Provisions_and_Clauses_HQ0034-15-R-0096_CCTV_FINAL.pdf

PROVISIONS AND CLAUSES HQ0034-15-R-0096

Special Contract Requirements

H-1 Security Requirements (Classified Contracts)

a. Security Classification Guidance

All Security Classification Guidance is provided on DD Form 254, Department of Defense Contract Security Classification Specification. Any changes or additional security classification guidance shall be provided to the Contractor in writing, through updates and modifications to the DD 254. At no time will the Government issue classification guidance in any other form (verbal, e-mail, etc.).

The Contractor must have an active facilities clearance at the Secret level. Overarching security requirements and Contractor access to classified information is specified in the basic DD Form 254. All contractor personnel must possess and maintain an active Secret security clearance. Contractor personnel must obtain and maintain a Common Access Card (CAC) to access to all IT systems prior to conducting work on this contract. Contractor personnel must also read and familiarize themselves with all organizational mission statements and charters, organizational structures, operating instructions, Standard Operating Procedures (SOP) and policy.

Contractor shall provide sufficient personnel with the required security clearances to perform the work as specified in this PWS. For work performed at GTMO, personnel must be cleared at the SECRET level or above (at the time of contract award) to escort their additional contractor staff to work within the OMC areas of operation. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force at the requisite Secret security clearance level are essential.

Contractor personnel not requiring a personnel security clearance, but performing Automated Data Processing (ADP) sensitive duties, are subject to investigative and assignment requirements in accordance with DoD 5200.2 (series), DoD Personnel Security Programs, and affiliated regulations. The Contractor shall bear the cost of any security clearances required for performance. The contractor shall, when required, provide an escort for uncleared personnel. The DoD 5200.2 (series) can be accessed at http://www.dtic.mil/whs/directives/corres/dir.html

The Government will be responsible for obtaining security certification for all equipment/ systems processing classified information. The Government will identify security certification requirements to the Contractor during the initial system review. The Contractor shall ensure their operation and maintenance procedures comply with those regulations identified within the DD254, Contract Security Classification Specification.

All Contractor employees who perform on this contract and are subject to organizational conflict of interest (OCI) restrictions shall execute and sign a non-disclosure agreement (NDA) provided as Attachment B – Non-disclosure Agreement to this task order. A signed copy of this statement shall be provided to the Contracting Officer and to the COR.

b. Facility Security Clearance (FCL)

1. The request shall be submitted at the level (Confidential, Secret, Top Secret) identified in block 1 a, and if classified storage is required, block b of the DD Form 254. It is the responsibility of the Contractor to coordinate with DSS to ensure that the FCL (interim is acceptable) is in place not later than 30 days after award, with verification in writing to the Contracting Officer or Contracting Officer’s Representative (COR).

2. The Contractor’s Facility Security Officer (FSO) shall report, in writing, to the Contracting Officer any changes in the Contractor’s security status throughout the contract period of performance.

c. Personnel Security Clearance (PCL)

1. Contractor employees assigned to this project require a PCL at the level (Confidential, Secret or Top Secret) identified in block 1.a of the DD Form 254. Prior to assignment of Contractor employees to this project, the Contractor’s FSO shall submit PCL validation through use of a Visit Authorization Request (VAR) for each employee, in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) to the designated security representative.

2. Changes in PCL status of Contractor employees shall be forwarded in writing to the Contracting Officer and the designated security representative.

d. Sub-Contractors Subcontractors shall comply with the same security requirements as the Contractor. The Contractor shall issue DD 254s to each subcontractor reflecting the same security requirements applicable to the prime contract. The contractor shall also sponsor subcontractor(s) for an FCL and associated PCL(s) required in accordance with the DD 254.

Clause usage: All WHS contracts when performance will be on the Pentagon Reservation or other DoD facilities. Check paragraph 4 only when a Pentagon badge is not required for contract performance.

H-2 IDENTIFICATION OF EMPLOYEES

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials.

