HC104720R0013 Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is issued to incorporate Questions and Answ ers and Revisions to the solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 22

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

16C. DATE SIGNED

BY 18-Nov-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HC104720R0013

X 9B. DATED (SEE ITEM 11)

30-Oct-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

18-Nov-2020

CODE

DISA/CONTRACTS-NCR

6914 COOPER AVE

FORT MEADE MD 20755-7090

HC1047 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HC104720R0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-Dec-2020 02:00 PM to 03-Dec-2020 02:00 PM.

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been modified:

SECTION G

G1 CONTRACTING AND ADMINISTRATIVE AUTHORITY

a. The contract will be administered by the Defense Information Technology Contracting Organization (DITCO)- National Capital Region (NCR). The contracting officer (KO) at DITCO-NCR (PL63), 6914 Cooper Ave, Fort Meade, MD 20755-7090, is the only person authorized to approve changes or modify any of the requirements contained elsewhere in this contract; the said authority remains solely in the KO. In the event the Contractor effects any such change at the direction of any other person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the contract costs to cover any increase incurred as a result thereof.

b. The Contractor shall submit requests for modifications of this contract to the KO with a copy of the request to the KO’s contracting officer representative (COR) as designated in the COR appointment letter.

c. Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the KO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the KO.

d. Request for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the KO.

G2 CONTRACT MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract:

a. Contracting Officer (KO).

(1) Contract Administration. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the KO authorizing such changes.

(2) Designation of Representatives. The KO may designate individuals to act as the COR under the contract or any resultant task order. CORs may provide technical guidance in direction of the work, but they will not be authorized to change any of the terms and conditions of the contract or task orders. CORs will be designated by a letter of appointment from the KO. Specific COR duties can be found in the DoD COR Handbook, which is located at:

http://www.acq.osd.mil/dpap/cpic/cp/docs/USA001390-12_DoD_COR_Handbook_Signed.pdf

b. Contracting Officer Representative (COR). All communication with agencies of the Government and interface with other contractors required in the performance of this contract or resultant task orders shall be accomplished only through the direction and with the coordination of the COR. The responsibilities and limitations of CORs are contained in the DoD COR Handbook. The duties of the COR will be outlined on the COR Designation Letter distributed upon contract/task order award.

c. Technical Coordination.

(1) Performance of work under this contract shall be in compliance with the PWS and terms and conditions of the contract or any approved task orders. The Contractor shall use the PWS together with other applicable portions of the basic award as a basis for the description of its capabilities and ability to propose appropriate services when solicited in future task orders.

(2) All technical coordination shall remain within the scope of this contract and that of individual task orders.

No oral statements by any person shall in any manner or degree modify or otherwise affect the terms of this contract or of the task orders. Technical coordination shall not result in any action that:

(i) Constitutes an assignment of additional work outside the SOW, PWS or task order.

(ii) Constitutes a change as defined in the contract clauses 52.243-1, Changes - Fixed-Price and 52.243-2, Changes - Cost-Reimbursement, as applicable.

(iii) Causes an increase in the total contract ceiling amount, task order price, or the time required for contract or task order performance.

(iv) Changes in any of the expressed terms, conditions or specifications of this contract or any approved task orders.

(v) Interfere with the Contractor’s right to perform the terms and conditions of the contract or subsequent task orders.

G3 TASK ORDER PROCEDURES

The following defines the process by which task orders will be processed and priced, and how a task order will be awarded. This section also defines specific, local provisions to be used for issues concerning task order consideration and payment. Finally, the role of the DISA Ombudsman is defined. Careful attention should be paid to those areas in which the procedures, processes, and provisions change due to use of a different contract types or pricing methodology.

a. Request for Proposal (RFP) Process. The KO(s) will assign a pre-award tracking number to each task order requirement at the time it is received from a mission partner/customer agency. The contractor shall submit a proposal in response to the Government’s request. The announcement will include, at a minimum, the following information:

* Tracking Number

* Date of Announcement

* Performance Work Statement (PWS)

* Contracting Agency POC Name and Phone Number (KO and Contract Specialist)

* E-mail Address, Mailing Address

* Proposal Due Date

b. Awarding a Task Order. The Government will evaluate the requested proposal for technical acceptability and to ensure prices are in accordance with the terms of the base contract.

c. Proposal Process.

