DCS_RFP_6-7-19.pdf

CODE

PAGE(S)

X

A

X B

X C

X D

EX

X

G

F 61 - 79

80 - 96

X H 97 - 106

RATING PAGE OF PAGES

7. ISSUED BY

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)

1 106

(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.

HC1047 8. ADDRESS OFFER TO

See Item 7

9. Proposals are due on 8 July 2019 at 10:00 AM (EDT) and shall be submitted to Wayne Fagan, Tammy Smith and Silvia Molinillo-Corral only via email address: disa.meade.PLD.mbx.62-acquisition@mail.mil

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)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

7 - 8

9 - 10 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 - 13 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

14 - 21 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

22 - 59

PART II - CO NTRACT CLAUSES

DISA/CONTRACTS-NCR

6914 COOPER AVE

FORT MEADE MD 20755-7090

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

07 Jun 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HC104719R4005

Section B - Supplies or Services and Prices

SCHEDULE OF SERVICES

Section B - Supplies or Services and Prices

SCHEDULE OF SERVICES

B.1 SCHEDULE OF SERVICES

Excel Workbook (i.e. CLIN Structure) Attachment 6.

B.2 MAXIMUM CONTRACT CEILING AND MINIMUM CONTRACT GUARANTEE

a) The awardee’s pricing information will be incorporated into Section B of the resultant contract and will represent the ceiling pricing for the duration of the Indefinite-Delivery, Indefinite-Quantity (ID/IQ).

b) Maximum. The maximum contract ceiling value of this single-award procurement is established at $49.5 Million dollars.

c) Minimum. The minimum guarantee is $5,000 dollars.

d) The Government has no obligation to issue Task Orders to the Contractor beyond the amount specified in paragraph (c).

B.3 SERVICE CONTRACT LABOR STANDARDS (SCLS) GENERAL EXEMPTION

The ID/IQ contract labor categories are considered bona fide executive, administrative, professional labor and are exempt from the SCLS if used to perform the type of professional IT services within the scope of this contract. The

ID/IQ Contract does not include wage determinations or SCLS clauses.

B.4 TASK ORDER CONTRACT TYPES

Defense Collaboration Systems (DCS) is a single-award ID/IQ Contract for Department of Defense that allows for the issuance of firm-fixed-price task orders. Cost reimbursable line items may be included in task orders for Travel and Other Direct Costs.

B.5 FIXED PRICE (FP) LABOR RATES

The firm-fixed-price labor rates proposed represent the Offeror’s fully-burdened fixed price hourly labor rates for each skill classification for work performed. These rates will be used as ceiling labor rates for pricing of all labor proposed under future fixed priced Task Orders issued under this ID/IQ Contract.

B.6 TRAVEL PRICING

Contractor personnel may be required to travel to support the requirements of this contract as stated in individual

Task Orders (TOs). Local travel and travel outside of the local area may be required. For those TOs requiring travel, the Contractor shall include estimated travel requirements in the proposal as required by the Ordering Contracting

Officer (OCO), unless plug numbers are provided by the Government. Travel shall not commence without written consent in accordance with instructions in the TO.

If authorized in the Task Order, travel will be reimbursed at actual cost in accordance with the limitations set forth in

FAR Subpart 31.205-46, Travel Costs. Profit shall not be applied to travel costs. To the extent authorized by the

Task Order, Contractors may apply indirect costs to travel in accordance with the Contractor’s usual accounting practices consistent with FAR 31.2. The OCO must identify a not-to-exceed travel ceiling under a separate CLIN on the Task Order.

