Attachment_2_Supplemental_Terms_and_Conditions.pdf

HSCG23-15-R-MDW015

Attachment 2: Supplemental Terms and Conditions

SUPPLEMENTAL TERMS AND CONDITIONS

for

Contract Support for Project Management, Integrated Master Schedule, Meeting Facilitation, Contract Administration, and Knowledge Management/Decision Support for U.S. Coast Guard Headquarters, Office of Requirements and Analysis (CG-771) and Office of Aviation Forces (CG-711)

1. PERIOD OF PERFORMANCE. The period of performance for this contract is 09/02/2015 through

09/01/2016. In addition, there are four Option Periods, for a total contract performance period of five years if all options are exercised.

2. HOURS OF OPERATION. Contractor employees shall generally perform all work within normal business hours (0600 – 1700 EST/EDT), Monday through Friday (except Federal holidays).

However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this contract.

3. PLACES OF PERFORMANCE. The primary place of performance will be the United States Coast Guard’s Headquarters at 2703Martin Luther King, Jr. Ave. SE Washington, DC 20593 and The Metropolitan Washington, DC area.

4. TELEWORK. At the express authorization of the COR, the Contractor's employees may engage in teleworking in performance of the requirements. This authorization can be for individual days, or as broadly as authorized. A copy of this written authorization must be forwarded to the Contracting Officer.

4.1 The Contractor shall be responsible for all costs associated with remote access tools, such as, but not limited to, CAC-RAS and the cost for access to the USCG's telework server. The cost of the telework server is estimated at $363.05 per person, per calendar year. This cost is an estimate and may change at any time unilaterally as required by the Coast Guard.

4.2 The Contractor shall pay the difference in any changes in these costs through invoice price reductions in their next immediate invoice

4.3 Any Government Furnished Property, such as CAC-Readers, shall follow all regulations for Government Furnished Property. This property shall be returned to the Government without defects. The Contractor shall be responsible for all Government Furnished Property throughout its deployment, as well as repairs and/or replacement equipment should it be damaged.

4.4 It is solely the COR's discretion to distribute Government Property for telework purposes or to decide if the Contractor shall provide their own property.

4.5 The Contractor is solely responsible for costs such as internet access, and any and all overhead that may be required for teleworking.

4.6 Remote access or teleworking to Coast Guard systems is at the sole convenience of the Government and may be terminated without cause at any time at the Coast Guard's discretion without consent of the Contractor.

4.7 The Contractor reserves the right to perform physically work on-site.

4.8 It is the responsibility of the Contractor to fulfill the requirements whether physically on-site or teleworking.

4.9 The Contractor shall manage their employees to the same degree as if they were physically working on-site, this includes management, performance, and security concerns. Contractor employees may be held personally responsible for any breaches as a result of teleworking as well as the Contractor.

4.10 The Government shall not be held accountable for travel cost discrepancies as a result of work performed between teleworking employees and those employees physically working on-site.

4.11 The Contractor, at the discretion of the Coast Guard, is required to use Coast Guard-approved anti-virus software as well as any other applicable software when teleworking. These software applications can be found on the Coast Guard’s internal portal.

4.12 As directed, each Contractor employee may be required to sign a telework agreement with the United States Coast Guard. In the event that there is a discrepancy between the telework agreements and this clause, this clause shall take priority unless the agreement is more restrictive.

5. CONFLICT OF INTEREST. The Contractor’s employees shall comply with all applicable

Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, possession of weapons, and dress code) when visiting or working at Government facilities. The Contractor shall ensure that Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, DHS, or the USCG.

6. SECURITY. Contractor access to sensitive but unclassified information (For Official Use Only) is required under this Contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information. The Project Manager shall ensure that all Contactor staff performing these requirements shall complete and file a Non-Disclosure Agreement (DHS Form 11000-6) with the COR. Contractor personnel shall be personally liable for the security of all USCG information. Contractor employees shall safeguard all information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation. Failure to do so may result in contractual, company-wide, and personal consequences as a result of the disclosures.

7. TRAVEL. Contractor travel beyond 50 miles of the Metropolitan Washington, DC commuting area

(Washington, DC) is not authorized. The Metropolitan Washington, DC area is defined as the geographic area bounded by the outer boundaries of the combined areas of the District of Columbia;

Montgomery, Prince George’s and Frederick counties in Maryland; and Arlington, Fairfax, Loudon, and Prince William counties in Virginia outside of 50 miles of any of these locations. The Contractor is not required to access other government facilities to meet the requirements of the contract.

Contractor travel within the commuting area shall not be reimbursed under any circumstances. No other travel is authorized at this time. Should travel become a requirement, an official modification to the contract shall be issued to supply reimbursable travel funds.

8. GENERAL REPORTING REQUIREMENTS. For file maintenance management, the Coast Guard and CG-9 require Contractor correspondence, reports, invoices to be in an electronic format that are read, edited and stored on the current USCG standard workstation (e.g., Microsoft VISTA, SharePoint and Office 2007 applications). The Contractor shall provide a Deliverables Archive on CDROM or DVD format of all deliverables generated during the course of this tasking.

