

Pass The proposal meets the requirements of Factor 2 (Price) or Factor 3

(Security).

Fail The proposal does not meet the requirements of Factor 2 (Price) or

Factor 3 (Security).

B. PROPOSAL PREPARATION INSTRUCTIONS PROVIDED TO OFFERORS

ADDENDUM TO FAR 52.212-1 -- PROPOSAL PREPARATION AND SUBMISSION

INSTRUCTIONS

1. General

a. Addendum to Paragraph (c) Period for acceptance of offers: Paragraph (c) is changed to read as follows: The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the proposal due date, unless another time period is specified in an amendment to the solicitation.

b. Addendum to Paragraph (e) Multiple offers. Paragraph (e) is changed to read as follows:

Multiple offers presenting alternative terms and conditions will NOT be accepted.

c. Addendum to Paragraph (h) Multiple awards. Paragraph (h) is changed to read as follows:

The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. The Government may accept any item or group of items of the offer. USCYBERCOM intends to award a single contract as a result of this solicitation. Multiple awards shall not be made as a result of this solicitation.

d. Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows: The Government intends to award without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best approach/terms for technical, past performance, and price.

However, despite this intent, the Government reserves the right to conduct discussions if the Source Selection Authority (SSA) determines they are necessary. If the SSA determines that discussions are necessary, a competitive range will be established. In the event issues pertaining to a proposed contract cannot be resolved to the SSA's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

e. Addendum to Paragraph (l) Debriefing. Paragraph (l) is changed to read as follows: The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions. The Contracting Officer (KO) will notify unsuccessful offerors of the source selection decision in accordance with FAR 15.503. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of FAR

15.505 or 15.506, as applicable. Excluded Offerors are only entitled to one debriefing.

However, if discussions are required, the KO will notify offerors of any decision to exclude them from the competitive range; whereupon, they may request and receive a debriefing in accordance with FAR 15.505. Offerors excluded from the competitive range may request a pre-award debriefing or they may choose to wait until after the source selection decision to request a post-award debriefing. Offerors excluded from the competitive range are entitled to no more than one debriefing. The KO will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

f. Addendum to Paragraph (b) Submission of Offers: In addition to those requirements as stated in paragraph (b),the following are added and shall apply to the submission requirements in response to this solicitation:

2. Offeror Structure, Content and Additional Instructions

a. General Guidance

This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the

Statement of Work (SOW). Non-conformance with the instructions provided in this Information to offerors may result in removal of the proposal from further evaluation.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements.

Offerors shall assume that the Government has no prior knowledge of their capabilities and experience and will base its evaluation on the information presented in the offeror’s proposal.

Portions of the successful offeror’s proposal may be incorporated into the contract as an attachment in the award document. Specifically, discounts off the GSA schedule and clearance information. The proposal should be written in binding terms, as a means to evaluate all competitive factors.

b. Point of Contact

The contracting officer (KO) and the contract specialist (CS) are the sole points of contact for this procurement. Address any questions or concerns you may have to the KO and CS.

Written requests for clarification must be sent to the KO at the email address located below.

Contracting Officer Name: Jessica Storms Organization/Office Symbol: CYBERCOM, CDG ACQ Phone No.: (443) 634-5534 E-Mail Address: jmstorm@cybercom.mil

Contract Specialist Name: Robert Sheehan Organization/Office Symbol: CYBERCOM CDG ACQ Phone No.: (410) 854-3914 E-Mail Address: rasheeh@cybercom.mil

All replies must CC’ the CYBERCOM alias email: uscybercom_proposals@cybercom.mil

c. Discrepancies

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing.

d. Electronic Reference Documents

All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fedbizopps.gov. Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

e. Communications

Exchanges of source selection information between Government and offerors will be controlled by the KO or CS. Evaluation notices and responses will be transmitted as emails and will be treated as source selection information. Questions/comments are due no later than 4 JUNE 2018 at Noon (EDT). Questions submitted after the deadline may not be answered. Questions/comments will only be responded to if received via email to the proposal alias. Please reference the company name and solicitation in the email title when submitting questions.

No information concerning this solicitation or requests for clarification will be provided in response to offeror initiated telephone calls. All such requests must be made in writing and submitted to the KO and CS as directed above. All questions/comments provided in a timely manner will be answered in writing and provided to all offerors via FBO. However, because of administrative time, written inquiries may not be answered when requests are received by the Government points of contact after the original due date for receipt of questions as specified in this solicitation. The timeframe for submitting inquiries will not be extended as a result of an extension to the due date for the receipt of offers unless authorized by the KO.

f. Page Size and Format

A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. The technical and past performance volumes of the proposal are to be submitted as an MSWord or PDF document. The price volume shall be submitted via MS Excel, in executable format. The font size and type for proposal submission shall be no smaller than 10 point Times New Roman (to include tables and graphs). The margins shall be 1 inch (all 4 sides). The Government is not responsible for correcting formulas in the offeror’s price volume.

g. Page Limitations

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of the proposal. The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements of this solicitation. Cover pages, tables of contents, Past Performance Questionnaire, and glossaries shall not be counted as part of a proposal’s page count. The following page limits have been established for all proposals in response to the solicitation:

Section 4. Table 4. Page Limitations

VOLUME TITLE PAGE LIMIT

Cover Letter 2 Factor I (Technical Acceptability) 15 Factor III (Price) No Limit Factor III (Security) 1 Reps and Certs No Limit

h. Proposal Submission

Proposals may only be submitted electronically via email to both the Contracting Officer and Contract Specialist listed in the solicitation by the due date and time on the solicitation.