B.7 OTHER DIRECT COSTS (ODCs)

ODCs may consist of software, materials, and Task Order-related items that are incidental to the services being performed. The cost of general-purpose items required for the conduct of the Contractor’s normal business operations will not be considered an allowable ODC in the performance of this contract. Profit is not allowed on

ODCs for any Task Order; however, applicable burdens are allowed in accordance with Contractor’s accounting practices. If applicable, the OCO must identify a not-to-exceed ODC ceiling under a separate CLIN on the Task

Order.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LABOR

FFP

Labor

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ODC

FFP

ODC

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Travel

FFP

Travel

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C1. IDENTIFICATION OF NON-DISCLOSURE REQUIREMENTS

The Contractor shall have access to information, records, and live data which may be sensitive and/or proprietary, including information about Government files, source selection activities and processes, system vulnerabilities, data processing activities or functions, user IDs, passwords, and other sensitive information. The Contractor shall not divulge information about Government files, source selection activities and processes, or any other sensitive information to anyone not authorized to receive such information. The Contractor shall ensure that other persons are authorized to receive sensitive information before releasing it to them. See Attachment 15 for Non-Disclosure

Agreement (NDA) for Contractor Personnel. The NDA must be executed between the Contractor employee and the

Government before the employee has access to the Joint Information Environment (JIE) or Government furnished information. The NDA form may be revised during the life of the contract. Updated NDAs may be required throughout the life of the contract.

C.2 DoD ENTERPRISE SERVICE MANAGEMENT FRAMEWORK (DESMF)

All IT service requirements contained within the Performance Work Statement (PWS) shall be conducted in accordance with the DESMF.

C.3 CONTRACTOR FURNISHED EQUIPMENT

Contractor Furnished Equipment (CFE) employed for remote access to a Government network must meet or exceed equivalent Government Furnished Equipment (GFE) cyber security computing requirements. The Contractor shall ensure that all CFE (hardware and software) employed to access these environments meet the following minimum

Government cyber security requirements and provide periodic certification of compliance as a pre-requisite to being granted net-work access.

a) Use of personally-owned systems is prohibited;

b) Operating systems and applications must be configured for compliance with the applicable Security

Technical Implementation Guides (STIGs);

c) DoD approved anti-virus and anti-spyware software must be installed and signatures must be configured to automatically update on a daily basis;

d) DoD approved host-level firewall must be utilized and configured to permit traffic by exception only, dropping all other traffic. If the host-level firewall provides intrusion detection or prevention, the signatures or rules must be updated at the same intervals as the antivirus software;

e) Computers must be Information Assurance Vulnerability Management (IAVM) compliant;

f) Computers must be scanned with the currently approved DoD scanner solution at a minimum of every 30 days. All vulnerabilities must be remediated and reported to the cognizant Information Assurance Manager;

g) Contractor employees must possess a current Government issued Common Access Card (CAC) and install

Government certified CAC readers; and

h) Verification of compliance with these requirements must be provided to an appointed Government representative on a monthly basis.

Section D - Packaging and Marking

PACKAGING AND MARKING

D-1 All unclassified data and deliverable contract line items shall be preserved, packaged, packed and marked and must conform to normal commercial packing standards to assure safe delivery at destination.

D-2 Classified reports, data, and documentation shall be prepared for shipment in accordance with

National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated February 28, 2006 and the DD 254 - Contract Security Classification Specification.

D-3 The Contractor shall mark all shipments under this contract in accordance with the addition of ASTM-

D-3951-90 “Standard Practice for Commercial Packaging” in effect on the date of the contract.

D-4 The Contractor shall comply with FED STD 313 (Symbols for Packages and Containers for

Hazardous Industrial Chemical and Materials) to the extent applicable.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE CRIT

E.1 INSPECTION AND ACCEPTANCE CRITERIA

Inspection and acceptance of all work, performance, reports and other deliverables will be conducted by the designated COR(s) at the task order-level.

The basis for acceptance shall be in compliance with the requirements set forth in the contract and/or task order.

Deliverable items rejected under the resulting contract shall be corrected in accordance with the applicable instructions in the contract or task order-level PWS.