All documents or reports produced by the Contractor shall be marked as contractor products or otherwise indicate that contractor participation is disclosed.

H-3 LOCAL INSURANCE

(a) In accordance with the contract clause entitled “Insurance-Work on a Government Installation,” FAR 52.228-5, the Contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Type Amount Comprehensive General Liability Bodily injury or death $500,000 per occurrence Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person $500,000 per occurrence Property Damage $20,000 per occurrence Worker’s Compensation and Employer’s Liability $100,000 per person* *Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease sttures. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liabilitiy section of the insurance policy, except when contract operations are so co-mingled with a contractor’s commericial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compendation to be written by private carriers.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

( c) The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(End of Clause)

H-4 DOD BUILDING PASS ISSUANCE

1. All personnel employed by a civilian commerical firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DOD) Building Pass/Access Card.

2. The Contractor shall be responsible for having each employee requiring a Temporary DoD Building Pass/Access Card prepare the necessary applications, advising personnel of their obligations, filing the applications with the Contracting Officer, maintaining personnel files and re-filing application for personnel in the event that clearances must later be extended. Personnel requiring a Temporary DoD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

3. The Government will issue DoD building passes to eligible persons upon the completion of a National Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies. Processing of completed applications for intitial pass issuance or renewal of existing passes will require three to five working days.

(End of Clause)

H.5 GOVERNMENT FURNISHED MATERIALS

Basic facilities such as work space and its associated operating requirements (i.e., phones, desks, utilities, information technology, consumable and general purpose office supplies) will be provided while working in Government facilities. Additionally, the tasks in this PWS require a physical presence in order to ensure successful performance. The Government will provide information, material and forms unique to the Government for supporting the task. All data will be stored/processed on government-owned equipment. The contractor may not use personal or company-owned assets to store or process data associated with this effort unless preapproved by the COR. All Government unique information related to this requirement, which is necessary for Contractor performance, will be made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.

H.6 QUALITY CONTROL PLAN

The Contractor shall prepare and adhere to a Quality Control Plan (QCP). The QCP shall document how the Contractor will meet and comply with the quality standards specified in the PWS. At a minimum, the QCP must include an effective quality control and assurance program for all provided and/or purchased GFE to ensure reliable functionality of all broadcast and receive sites, a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this PWS. The Contractor will also maintain all necessary safeguards to ensure all program aspects and staff assigned to these projects posses the necessary skills and professional judgment to ensure mission success.

The Contractor will provide a copy of the contractor’s quality control and assurance program to the COR and OMC PM Team. The contractor must implement all necessary procedures to identify, prevent and ensure replacement of defective services/devices. The Government will be notified and approve, as defined in Section 1.4.3, of any changes in the Contractors quality control and assurance program.

Government Oversight: Government reserves the right to evaluate the Contractor’s performance under this contract in accordance to the following Quality Assurance Surveillance Plan.

If the COR, OMC PM Team, or other representatives of the Government, observes that the contractor has become deficient in meeting agreed upon standards, the contractor will be required to rectify all identified problems in a timely manner as agreed upon by the Government and contractor.

H.7 Data Rights (Limited Use of Data): The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government and shall be delivered to the COR promptly, upon request..

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

The contractor will treat all data encountered or created pursuant to this contract as Sensitive. No data will be released outside of the Department of Defense for any reason, to anyone, without the proper approval and consent of authorized Government personnel. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

H.8 Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The data shall be reported on a task order level. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mil.

H.9 Disclosure and Avoidance of Inherently Governmental Functions The contractor shall not perform or give the appearance of performing inherently governmental functions as described in FAR Part 2 and Subpart 7.5, and applicable DoD policy. None of the services to be performed are inherently governmental functions. All contractor personnel shall identify themselves as Contractor Support in all forms of communication during the performance of their duties under this Agreement. In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Government, but rather shall identify themselves as being under contract to Government. The contractor shall:

H.9.1. Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contracted support.

H.9.2. Include a title block in all emails that states the fact that the person is contracted support.

H.9.3. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the Government understands that the person is contracted support.