(1) Request for Proposal (RFP). The KO solicits proposals from the prime contractor by sending an RFP to the contractor. The Contractor is typically allowed between 14-21 days to prepare and submit offers (maybe more or less depending upon the circumstances of the requirement).

(2) Questions and Answers. The Contractor may request written clarification of requirements to the KO as specified in the solicitation. The KO will answer clarification requests, i.e., questions/answers and determine if any revisions to the PWS requirements, by issuing an amendment available to the RFP. The KO may extend the proposal due date in the event that written clarification is not provided to the Contractors in a timely manner.

NOTE: Do not confuse clarifications as used above with regard to questions about the solicitation with clarifications as described in FAR 15.306, Exchanges, with offerors after receipt of proposals for the IDIQ Base Contract.

(3) No-Bid Replies. The Contractor must submit “no-bid” replies or complete technical and price proposals no later than the proposal due date and time. “No-bid” replies are only permitted when the contractor is not obligated to honor orders in accordance with FAR 52.216-19. “No-bids” must be submitted to the KO by e-mail and must reference the tracking number specified in the KO’s task order RFP.

(4) Technical Proposals.

(i) Written technical proposals will be streamlined, normally customized to the size and complexity of the requirement, stating compliance with the PWS requirements. Assumptions shall not be included within the Contractor’s technical proposal and should be addressed during the Questions and Answers process. Proposals shall not merely restate PWS requirements.

(ii) All proposed labor categories in task orders are restricted to those listed in the Labor Category Descriptions, Attachment #J2 located in Section J.

(iii) The technical proposal may address:

* Technical Approach

* Key Personnel

* Quantities/hours of personnel by labor categories

* Other Direct Costs (ODCs)

* Risks

* Period of Performance

*Government-Furnished Equipment (GFE) and/or Government-Furnished Information (GFI)

* Security (including clearance level)

* Small Business Participation

(5) Price Proposals. The price proposal shall include detailed price amounts of all resources required to accomplish the requirement, (i.e. labor hours, rates, travel, incidental equipment, etc.). The level of detail required in the price proposal shall be primarily based on the contract type planned for use, as further discussed below.

(i) Fixed Price (FP). The proposal shall identify labor categories and their respective labor rates in accordance with the Labor Rate Tables contained in Section J, Attachment J1 of the base IDIQ contract, and the number of hours required for performance of the task. The labor rates contained in the Labor Rate Tables are fixed for the life of the contract, however may be adjusted in accordance with the Economic Price Adjustment Clause (EPA) included in Section H2 of the contract. The Contractor is permitted to propose discounted labor rates that are lower than those established in the Labor Rate Tables. The Contractor shall fully explain the basis for proposing lower rates. The proposed, reduced labor rates will not be subject to audit. In addition, the reduced labor rates will apply only to the respective task order and will not change the fixed rates in the Section J, Attachment J1, Labor Rate Tables. The proposal must identify and justify use of all non-labor cost elements. It must also identify any GFE and/or GFI required for task performance. If travel is specified in the task order statement of work, airfare and/or local mileage, per diem rates by total days, number of trips, and number of contractor employees traveling shall be included in the cost/price proposal. Prior to incurring any long distance travel expenses, the Contractor shall obtain written approval from the COR that approves approximate travel dates, expected duration, origin and destination, purpose, estimated costs, and the number and names of personnel traveling. Proposed materials costs shall, when requirements for materials are sufficiently defined by the task order statement of work, include sufficient break-out of all materials, including description, brand name, model/part number, and number of units that can be verified as fair and reasonable.

(ii) Program Management Support Costs. Contract-level program management support costs shall be included within the fully-burdened labor category rates, and encompass support for contract-level management, reporting requirements, and related travel and meeting attendance costs associated with the Contractor’s program management staff, as it relates to overall management of the AES Program. As a result, these program management support costs are allocated as an indirect expense and may not be charged directly to any task order.