In addition, the COR(s) may solicit input from other Government entities such as the DISA Field Security Office

(FSO) and applicable DoD Commands (e.g. Joint Interoperability Test Command (JITC)) based on the provisions and service level agreements prior to formal acceptance. The following criteria will be used as required for inspection and acceptance:

a) “Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified deliverables, or approves specific services, as partial or complete in performance of the contract and subsequent task orders. Upon acceptance, the Government will own data rights to all reporting required in this contract, including as a minimum: all monitoring data of DoD use, design/architecture documentation, change control documentation, and all security validation reporting and documentation.

b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all deliverables provided and services performed under this contract shall, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract and subsequent task orders. The Contracting Officer or COR will give written notice of any defect or non-conformance to the Contractor within 30 days from the date of receipt by the

Government. This notice shall state either that the:

Contractor shall correct or re-perform any defective or non-conforming services; or

Government does not require correction or re-performance.

c) If the Contractor is required to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed.

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

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-20 Warranty Of Services MAY 2001

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

F.1 BASIC CONTRACT ORDERING PERIOD

The ordering period of this contract is five years. The Contractor’s pricing submitted for contract year one will coincide with the contract award date. After the basic contract ordering period expires, the basic contract will remain an active contract until the final task order period of performance is completed and shall govern the terms and conditions with respect to active task orders to the same extent as if it were completed during the basic contract ordering period.

F.2 TASK ORDER PERIOD OF PERFORMANCE

The period of performance for each task order placed under the basic contract will be specified in the individual Task Order. All the following conditions apply:

a) Under no circumstances may a task order be placed under the basic contract if the basic contract has expired or been terminated;

b) No task orders may exceed five years, inclusive of options, from the date that the order is placed; and,

c) No task orders may extend more than one year after the expiration of the basic contract.

F.3 TASK ORDER OPTION PERIODS

d) Option periods on task orders may be exercised beyond the end of the ID/IQ ordering period if the option period was included and evaluated at initial issuance of the task order. No task orders including the option periods may extend more than one year after the expiration of the basic contract. In accordance with FAR 52.216-22, the contract shall govern the Contractor's and Government's rights and obligations with respect to any order issued during the effective period of this contract, including option periods that may be exercised after the Contract's ordering period has expired.

F.4 TRANSITION PLANS

At any time during the ordering period for the ID/IQ, the incumbent Contractor may be required to transition activities to an incoming Contractor with minimal disruption of services to the

Government. During the transitional period, the incumbent Contractor shall maintain sufficient qualified staff to meet all requirements of this effort. The incumbent Contractor shall submit a written transition plan unless designated otherwise by the OCO. The incumbent Contractor shall also identify those actions, plans, procedures, and timelines necessary to ensure a smooth transition-out for the incoming Contractor. The incumbent Contractor shall provide a transition plan subject to Government approval. The incumbent Contractor shall coordinate and collaborate with the incoming Contractor to ensure a smooth transition. Task orders issued under the ID/IQ contract may include transitions in/out requirements.

F.5 PLACE OF PERFORMANCE

The services to be provided under the basic contract shall be accomplished at the locations identified in the task orders. The place of performance and/or delivery requirements will be specified in each individual task order.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

POINTS OF CONTACTS

G.1 Points of Contact (AUG 2005)

Points of Contact (AUG 2005)

Contracting Officer

Name: Silvia Molinillo-Corral

Organization/Office Symbol: PSD/PL62

Phone No.:

E-Mail Address:

Contract Specialist

Name: Wayne Fagan

Organization/Office Symbol: PSD/PL62

Customer/COR Point of Contact

Name:

Organization/Office Symbol:

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

252.204-7006 Billing Instructions OCT 2005

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

252.239-7000 Protection Against Compromising Emanations JUN 2004

CLAUSES INCORPORATED BY FULL TEXT

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection

201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC

2018)

(a) Definitions. As used in this clause--

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress

Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-

Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price

Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material

Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the

Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and

Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the

TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

https://wawf.eb.mil/

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H1 Organizational and Consultant Conflicts of Interest (OCCI)

(a) An Offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual

Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart

9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an Offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the Offeror shall submit an

Organizational and Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the Offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

(End of text)

[ ] Offeror believes no OCCI exists as a result of submission of this proposal

[ ] Offeror believes a potential OCCI exists and has submitted a proposed mitigation plan for evaluation.