9. GOVERNMENT FURNISHED RESOURCES. For personnel stationed at the Coast Guard Headquarters in Washington, DC all required office space, desks, phones, computers, printers and associate software and licenses will be provided by the Government. All Government provided equipment and supplies shall only be used to conduct official Government business. For the people not assigned to the government space, the Contractor will be responsible for providing all furnishings and equipment.

10. DATA. Documentation to perform the tasks in this SOW is available via the Coast Guard Data

Network. Access to the documentation will be made available upon contract award. Data required to be delivered under this Contract, that could be deemed technical data under the clause FAR 52.227- 14, Rights in Data – General, if it were delivered in written form, shall not lose its status as technical data because access by the Government, or delivery by the Contractor, is by electronic means. All configuration work undertaken by the Contractor and recorded or uploaded into or installed upon any US Coast Guard system (including development, test, production, and failover environments) under this or any related or predecessor contract, is deemed to have been delivered to the Government and shall be the property of the US Coast Guard. All rights of the parties in these technical data deliverables shall be as specified in the clause Rights in Data – General.

11. CONTRACTOR FURNISHED RESOURCES. The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources.

12. ACCESSIBILITY REQUIREMENTS (SECTION 508 COMPLIANCE).

12.1 All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

12.1.1 Section 508 Compliance

12.1.1.1 Section 508 Applicable Exceptions. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the Contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public.

This exception only applies to those Contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

12.1.1.2 Section 508 Compliance Requirements. 36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards.

When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

All tasks for testing of functional and/or technical requirements must include specific testing for Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov.

12.1.1.3 Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

12.1.2 36CFR 1194 Compliance

12.1.2.1 36 CFR 1194.21 Software Applications and Operating Systems, applies to all

EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

12.1.2.2 36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

12.1.2.3 36 CFR 1194.26 Desktop and Portable Computers, applies to all desktop and portable computers, including but not limited to laptops and personal data assistants (PDA) that are procured or developed under this work statement.

12.1.2.4 36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

12.1.2.5 36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

13. ACCESS TO UNCLASSIFIED FACILITIES, INFORMATION TECHNOLOGY

RESOURCES, AND SENSITIVE INFORMATION. The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS mission. DHS Management Directive (MD) 11042.1 Safeguarding Sensitive But Unclassified (For Official Use Only) Information, describes how Contractors must handle sensitive but unclassified information. DHS MD 4300.1 Information Technology Systems Security and the DHS Sensitive Systems Handbook prescribe policies mailto:accessibility@dhs.gov and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering contractors specifically for all Contracts that require access to DHS facilities, IT resources or sensitive information. Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the Contractor except as specified in the contract.

14. COAST GUARD WORKSTATION ACCESS AND COMMON ACCESS CARDS (CAC). All Contractor personnel shall read and sign the Automated Information Systems (AIS) User Acknowledgement, Form CG-5500A prior to initial access to CGOne and upon any major changes to policy. In addition, they shall complete the mandated CG Cyber Security Awareness Challenge training, using the Learning Management System (LMS) within 96 hours after initial access has been granted, and annually thereafter. All Contractor personnel must be qualify for and required to have a CAC card after completing the required background vetting. Off-site Contractors shall employ a DOD/CG issued Common Access Card (CAC) to access their Coast Guard user account on CGOne in performance of their assigned duties.

15. EMPLOYEE CONDUCT. The Contractor’s employees shall comply with all applicable Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, possession of weapons, and dress code) when visiting or working at Government facilities. The Contractor shall ensure that Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, DHS, or the USCG.

16. FINAL REVIEW AND APPROVAL OF DELIVERABLES ONLY BY USCG PERSONNEL.

Contract employees acknowledge that at all times and for all assignments, only Government personnel can make the final review and approval of materials developed by the Contractor for use by the USCG.

17. REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from USCG facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this SOW. The KO will provide the Contractor with a written explanation to support any removal.

18. INTELLECTUAL PROPERTY. All Contractor deliverables, documents, processes, procedures, and other forms of intellectual property developed or modified under this contract—including all research, design, development, graphic design, written products, digital products, reports, knowledge management deliverables, and multi-media products—shall be considered Government property and shall be stored on Government-owned electronic storage media. Government-owned storage media shall not be removed from designated workspaces except at the direction of the KO, KS or COR.

Further, at no time shall deliverables or other work products under this contract be transferred to or maintained on non-Government storage media or devices, unless prior written approval is granted by the KS or COR. The Contractor shall submit all intellectual property developed under this statement of work to the Government as identified in the deliverables schedule or within five (5) business days of request from the COR or KO.

19. ACCEPTANCE CRITERIA. Contractor performance and deliverables shall be evaluated and accepted as follows:

19.1 Written products and Deliverables. All written work in support of this SOW shall be completed to the highest industry standards and shall be submitted to the Government virtually free from errors for review and final approval. Written products shall be grammatically correct, factually accurate and up-to-date, and consistent with Government plain language standards.

Additionally, all written products shall be completed in accordance with appropriate style requirements including: Work shall be of a professional quality that does not discredit the United States and conforms to the highest professional standards in terms of readability.

19.2 All Other Professional Services. All other professional services shall be accepted based on the results established in these requirements for the function of the product or service described.