All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

H.10 Non-Personal Services Contract In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

H.11 TRANSITION

The Contractor shall follow its transition plan submitted as part of their proposal and keep the Government fully informed of status throughout the transition period. Throughout the phase-in/phase-out periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission. The Contractor must plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-in/phase-out periods.

11.1 Phase-in

The Contractor shall submit a detailed phase-in plan to include start-up activities that may be required to transition to full operational capability upon conclusion of the transition period.

The Contractor shall:

Provide a detailed transition methodology in logical sequence to ensure a smooth transition of all tasks/subtasks of the contract without interruption or degradation of service levels;

Provide a timeline for completion; and Identify associated risks and issues and risk mitigation strategies.

11.2 Phase-out

The Contractor shall provide a phase-out plan no later than sixty (60) days prior to expiration of this contract. The Contractor shall maintain complete documentation that is totally assessable to the designated Government representatives via a web portal or some other portal as the Government directs. The Contractor shall overlap with incoming Contractor during transition for a nominal period of 30 days and will work with Government personnel and the incoming contractor to transfer knowledge, equipment, information and documentation for all projects and tasks related to this contract. The type of information and documentation to be transferred includes but is not limited to:

Copies of all program codes, designs, files, and equipment.

Note: All automated data files in the possession of the contractor are the property of the Government and shall be turned over to the Contracting Officer or the COR at the completion or termination of the contract. Additionally, all records related to the execution of the current contract shall be returned to the Government as electronic copies that are readable and accessible by the Government.

H.12 TRAVEL

Travel outside the National Capital Region (NCR) is required and the Contractor must provide a minimum of one week’s notice of expected travel. All travel within 100 miles of the NCR and designated CCTV sites is included in the price of this contract. When movement of contractor personnel is required locally (i.e., Metro) costs will be borne by the contractor. The Government will reimburse the contractor for all other travel outside the 100 mile limitation that was authorized in advance by the Contracting Officer or Contracting Officer’s Representative (COR), for reasonable travel related expenses.

Contractors are required to travel under this contract to U.S. Naval Station Guantanamo Bay (GTMO), Cuba; therefore contractors are required to possess a valid U.S. Government passport.

All travel to GTMO requires prior approval by the Contracting Officer’s Representative and must be in accordance with the Joint Travel Federal Regulation (JTFR) and Joint Travel Regulations (JTR). The contractor shall be reimbursed for actual allowable, allocable, and reasonable travel costs incurred during performance of this effort in accordance with the FAR 31.205-46 “Travel Costs”. Requests for approval of costs in excess of maximum per diem rates in accordance with the procedures contained in FAR 31.205-46(a)(3) must be submitted to the COR for final approval prior to commencement of travel.

While in GTMO, the Government will provide the contractors housing, meals, and transportation. Contractors will be reimbursed in accordance with the JFTR. If a government vehicle or rental car is issued, the contractor must possess a valid U.S. driver’s license.

Contractors are required to stay in Government-furnished housing which will consist of a cuzco trailer or tent. In the event Government housing is unavailable, with the COR's approval, contractors may be authorized to stay at Navy transient housing. Contractors will not be reimbursed for the cost of transient housing not previously approved by the COR.".

In accordance with the Joint Travel Regulation and the Federal Acquisition Regulation, the contracting agency must engage and work with the Contracting Officer to register in the Synchronized Pre-deployment and Operational Tracker (SPOT) to provide "Letters of Authorization" to their respective contractors to facilitate the travel and reimbursement of any and all CONUS and OCONUS travel. Training and registration for SPOT can be accessed at https://spot.dmdc.mil/privacy.aspx.

H.13 CONTRACT MANAGEMENT

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to this requirement. The Contractor must maintain continuity between the support operations at OMC and the Contractor's corporate office.

The Contractor shall establish processes and assign appropriate resources to effectively administer this contract. The Contractor shall respond to Government requests for contractual actions in a timely fashion. The Contractor shall have a single point of contact, (the Contracting Officer’s Representative (COR)) between the Government and Contractor personnel assigned to support this contract. The Contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on this requirement.