H2 Requirement to Submit an Electronic Product List

The contractor shall submit the following in addition to complying with all requirements of

DFARS 252.211-7003, Item Identification and Valuation:

(a) Complete the Electronic Product List (EPL) attached to this contract for all products delivered under this contract. If a copy of the EPL has not been provide with the contract document, the EPL should be obtained from the

Contracting Officer. A separate EPL shall be submitted each time products are delivered under this contract, including when products are replaced through a warranty or service support agreement.

(b) The EPL shall be delivered electronically for review and approval to the Acceptor. The Acceptor is the

Customer/COR/TM Point of Contact identified in the DITCO additional text titled: Points of Contact, if method of payment is via the government purchase card, or the WAWF point of contact identified in the clause at DFARS

252.232-7006, Wide Area Work Flow Payment Instructions for contracts processed through WAWF. A copy of the

EPL shall also be submitted to the Manpower, Personnel and Security (MPS) Directorate at the following email address: disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil.

(c) The contractor shall submit the EPL to the Acceptor and MPS in advance of or concurrently with delivery of products. The Acceptor will not accept products delivered under this contract until the EPL is approved.

(d) If the EPL is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is mailto:disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil approved or disapproved. If the EPL is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the EPL.

H3 Key Personnel

The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer

15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the Contracting Officer.

However, in urgent situations, as determined or agreed to by the Contracting Officer, an oral request to substitute key personnel may be approved and subsequently ratified by the Contracting Officer in writing. Such ratification shall constitute the consent of the Contracting Officer required by this paragraph. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

Name Position/Labor Category

Program Manager

Tiered Support Lead (Senior Technician)

Senior Network Specialist

Senior Application Specialist

Information Systems Security Officer (ISSO)

Systems Engineering Lead - Systems Engineering Lead -

Senior Systems Architect

Senior Systems Engineer – Enterprise Architecture

Senior Systems Engineer – Unified Capabilities (UC)

Development Lead (Senior Developer)

Senior Developer – Enterprise Application Development

Senior Developer – Mobile Application Development

H4 Enterprise-Wide Contractor Manpower Reporting Application (eCMRA) Reporting The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site.

The contractor and all subcontractors, at all levels/tiers, providing direct labor under this contract shall report complete and accurate data for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 to September 30. The Contractor shall input the data into the appropriate eCMRA reporting tool, which can be accessed via a secure web site at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an

Air Force requiring activity, the contractor shall load the required reporting data in the “Department of Air Force

CMRA” tool). While inputs may be reported any time during the FY, all data shall be reported no later than October

31 of each calendar year. The contractor shall completely fill in all required data fields. The contractor shall enter initial data into the appropriate eCMRA tool to establish the basic contract record no later than 15 working days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the

Contracting Officer Representative (COR) when the basic contract record has been established in the appropriate eCMRA tool.

eCMRA User Manuals and Frequently Asked Questions (FAQs) are available at http://www.ecmra.mil/

Contractors may direct technical questions to the eCMRA help desk at usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

H.5 SECURITY CLEARANCES

Individual task orders may require Secret Facility Site Clearances, or may not require a Facility Site Clearance at all.

A Secret Facility Site Clearance is required at time of proposal submission for the ID/IQ award.

The ID/IQ contract’s firm-fixed-price ceiling rates cover work at all classifications levels and will not be adjusted based on task order classification levels.

The Contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations, as specified on individual task orders. The Contractor shall fully cooperate on all security checks and investigations by furnishing requested information to verify the Contractor employee's eligibility for any required clearance.