USCYBEROM’s file size limit per email is 10MB. Offeror’s whose proposals require the submission of more than one email shall use the subject line to identify the number of emails being sent. For example, “ABC Company Proposal e-mail 1 of 3”.

i. Proposal Organization

Each proposal shall be organized and presented following format and page limits identified in Table 2 (Proposal Organization) below. The following are the specific details required to be submitted with each offer in response to this solicitation:

Section 4. Table 5. Proposal Organization

VOLUME VOLUME TITLE

I Cover Letter I Factor I (Technical Acceptability) II Factor II (Price) II Factor III (Security)

COVER LETTER

The Cover Letter shall include:

a. Complete Business Mailing Address

b. Tax identification number (TIN)

c. Dun & Bradstreet Number (DUNS)

d. Cage Code/NAICS Code

e. Contact Name, Phone, Fax, and email address

f. Clear statement that the proposal is valid for a minimum of 120 days from the closing of the

RFP.

g. Assumptions or exceptions if any.

VOLUME I– TECHNICAL PROPOSAL (FACTOR I)

The offeror’s Technical Proposal shall address the following sub-factors in separate sections. A reading of these sections should leave an evaluator with a detailed understanding of the offeror’s technical ability for meeting all aspects of the technical requirements of the solicitation without having to search throughout the entire proposal to piece together the offeror’s response. A poorly written response creates confusion for the evaluator and decreases the likelihood of an offeror being deemed acceptable.

a. Sub-factor one (1): The Offeror will offer a plan to perform the CONOPS for the HR Tool Kit.

b. Sub-factor two (2): The Offeror will offer a plan to perform the CONOPS for the SSO Tool Kit.

c. Sub-factor three (3): The Offeror will offer a plan to perform the CONOPS for the Asset and Configuration Management Tool Kit.

d. Sub-factor four (4): The Offeror’s will demonstrate its ability to develop custom applications and use cases, to include innovation, to support the United States Cyber Command.

VOLUME II – PRICE PROPOSAL (FACTOR II)

a. Sub-factor one (1): The Offeror shall reference the GSA schedule and indicate the discounts associated for the full ordering period. The Offeror shall provide a mapping of the labor categories in the SOW to the GSA Labor categories, in order for the Government to be able to clearly verify the categories meet the minimum requirements.

b. Sub-factor two (2): The Offeror shall provide a priced proposal to complete the three initial orders. The pricing shall include the discounted rates for supplies and services outlined in the above instruction. The pricing shall also include the proposed discounted pricing for the initial product purchases listed in Section 4, Table 3. The Government shall perform a mathematical verification.

VOLUME II – SECURITY (FACTOR III)

a. Sub-factor one (1): The Offeror must demonstrate they posses a Facility Clearance Level (FCL) of Top Secret/SCI Level by the due date of the proposal response.

b. Sub-factor two (2): The Offeror shall demonstrate how they are able to hire personnel cleared, or clearable, to the TS//SCI level on a continuous basis.

SECTION 5 – SCHEDULE OF EVENTS

The following schedule of significant events delineates the steps that will be accomplished during this source selection:

Issue Solicitation 30 May 2018 Questions Due on Solicitation 4 June 2018 Receive Proposals 15 June 2018 Conduct Initial Evaluation 22 June 2018 SSA Decision 29 June 2018

SECTION 6 – SECURING SOURCE SELECTION MATERIALS

After release of the RFP, the KO shall serve as the sole focal point for inquiries from actual or prospective Offerors. Government personnel will not engage in discussions with industry.

Meetings among government personnel concerning the source selection will be held on an as-needed basis. These meetings will be predominantly for proposal evaluation, documentation preparation, and decision-making. If a need arises to change any requirements, those changes will be submitted for approval to the program manager and SSA. Any approved requirements changes shall be documented in the source selection documentation and solicitation.

All source selection materials shall be secured while not in use by a member of the source selection.

APPENDIX A

SOURCE SELECTION PARTICIPATION AGREEMENT

Name:

Job Title: Organization:

Source Selection: ServiceNow

Date:

Briefing Acknowledgment

1. I acknowledge I have been assigned to the source selection (or position) indicated above. I am aware that unauthorized disclosure of source selection or proprietary information could damage the integrity of this procurement and that the transmission or revelation of such information to unauthorized persons could subject me to prosecution under the Procurement Integrity Laws or under other applicable laws.

2. I do solemnly swear or affirm that I will not divulge, publish, or reveal by word, conduct, or any other means, such information or knowledge, except as necessary to do so in the performance of my official duties related to this source selection and in accordance with the laws of the United States, unless specifically authorized in writing in each and every case by a duly authorized representative of the United States Government. I take this obligation freely, without any mental reservation or purpose of evasion and in the absence of duress.

3. I acknowledge that the information I receive will be given only to persons specifically granted access to the source selection information and may not be further divulged without specific prior written approval from an authorized individual.

4. If, at any time during the source selection process, my participation might result in a real, apparent, possible, or potential conflict of interest, I will immediately report the circumstances to the Source Selection Authority.

5. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress);

Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.

6. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

7. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

8. All personnel are requested to check the applicable block:

I have submitted a current OGE Form 450, Executive Branch Confidential Financial Disclosure Report, as required by DODD 5500.07, Standards of Conduct.

I am not required to submit an OGE Form 450.

I have submitted a current SF278, Executive Branch Confidential Financial Disclosure

Report, as required by DODD 5500.07, Standards of Conduct I am not required to submit a Form SF278

Neither I, nor anyone in my immediate family, have any financial interest in any company involved in this procurement as either a prime contractor or as a subcontractor.

CERTIFICATION

9. I agree to the Terms of this Agreement and certify that I have read and understand the above Agreement. I further certify that the statements made herein are true and correct.

Signature Date

Name (Printed) Organization