(iii) Other Direct Costs. ODCs consist of software, materials, and task order-related travel costs (i.e., relocation and temporary duty (TDY) to include travel, lodging and meals) 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 IAW contractor’s accounting practices.

In the event work for a task order is required for which the Contractor can be expected to incur costs markedly different from those normally incurred, e.g. work Outside the Continental United States (OCONUS), consideration will be given to pricing on a cost-reimbursement basis. In such situations, additional costs, which are not normally charged under an ODC contract line item number (CLIN), will be negotiated on a case-by-case basis. ODCs shall not be billed as part of service contract line items.

(iv) Cost or Pricing Data. Following contract award, cost/price information submitted by both the prime contractor and subcontractor related to proposals for task orders and modifications, will be subject to FAR 15.403.

(v) Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested by the task order proposal request. The Contractor shall assume all costs associated with preparation of proposals for task order awards as an indirect charge. The Government will not reimburse awardee proposal costs as a direct charge.

(vi) Tax Exempt Status Applying to Overseas Locations.

A. A number of contractor employees performing AES services outside the United States are eligible for tax-exempt status from foreign government-imposed income, social, and other taxes in accordance with the Status of Forces Agreement (SOFA) between the US and the Host Nation. An example of one such exemption is the Technical Expert Status Accreditation (TESA) within Germany. The Government recognizes that the approval process for tax-exempt status is a dynamic one, subject to wide differences between nations and controlled neither by the US Government nor the Contractor. Specifically, the Government is aware of increasing scrutiny applied to the TESA process by the host governments in Germany and Korea. Such issues may develop in other nations where AES services are performed. DISA makes no representation as to the processes involved in garnering employee tax-exempt status in any Host Nation.

B. Offerors shall propose labor hour prices for work performed outside the US in accordance with the rates in Attachment J1, Section J pricing tables for workers with such tax-exempt status. Employee taxes imposed by a Host Nation shall be compensated as an ODC under AES task orders.

C. Contractors may request guidance for Contract Notification, Technical Expert Status Accreditation (TESA), and/or Troop Care Status Accreditation (TCSA) Procedures, at www.irs.gov

(vii) Foreign Ownership, Control or Influence (FOCI). FOCI is the U.S. government’s program that ensures companies with foreign ownership, working in the United States, will not compromise the security or integrity of sensitive government agencies and materials. As applicable in each AES task order, the task order contractor must demonstrate that neither they nor their subcontractors/suppliers have any Foreign Ownership, Control, or Influence (FOCI) issues (A SF 328 “Certificate Pertaining to Foreign Interests” is used to determine whether or not a company is under FOCI).

d. Other Considerations.

(1) The KO is not required to synopsize orders under this contract.

(2) Performance based work statements shall be used to the maximum extent practical.

(3) The Contractor shall work in partnership with the Government to close out orders as soon as possible after they are physically complete by using the “Quick-Closeout” procedures described herein as much as practical.

e. Proposals and Cancellations. The Contractor may not submit more than one proposal for each task order requirement. In the event issues pertaining to a proposed task order (e.g., quality of the proposal, the availability of funds, etc.) cannot be resolved to the satisfaction of the KO, the KO reserves the right to withdraw and cancel the proposed task order. In such event, the Contractor shall be notified in writing of the KO's decision. Offeror proposal preparation cost will not be paid.

f. Task Order Issuance. Task order awards may be issued by e-mail using a DD Form 1155, Order for Supplies and Services. The Contractor may be required to register in the Electronic Data Access (EDA) web site at https://eda2.nit.disa.mil/ to obtain copies of task orders.

g. Unauthorized Work. The Contractor is not authorized at any time to commence task order performance prior to issuance of a signed task order or other written approval provided by the KO to begin work.

h. Task Order Funding Restrictions. No unfunded task orders are allowed.

i. Contract Closeout. For fixed price task orders, final invoice shall be submitted within ninety (90) calendar days following the end of the period of performance (see additional text noted below in paragraph G2). When the bilateral modification to close out the specific task order is forwarded to the Contractor, it shall be signed and returned to the respective KO within 10 working days of modification submittal. For specific task orders, these dates can be revised at the discretion of the KO. For task orders issued by external KOs local contract closeout procedures may be used.