The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The work to be performed herein is considered bona fide professional labor and is exempt from the Fair Labor Standards Act (FLSA).

An integral part of successful performance under this contract is not only the production of quality products described in Section 1.0, but the responsiveness of contractor personnel in the day-to-day output of work products. While the end product or deliverable is vital to successful performance, day-to-day oversight also includes client interaction and responsiveness.

Accordingly, the contractor is required to proactively maintain assigned tasks, and be responsive to all entities with professional business dealings related to the assigned tasks.

H.14 SUBCONTRACT MANAGEMENT

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Contracting Officer or Contracting Officer’s Representative (COR).

H.15 PERSONNEL REQUIREMENTS

Contractor must provide staffing to meet the following skill requirements:

15.1 Satellite/Network Technician in CONUS (minimum of 3 years of experience):

15.1.2 Knowledge of satellite communications with experience in very small aperture terminals (VSAT) and associated equipment. This includes demonstrating an ability to establish and maintain VSAT terminals in the field.

15.1.3 Ability to control transmission equipment in order to regulate transmission quality during Broadcasts.

15.1.4 Functional knowledge of adjusting and selecting sources from which programming will be received, or through with programming will be transmitted. Specialized experience in video and audio broadcast of internet protocol is a must.

15.1.5 Demonstrative experience to quickly analyze and resolve transmission issues.

15.1.6 Knowledge of IP networks, switches and routers.

15.1.7 Ability to manage network traffic and configure network devices.

15.1.8 Knowledge of various types of software and hardware such as Cisco Systems

Cisco Works, Solar Winds software, virus protection and configuration management and network security management software.

15.2 Satellite/Network Technician in GTMO (minimum of 3 years of experience):

15.2.1 Possess a strong technical and analytical background in satellite communications to include data networks and transmission packets, the ability to establish transmission plans and knowledge of satellite equipment to include modems and networks.

15.2.2 Knowledge and ability to effectively establish two-way communication via a satellite system.

15.2.3 Strong computer background in software application and system integration

15.2.4 Ability to maintain and monitor satellite construction on site

15.2.5 Knowledge of IP networks, switches and routers

15.2.6 Ability to manage network traffic and configure network devices

15.2.7 Knowledge of various types of software and hardware such as Cisco Systems Cisco Works, Solar Winds software, virus protection and configuration management and network security management software.

H.17 Documentation Programming, documents, data files, reports, correspondence, and all other documents and writings, together with any charts, graphs, tables, illustrations, photographs, images, and other illustrative, explanatory, historical documents related thereto or independent thereof, regardless of the medium (or media) by which they were produced, preserved, stored, or created in connection with or for purpose(s) of work performed under this PWS and contract, are property of the Government and shall be delivered to the COR promptly, upon request.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which is not considered public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for purposes and to the extent authorized herein. The Contractor shall not release any information related to this contract to the public, media or other unauthorized persons or organizations unless the government has conducted the appropriate security review and granted written approval (e.g. posting information to a public website).

H.17.2 Final Report: The Contractor shall provide a final report to the COR. The final report shall include the following: (1) location of all Government work products generated by the contractor; (2) pending tasks/action requiring the Government’s attention; (3) problems or constraints encountered; and (4) suggested solutions to problems or constraints encountered. The contractor shall provide all data deliverables in a hard copy format, in English, with an editable electronic version. Electronic versions will be provided in standard Microsoft formats (MS Word,MS Excel, MS PowerPoint, Etc.) on a CD-ROM or DVD.