H.6 ASSOCIATE CONTRACTOR AGREEMENTS

The Contractor shall enter into Associate Contractor Agreements (ACAs) for any portion of the contract requiring joint participation in the accomplishment of the DCS requirement. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the DCS solution which shall ensure the greatest degree of cooperation for the development of the program to meet the terms of the contract. Associate contractors will be identified by the Government. ACAs are not required between the prime contractor and its teaming partners under the contract. ACAs shall include the following general information:

http://www.ecmra.mil/ http://www.ecmra.mil/ mailto:usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

a) Identification of the associate contractors and their relationships;

b) Identification of the program involved and the relevant Government contracts of the associate contractors;

c) Description of the associate contractor interfaces by general subject matter;

d) Specification of the categories of information to be exchanged or support to be provided;

e) Expiration date of the ACA; and,

f) Identification of potential conflicts between relevant Government contracts and the ACA (including agreements on protection of proprietary data and restrictions on employees).

Draft ACAs shall be provided to the Contracting Officer for review before execution of the ACA by the cooperating contractors. The Contractor shall not be relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor. Liability for the improper disclosure of any proprietary data contained in or referenced by an ACA shall rest with the parties to the agreement, and not the Government. All costs associated with ACAs are included in the negotiated price of this contract.

Agreements may be amended as required during the performance of this contract. The following contractors are associate contractors with whom agreements are required:

Contractor Address Program / Contract

To be provided

H.7 CONTRACT TRANSITION

At the conclusion of the contract and task orders thereunder, or any other time directed by the Contracting Officer, the Contractor shall effect an orderly and efficient transition from the incumbent Contractor team to the successor contractor’s team (or the Government). ACAs, as discussed in Section H.8., are mandatory between the incumbent

Contractor and the successor contractor. The Contractor shall transition all Government data to the successor contractor (or the Government), as directed by the Contracting Officer. The Contractor shall not be relieved of any contract requirements, to include Service Level Agreements, or entitled to any adjustments to the contract terms during transition activities. Operational availability shall be maintained at the levels specified through the conclusion of the task order period of performance.

H.8 INDEMNIFICATION

The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability arising out of the performance of this contract, including costs and expenses, incurred as the result of the Contractor’s unauthorized introduction of copyrighted material, information subject to a right of privacy, and any libelous or other unlawful matter into Government data. The Contractor agrees to waive any and all defenses that may be asserted for its benefit, including (without limitation) the Government Contractor’s

Defense.

The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability arising out of the performance of this contract, including costs and expenses, incurred as the result of (i) the Contractor’s unauthorized disclosure of trade secrets, copyrights, contractor bid or proposal information, source selection information, classified information, material marked “For Official Use Only”, information subject to a right of privacy or publicity, personally identifiable information as defined in OMB

Memorandum M-07-19 (July 12, 2006), or any record as defined in 5 U.S.C. § 552a; or (ii) the Contractor’s unauthorized introduction of any libelous or other unlawful matter into Government data. The contractor agrees to waive any and all defenses that may be asserted for its benefit, including without limitation the Government

Contractor’s Defense.

In the event of any claim or suit against the Government on account of any alleged unauthorized disclosure or introduction of data or information arising out of the performance of this contract or services performed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in the Contractor’s possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of the Contractor; provided, however, that an equitable adjustment shall be made under this clause, and the contract modified in writing accordingly, if the claim or suit is withdrawn, settled, or adjudicated in favor of the Government, and the basis for the claim or suit, regardless of outcome, was not due to any act or omission of the Contractor.

The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to any libelous or other unlawful matter contained in such data furnished to the Contractor by the Government and incorporated in data to which this clause applies. Further, this indemnity shall not apply to—

a) A disclosure or inclusion of data or information upon specific written instructions of the Contracting

Officer directing the disclosure or inclusion of such information or data; or,

b) A third-party claim that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction.

Indemnification by the Contractor protects the Government when third parties sue the Government for a tort when the Service Provider, not the Government, was liable. Indemnification shall also allow the Government to recoup any costs related to a third party law suit. The Contractor shall indemnify the Government regarding third party torts relevant to the conduct of the contract.

Any other terms or conditions notwithstanding, this contract or agreement shall not and does not require the

Government to (i) indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability, which would violate the Anti- Deficiency Act (31 U.S.C. § 1341) (ADA), or (ii) automatically renew this contract or agreement at any time in the future, which would violate the ADA. Any such provisions set forth in this contract or agreement are unenforceable against the Government.