j. DISA Ombudsman. The DISA Procurement Services Directorate (PSD) Technical Director has been designated as the DISA Ombudsman. The DISA Ombudsman will review complaints from contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

Complaints to the DISA Ombudsman may be forwarded to:

DISA/DITCO

Chief, Defense Information Technology Division

DISA/PSD

PO Box 549 Ft. Meade, MD 20755-0549

G4 Contract Level Small Business Participation Plan Reporting

a. Semi-annually the Contractor shall report as a part of their quarterly contract status reports with information concerning their performance under its small business participation plan via email to gloria.r.norwood.civ@mail.mil with a “cc” to the Office of Small Business Programs (disa.meade.osbp.mbx.disa-small-business-office@mail.mil) following the reporting schedule below:

Reporting Period Report Due Date July 1 – December 31 January 31 January 1 – June 30 July 31

The small business participation plan report shall cover the following:

1. Accomplishments towards meeting proposed small business participation objectives presented in Small Business Participation Plan

Identify the small businesses that performed work during the reporting period

2. Small business subcontracts awarded during the reporting period

Contractor name and socioeconomic category Dollar value of subcontract Type of product or service provided by the subcontractor Nature of the agreement (for example purchase orders, teaming agreements, letters of commitment) and/ or subcontract type

3. Specific initiatives to enhance small business utilization or capabilities, if any.

The small business participation plan semi-annual reporting shall address the Contractor’s overall small business utilization at the contract level.

b. For other-than-small businesses, the small business participation plan semi-annual reporting requirement is separate from the eSRS reporting submission requirements.

A negative report is required when there is no activity or no subcontracting in the preceding reporting period. To satisfy the negative report requirement, send an email to gloria.r.norwood.civ@mail.mil with a “cc” to the Office of Small Business Programs (disa.meade.osbp.mbx.disa-small-business-office@mail.mil) with a statement of “NO SUBCONTRACTING ACTIVITY TO REPORT FOR THIS REPORTING PERIOD.” The negative report submitted should contain the Contractor’s contract number and report period in the email subject line.

G5 ACCESS TO CONTRACTOR FACILITIES

The Government Contracting Officer Representative (COR) (designated on the contract and individual task orders) and/or other authorized Government personnel shall be allowed access to the Contractor’s facilities or other work locations utilized under this contract during normal working hours provided the visitor has complied with the visit planning and coordination requirements of FAR 42.402.

G6 LABOR CATEGORY ADDITIONS

The Labor Categories that are incorporated into the Indefinite Delivery/Indefinite Quanity (IDIQ) Contract were written to encompass the broad scope of information technology requirements for the AES Progam. Additional Labor Categories will not be added to the IDIQ Contract unless they are within the contract’s scope of work. DISA reserves the right to add new Labor Categories throughout the life of the IDIQ Contract should it be necessary and in the best interest of the Government. All labor categories in task orders are restricted to those within the IDIQ contract at the time the task order is awarded.

G7 FFP MONTHLY PAYMENT SCHEDULE

The Contractor shall submit invoices in accordance with a schedule established for each individual firm fixed price (FFP) task order (TO).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H

H1. RELEASE OF INFORMATION/PUBLICATIONS

The Government maintains overall responsibility for consistent messaging and information to the public about Government programs. All AES related messaging will remain focused on the appropriate Department of Defense (DoD) or federal/state audience. As such, the Government requires the review and approval of any Press/News Releases under this contract. Government review and approval includes, but is not limited to the following AES-related items by a Contractor and/or subcontractor: Marketing/Promotional Materials and Brochures; Datasheets/ Slick Sheets; website(s) pages explaining or mentioning the AES-related service; Written presentations (e.g., DoD monthly stakeholder meetings, other conferences and events); Print media (e.g., Trade magazines and other publications); Banners and other signage (e.g., Mass Transit banners); Public media (e.g., radio, television and news spots); social media (e.g., LinkedIn, Facebook, Twitter, Instagram); and Webinars/Blogs. The following disclaimer will be placed prominently on all Contractor and/or subcontractor materials: “VENDOR NAME is providing AES services to DoD customers under Contract contract number.” Requests for reviews and approvals shall come through the KO. No news releases or advertising as noted above (denial or confirmation of the same) on any part of the subject matter of this contract or any phase of the task order awards hereunder shall be made without the prior written approval of the KO. See also DFARS 252.204-7000, Disclosure of Information and item 12 of the DD Form 254 for the contract and subsequent task order (if applicable).