H.18 Training The Contractor shall ensure that all of its employees have been properly trained and are qualified to perform assigned tasks under this PWS. Additionally, the Contractor shall ensure that personnel are trained on the common suite of Microsoft Office tools (e.g., Word, Excel, PowerPoint), and other applicable programs. The Government will provide or coordinate training on any new Government-provided equipment or Government-directed training (e.g., Information Assurance). If such training requires travel on the part of contractor employees, local travel costs (i.e., Metro) shall be borne by the contract personnel. The Government shall provide any special training required for remote location deployment of contractor personnel.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.216-7 Allowable Cost And Payment JUN 2013 52.216-11 Cost Contract--No Fee APR 1984 52.222-50 Combating Trafficking in Persons MAR 2015 52.244-6 Subcontracts for Commercial Items APR 2015 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of

Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors

FEB 2014

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

FEB 2014

252.204-7015 Disclosure of Information to Litigation Support Contractors

FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

252.211-7003 Item Unique Identification and Valuation DEC 2013 252.211-7006 Passive Radio Frequency Identification SEP 2011 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7003 Requirement for Submission of Data Other Than

Certified Cost or Pricing Data--Canadian Commercial Corporation.

JUL 2012

252.215-7004 Requirement for Submission of Data Other Than Certified Cost or Pricing Data--Modifications- Canadian Commercial Corporation.

OCT 2013

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.219-7003 Small Business Subcontracting Plan (DOD

Contracts)

OCT 2014

252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7000 Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-

- Basic (Nov 2014)

NOV 2014

252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7009 Restriction on Acquisition of Certain Articles

Containing Specialty Metals

OCT 2014

252.225-7010 Commercial Derivative Military Article--Specialty Metals Compliance Certificate

JUL 2009

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7015 Restriction on Acquisition of Hand Or Measuring

Tools

JUN 2005

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings

JUN 2011

252.225-7017 Photovoltaic Devices JAN 2014 252.225-7018 Photovoltaic Devices--Certificate JAN 2014 252.225-7020 Trade Agreements Certificate--Basic (Nov 2014) NOV 2014 252.225-7021 Trade Agreements--Basic (Nov 2014) NOV 2014 252.225-7023 Preference for Products or Services from

Afghanistan

SEP 2013

252.225-7024 Requirement for Products or Services from Afghanistan

SEP 2013

252.225-7026 Acquisition Restricted to Products or Services from Afghanistan

SEP 2013

252.225-7027 Restrictions on Contingent Fees for Foreign Military Sales

APR 2003

252.225-7028 Exclusionary Policies And Practices Of Foreign Government

APR 2003

252.225-7029 Acquisition of Uniform Components for Afghan Military or Afghan National Police

SEP 2013

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7035 Buy American--Free Trade Agreement--Balance Of

Payments Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments Program--Basic (Nov 2014)

NOV 2014

252.225-7037 Evaluation of Offers for Air Circuit Breakers JUN 2005 252.225-7038 Restriction on Acquisition of Air Circuit Breakers JUN 2005 252.225-7040 Contractor Personnel Supporting U.S. Armed

Forces Deployed Outside the United States

JAN 2015

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

MAR 2006

252.226-7001 Utilization of Indian Organizations and Indian- Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7037 Validation of Restrictive Markings on Technical Data

JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and

Contingency Operations

MAY 2013

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.237-7019 Training for Contractor Personnel Interacting with Detainees

JUN 2013

252.239-7017 Notice of Supply Chain Risk NOV 2013 252.239-7018 Supply Chain Risk NOV 2013 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment To The Cost Bearer

JUN 2013

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 252.247-7025 Reflagging or Repair Work JUN 2005 252.247-7026 Evaluation Preference for Use of Domestic

Shipyards--Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade

NOV 2008

252.247-7027 Riding Gang Member Requirements OCT 2011 252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.201-9000 WHS/AD LOCAL CLAUSE: CONTRACTING OFFICER’S

REPRESENTATIVE (COR) (MAR 2015)

(a) The Contracting Officer’s Representative (COR) is a representative of the Government with limited authority who has been designated in writing by the Contracting Officer to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor’s performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the Contracting Officer for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the Contracting Officer has issued a written directive or a written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the Contracting Officer.

(d) COR authority is not delegable.

(e) The COR for this contract is: Darrell Roberson, darrell.e.roberson.civ@mail.mil.

(end of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the…