H.9 INSURANCE

The Contractor shall have the necessary and relevant insurance to pay for any costs stemming from a breach of DoD data or to recover from any degradation of the service-related DoD capability. Prior to commencing performance under this contract, the Contractor shall provide proof of insurance to the Contracting Officer. The Contractor shall resubmit the proof of insurance within 30 days of notification of any material change that occurs during the performance of the contract. Any subcontracts under this contract that require work with or in support of storage and retrieval of electronic/digital government data and shall require subcontractors to provide and maintain the insurance required. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

H.10 JURISDICTION

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2007/m07-19.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2007/m07-19.pdf

The Contractor shall only release DoD data pursuant to a court order from a United States (U.S.) Federal Court. The

Service Provider shall not place or transfer DoD data into or through a foreign jurisdiction such that any servers would be subject to the laws of that jurisdiction or otherwise risk DoD data being seized by the foreign Government.

H.11 LAW ENFORCEMENT

The Contractor shall acknowledge and affirm that United States (U.S.) Federal law enforcement officials do not need a warrant or a subpoena to access Government data on any system or media employed by the Contractor or their subcontractors or other partners, or allies, to deliver or otherwise support the contracted service for the U.S.

Government, subject to requirements for access to classified information and release thereof, if applicable. As specified by the Contracting Officer, the Contractor shall provide immediate access to all Government data and

Government-related data impacting Government data for review, scan, or conduct of a forensic evaluation and physical access to any contractor facility with Government data.

If the Government data is co-located with the non-Government data, the Contractor shall isolate the Government data into an environment where it may be reviewed, scanned, or forensically evaluated in a secure space with access limited to authorized Government personnel identified by the Contracting Officer, and without the Contractor’s involvement. The Contractor shall record all physical access to the cloud storage facilities and all logical access to the Government data. This may include the entrant’s name, role, purpose, account identification, entry and exit time. Such records shall be provided to the Contracting Officer or designee in accordance with the contract or upon request to comply with federal authorities.

H.12 NOTIFICATION

The Contractor shall notify the Government within 60 minutes of any warrants, seizures, or subpoenas it receives, including those from another Federal Agency that could result in the loss or unauthorized disclosure of any

Government data. The Contractor shall cooperate with the Government to take all measures to protect Government data from any loss or unauthorized disclosure that might reasonably result from the execution of any such warrant, seizure, subpoena, or similar legal process.

H.13 ADDITIONAL SECURITY

Security requirements are a material condition of this contract. This contract shall be subject to immediate termination for default, without the requirement for a cure notice, when it has been determined by the Contracting

Officer that a failure to fully comply with the security requirements of this contract resulted from the willful misconduct or lack of good faith on the part of any one of the Contractor's directors or officers, or on the part of any of the managers, superintendents, or equivalent representatives of the Contractor who have supervision or direction of:

a) All or substantially all of the Contractor's business; or

b) All or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed; or

c) A separate and complete major industrial operation in connection with the performance of this contract.

When deficiencies in the Contractor's security program are noted which do not warrant immediate default, the

Contractor shall be provided a written notice of the deficiencies and be given a period of 90 days (or other period as specified by the OCO) in which to take corrective action. If corrective action is not completed in the given period, the Contracting Officer may terminate the whole or any part of this contract for default. The Contractor shall maintain and administer, in accordance with all relevant clauses and provisions set forth or incorporated into this contract, a security program that meets the requirements of these documents.

H.14 OPERATIONS SECURITY (OPSEC) REQUIREMENTS

As defined in DoD Directive 5205.02 and DoD 5205.02-M, Operations Security (OPSEC), sensitive information is information requiring special protection from disclosure that could cause compromise or threat to our national security, any organization, activity, family member, civilian or contractor. Critical Information is defined as information important to the successful achievement of U.S. objectives and missions, or which may be of use to an adversary of the United States. It consists of specific facts about friendly capabilities, activities, limitations

(includes vulnerabilities), and intentions needed by adversaries for them to plan and act effectively so as to degrade friendly mission accomplishment. All critical information is sensitive, but not all sensitive information is critical.