H2. OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCES

a. The Government hereby provides notice and the Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays and services under this contract will not be required on Federal holidays or closures by Executive Order.

* New Year‘s Day

* Martin Luther King Jr Day

* Washington’s Birthday

* Memorial Day

* Independence Day

* Labor Day

* Columbus Day

* Veterans Day

* Thanksgiving Day

* Christmas Day

Federal employees in the Washington, DC, area are entitled to a holiday on the day a President is inaugurated (January 20 following a Presidential election). Employees are entitled to this holiday if they are employed in-

1. the District of Columbia;

2. Montgomery and Prince Georges Counties in Maryland;

3. Arlington and Fairfax Counties in Virginia; and

4. the cities of Alexandria and Falls Church in Virginia.

When Inauguration Day is moved to January 21st because January 20th falls on Sunday, Federal employees in the Washington, DC, area who would otherwise work on Monday, January 21st, are entitled to a holiday on that day.

b. In addition to the days designated as holidays, the Government observes the following days:

* Any other day designated by Federal Statute

* Any other day designated by Executive Order

* Any other day designated by a President‘s Proclamation

c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except when services are required by the Government and actually performed on a holiday.

Whenever the Government is shut down for some unforeseen reason (i.e. death of a former President, unusually severe weather), the shutdown falls within the scope of Executive Order 11582 of February 11, 1971 and of 5 USC 5546 and 6103(b), all of which govern the observance of holidays by Government agencies. Unforeseen shut downs will be treated as a Federal holiday and will be applied to contractor personnel accordingly. Section 2 of the Executive Order does allow agencies to require that certain personnel report for work on days that the Government is shut down for reasons of national security, defense, or other public need.

H3. GOVERNMENT-CONTRACTOR RELATIONSHIPS

a. Non-personal Services. The parties agree that the services to be provided under this contract are non-personal and that no employer/employee or master/servant relationships exist or will exist between the Government and the Contractor’s employees.

b. Prohibitions. Contractor personnel under this contract shall not:

(1) Be placed in a position where they are appointed or employed by a Federal Official, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) Be placed in a staff or policy making position or be asked to exercise personal judgment or discretion on behalf of the Government.

(3) Be placed in a position of command, supervision, administration or control over Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

(4) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the DoD or the Federal Government.

(5) Be used in administration or supervision of military procurement activities.

c. Employee Relationship. Local rules, regulations, directives and requirements issued by military and civilian authorities pursuant to their responsibility for the administration and security of Government and military installations are applicable to contractor personnel entering the offices or installations or traveling via Government-owned transportation. The Contractor agrees that compliance will not be construed to establish any degree of Government control consistent with a personal services contract.

H4. MANDATORY TRAINING

All contractor personnel requiring access to the DISANet shall complete DISA and DoD required training. DISA required training courses are found at https://cmis.disa.mil/training/lms/index.cfm?start=mtl. Personnel who fail to complete the required training by the stated deadlines for completion may have their access to the DISANet revoked and/or be removed from performance on the contract. In the event the services are impacted, reduced, compromised, etc., the KO may request an equitable adjustment.

H5. USE OF GOVERNMENT-FURNISHED COMPUTERS

a. Computers furnished under this contract shall be used for official business only. Contractor personnel shall not use computers furnished under this contract for any use other than to perform the requirements of this contract.