The Contractor shall not release sensitive information to the general public without prior written approval from the

Contracting Officer. All contractor requests to release sensitive information shall be in writing and clearly explain the necessity for release of the information and consequences if approval is not granted. Contractor employees who are U.S. citizens shall be provided access to sensitive information on a "need to know" basis required to fulfill the terms and conditions of the contract. Foreign National (FN) employees’ access to information will be limited to non-sensitive information. FN access to sensitive information will be approved in writing by the Contracting

Officer on a case-by-case basis, and will be strictly limited to the information that the employee must know in order to fulfill the terms and conditions of the contract and/or order.

The Contracting Officer will provide the Contractor with a list of known Critical Information (CI) pertinent to contract requirements and threat information pertinent to contract and/or task order location as soon as possible after award. Critical Information and threat information shall be used by the Contractor’s appointed OPSEC Manager to prepare an OPSEC Plan.

The Contractor shall be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control sensitive information that has been provided or generated under the contract. The Contractor shall prepare and submit a written OPSEC Plan to the Contracting Officer for approval IAW DD 1423 within 30 business days after receipt of any CI/threat from the list provided. The Contracting Officer will coordinate with the

Government OPSEC Officer and advise the Contractor in writing of the approval, conditional approval or disapproval of the plan within 10 business days of receipt.

The Contractor shall conduct annual self-assessments of their OPSEC program and submit annual written assessments to the Contracting Officer in the anniversary month of contract award. OPSEC Assessment checklists and sample assessment responses will be provided in advance by the Government as tools to aid the Contractor in assessing their OPSEC program.

The Contractor shall provide OPSEC training to all employees regarding the safeguarding of sensitive information prior to employees being allowed access to such information, and annually thereafter.

The Contractor shall destroy all sensitive program material at the completion of the contract so as to ensure the information cannot be accessed or utilized for any purpose and notify the Contracting Officer in writing of its destruction.

These same requirements will flow down to all subcontractors working on or provided any sensitive information related to the contract.

H.15 PERSONAL CONDUCT

The Contractor is subject to standards of conduct established and maintained by the Office of Employment, Diversity and Inclusion (OEDI).

H.16 MARKETING/PUBLIC RELEASES

The Government requires the review and approval of any Press/News Releases under this contract, to include

Marketing / Promotional Materials and Brochures by a Contractor (or Subcontractor) that is DCS-related, including information on the Contractor’s webpage(s). Requests for reviews and approvals shall come through the PCO.

https://fas.org/irp/doddir/dod/d5205_02.pdf

H.17 ENDORSEMENT

The Contractor may not use the name, seal, logo or other readily identifiable indicia of any Government agency or organization in such a way that may be construed as advertising or endorsement by the Government of the

Contractor. The Contractor may include within a list or display of the Contractor’s customers for the purposes of advertising or publicity the names, seals, logos or other indicia of Government agencies and organizations that have entered into contracts with the Contractor. However, it must not be stated or implied that the Government in any way recommends or endorses the products or services of the Contractor.

H.18 DATA BREACH AND INCIDENT REPORTING

The Contractor shall adopt and maintain administrative, technical, and physical safeguards and controls to protect and remedy data breaches, if any, of Government data. The Contractor shall submit reports of cyber incidents through approved reporting mechanisms, as specified in CJCSM 6510.01B, Enclosure C, Section 4. The

Contractor’s existing notification mechanisms that are already in place to communicate between the Contractor and its customers for some or all classes of Computer Network Defense (CND) information may be used, as long as those mechanisms demonstrate a level of assurance, equivalent to the listed encrypted mechanisms, for the confidentiality and integrity of the information.

252.211-7003 Item Unique Identification and Valuation MAR 2016 http://www.jcs.mil/Portals/36/Documents/Library/Manuals/m651001.pdf?ver=2016-02-05-175710-897

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-2 Security Requirements AUG 1996

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line…