Contractor personnel shall not install any software on Government furnished computers unless consent is obtained from the KO or Contracting Officer's Representative (COR).

b. Information services available on the Government furnished computers shall only be used for official business only. Examples of information services include DISA network (DISANet), Internet, Intranet, World Wide Web, and electronic mail.

c. Access to Government information services is granted as a privilege, and use of such services constitutes consent to monitoring. Information services use will be monitored to ensure the protection of DISA networks and information and to verify and enforce compliance with this contractual requirement.

d. In the event contractor personnel use Government furnished computers and/or information services for other than official business, the Contractor shall be required to provide the Government with monetary consideration in the form of credits against the contract as determined by the KO. In addition, if requested by the KO, the Contractor shall be required to replace the individual who misused the Government furnished computers and/or information services within 10 working days.

e. The following are examples of misuse of information services:

(1) Illegal, fraudulent, or malicious activities.

(2) Partisan political activity, political or religious lobbying or advocacy, or activities on behalf of organizations having no affiliation with DISA or DoD.

(3) Activities whose purposes are for personal or commercial financial gain. These activities may include chain letters, solicitation of business or services, sales of personal property.

(4) Unauthorized fundraising or similar activities, whether for commercial, personal, or charitable purposes.

(5) Accessing, storing, processing, displaying or distributing offensive or obscene material such as pornography and hate literature.

(6) Annoying or harassing another person, e.g., by sending or displaying uninvited e-mail of a personal nature or by using lewd or offensive language in an e-mail message.

(7) Using another person's account or identity without his or her explicit permission, e.g., by forging e-mail.

(8) Viewing, damaging, or deleting files or communications belonging to others without appropriate authorization or permission.

(9) Permitting any unauthorized person to access a DISA or DoD-owned system.

(10) Modifying or altering the operating systems or system configuration (including the installation of software) without obtaining written authorization from the KO or COR.

H6. PROPOSED PERSONNEL

If any proposed personnel become unavailable after proposal submission, the Contractor is required to provide a substitute upon award on the same terms and with equal or greater qualifications than the individual originally proposed. If personnel are not readily available, invoices shall be reduced until fully staffed.

H7. NON-DISCLOSURE OF SENSITIVE AND/OR PROPRIETARY DATA

a. Access to Information. The Contractor recognizes that in the performance of this Contract it may receive or have access to certain sensitive information, including information provided on a proprietary basis by other contractors, equipment manufacturers and other private or public entities. The Contractor agrees to use and examine this information exclusively in the performance of this contract and to take the necessary steps in accordance with Government regulations to prevent disclosure of such information to any party outside the Government or Government-designated support contractors possessing appropriate proprietary agreements, as listed in paragraphs a.

through d. below.

b. Indoctrination of Personnel. The Contractor agrees to indoctrinate its personnel who have access as to the sensitive nature of the information and the relationship under which the Contractor has possession of or access to the information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information will be used for the profit of any party other than those furnishing the information. The Nondisclosure Agreement for Contractor Employees at Section J3 shall be signed by all indoctrinated personnel and forwarded to the KO, COR, and Task Order CORs for retention, prior to commencement of work. The Contractor shall restrict access to sensitive/proprietary information to the minimum number of employees necessary for contract performance.

c. Signed Agreements.

(1) The Contractor further agrees to sign an agreement to this effect with carriers, and other private or public entities providing proprietary data for performance under this contract. As part of this agreement, the Contractor shall inform all parties of its agreement to allow certain Government-designated contractors access to all data as required by the Government. One copy of each signed agreement shall be forwarded to the KO. These shall be signed prior to work commencing.

(2) In addition, the Contractor shall be required to coordinate and exchange directly with other contractors as designated by the Government for information pertinent and essential to performance of task orders issued under this contract. The Contractor shall discuss and attempt to resolve any problems between the Contractor and those contractors designated by the Government. The KO shall be notified in writing of any disagreement(s) which has (have) not been resolved in a timely manner, and furnish the KO copies of communications between the Contractor and associate contractor(s) relative to contract performance. Further, the close interchange between contractor(s) may require access to or release of proprietary data. In such an event, the Contractor shall enter into agreement(s) with the Government designated contractor(s) to adequately protect such proprietary data from unauthorized use or disclosure so long as it remains proprietary. A copy of such agreement shall be provided to the KO.

d. Remedy for Breach. The Contractor agrees that any breach or violation of the certifications or restrictions of this clause shall constitute a material and substantial breach of the terms, conditions and provisions of the contract and that the Government may, in addition to any other remedy available, terminate this contract for default in accordance with the provisions of FAR 52.249-6 - Termination (Cost-Reimbursement), FAR 52.259-6 – Termination (Cost-Reimbursement), Alt IV, and FAR 52.249-8 - Default (Fixed-Price Supply and Service).

Nothing in this clause or contract shall be construed to mean that the Government shall be liable to the owners of proprietary information in any way for the unauthorized release or use of proprietary information by this contractor or its subcontractors.

H8. WORK ON A GOVERNMENT INSTALLATION

In performing on-site work under this contract on a Government installation or in a Government building, the Contractor shall:

a. Conform to the specific safety requirements established by the contract or task order.

b. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.

d. Take such additional immediate precautions as the KO, contract level COR, or Task Order COR may reasonably require for safety and accident prevention purposes.

e. Conform to all security requirements as specified in the DD Form 254 and security requirements as specified in the Task Order Performance Work Statement (PWS)/Statement of Work (SOW).

H9. SECURITY CLEARANCES

A Top Secret Facility Site Clearance is required throughout the life of the contract. Additionally, if the successful offeror is comprised of a contractor teaming arrangement, each member of the teaming arrangement is required to maintain a Top Secret Facility Site Clearance throughout the life of the contract. The Contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations, as specified on individual 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.

H10. CONTRACTOR PURCHASING PROCEDURES

Contractor purchase of materials shall be limited to those incidental to or required for contractor performance, and shall be processed as follows:

a. Prior written approval of the Contracting Officer shall be required when the aggregate purchase amount exceeds $3,000, unless the Contractor has an approved purchasing system. For contractors with an approved purchasing system, ODC purchases under simplified acquisition threshold do not require consent to subcontract approval, provided they have ODC approval and funding under the task. Purchases require a minimum of three quotations. In the event the Contractor elects to purchase from other than the low quotation, justification (e.g., advantageous delivery for urgent item) shall be provided with the purchase request. A courtesy notification should be provided to the KO and COR for tracking purposes.

b. When the aggregate purchase is not in excess of the micro-purchase threshold, the Contractor may make the purchase without securing competitive quotations if the contractor determines the price to be fair and reasonable, prior to confirming with the KO and COR that funding is available. The Contractor shall consider the administrative cost of verifying price reasonableness for such purchases.

c. Noncompetitive purchase requests requiring the approval of the KO shall include a justification for other than full and open competition. The justification shall include the analysis and basis for determination that the price is fair and reasonable.

d. All purchase requests which require the approval of the KO shall include quotations received, determination of fair and reasonable price with supporting rationale, a copy of the PWS authorizing the ODC, and any justifications required by the procedures set forth herein.

e. The Contractor is required to include all costs associated with the purchase in the purchase order (e.g., freight, taxes, material handling costs etc.).

f. The Contracting Officer shall, upon contract award, provide the Contractor with written authorization to acquire parts, supplies, and materials from Federal supply sources in accordance with the contract clause entitled “Federal Supply Sources.” Such acquisitions shall be processed in accordance with FAR Part 51. Prior to the Contractor receiving a requirement for purchasing of parts, supplies, and materials, Government personnel will review the Federal supply sources for availability. Purchases from commercial sources may be accomplished only when the part, supplies, or materials are not available from Federal supply sources. The Government will provide documentation to the Contractor that the Federal supply sources were checked. All purchase requests from commercial sources shall be annotated to the effect that the Federal supply sources have been screened and the parts, supplies, or materials are not available.

g. Forms and formats for effecting the procedures set forth herein shall be mutually agreed upon subsequent to contract performance.

h. The Contractor shall maintain records of all purchases and such records shall be made available for review by the Contracting Officer or representative in accordance with the contract clause entitled “Audit of Records- Negotiation,” FAR 52.215-2 (Oct 2010).

i. Purchases subject to the contract clause entitled “Subcontracts,” FAR 52.244-2 ALT I (Oct 2010), shall be processed in accordance with the requirements to that clause.

j. All property acquired by the Contractor and for which the Government reimburses the contractor, becomes Government property upon receipt by the Contractor and shall be returned to the Government upon request or by contract termination. All contractor property shall be clearly marked to identify it as contractor property and not Government property.

k. The Contractor shall be reimbursed for materials, if they are directly required for the contractor’s performance under the terms of this contract, on the basis that the purchases are allowable, allocable, and reasonable. Neither this contract nor the FAR covers every element of cost. Lack of specific reference to an item of cost in this contract or the FAR does not mean that the cost is either allowable or not allowable. The determination of allowability shall be based on the principles of the FAR, the contract, and the Contracting Officer’s approval. The Contractor is encouraged to contact the Contracting Officer prior to purchasing reimbursable items that are not specifically addressed in the contract to determine if the items are allowable and should be purchased on the contract.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1. PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical/management requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

B. The contracting officer has determined there is a high probability of adequate price competition in this procurement. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, then no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. 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.

The subject line of the email shall be titled: “RFP HC1047-20-R-0013, Contractor Name, Source Selection Information See FAR 2.101 and 3.104.” Questions/comments are due no later than 1400 (ET) on 11 November 2020. Questions submitted after the deadline may not be answered. The email address for the KO and CS are gloria.r.norwood.civ@mail.mil and michael.s.heaney2.civ@mail.mil. Questions/comments will only be responded to if received in email and only when submitted on Attachment L1 - Solicitation Questions and Answer Template in Section L.

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 as directed above. All questions/comments provided in a timely manner will be answered in writing and provided to all offerors. However, 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.

D. Electronic Reference Documents.

All referenced documents for this solicitation are available on the Beta.Sam web site at https://beta.sam.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. Organizational and Consultant Conflict of Interest (OCCI).

Each offeror shall specifically identify in its proposal whether or not any potential or actual OCCI, as described in Federal Acquisition Regulation (FAR) Subpart 9.5, exists for this procurement. If the offeror believes that no OCCI exists, the OCCI response shall set forth sufficient details to support such a position. If an offeror believes that an actual or perceived OCCI does exist on this procurement, the offeror shall submit an OCCI plan with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.

F. DD254, DoD Contract Security Classification Specification.

Offerors must complete Block 6 of the attached DD254 with the appropriate information for their companies.

Completed DD254’s must be submitted with proposals provided in Section J, Attachment J5. Security classification requirements must be met at time of proposal submission.

G. Organization/Number of Copies/Page Limits.

The offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table L1 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified in Table 1. The contents of each proposal volume are described in the information to offerors paragraph as noted in the table below.

Table L1 - Proposal Organization

VOLUME VOLUME TITLE PAGE LIMIT

I Executive Summary 2 Readme File No limit II Technical/Management (Factor 1)

-to include Transition Plan

Resumes for Key Personnel 3 pg limit for each

III Past Performance (Factor 2) 3 pgs each submittal, Limit 5 submittals

Subcontractor Consent Letters No Limit IV Cost/Price (Factor 3) Price Narrative No Limit Pricing Spreadsheet; Pricing

Template; Other Pricing Information No Limit

V Contract Documentation

Table of Contents No Limit

Transmittal Letter and SF-33 No Limit Organizational and Consultant

Conflict of Interest Mitigation Plan No Limit

Glossary of Abbreviations and Acronyms

No Limit

DD254 Security Classification Form

No Limit

Representations and Certifications No Limit

Complete Attachment L4 - DISA Subcontracting Plan Review Checklist

No Limit

H. 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 may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors. 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. Each page shall be counted except blank pages or those identified in Table L1 above, Proposal Organization, as having no limit.

I. 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, not including foldouts. Pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12 point Arial, Times New Roman, or Courier New font for all text. The technical volume of the proposal shall be submitted as both an MSWord 2007 or newer file and as an Adobe PDF document. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 1 inch margins on the top and bottom and ¾-inch side margins.