Attachment_3_-_Additional_Terms_and_Conditions_2015_08_13.pdf

ATTACHMENT 3

HSCG23-15-R-MIA047

ADDITIONAL TERMS AND CONDITIONS

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1.0 ADMINISTRATION

1.1 CONTRACTOR PERSONNEL

1.1.1 Project Manager The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this contract. The Project Manager is further designated as Key by the Government (see PWS Section 1.5).

1.1.1.1 The Project Manager shall be a single point of contact for the Contracting Officer (KO) and the Contracting Officer’s Representative (COR). During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak and understand English. The Contractor shall not replace the Project Manager without prior acknowledgement from the KO.

1.1.1.2 The Project Manager shall be available to the COR via telephone between the hours of 0800 and 1700, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification.

1.1.2 Qualified Personnel. The Contractor shall possess a facilities clearance. All personnel performing work under this PWS shall be Untied States citizens or aliens lawfully admitted to the U.S. for permanent residence. The Contractor shall ensure the highest ethical standards and professional integrity are maintained while also safeguarding against waste, fraud and abuse.

Refer to the Performance Work Statement for levels of security required for each task.

1.1.2.2 The Contractor shall submit a list of employees to the COR for the Trusted Associate Sponsorship System (TASS). The Contractor shall be responsible for all associated fees (initial and renewal) that are required to participate in the TASS Programs.

1.1.2.3 The Contractor shall provide such forms to or request such information from Contractor employees that may be necessary for obtaining a CAC via the TASS. Completed forms and information shall be submitted as directed by the COR. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

1.1.2.4 Contractor or subcontractor employees who are declined a CAC via the TASS are ineligible to perform work that requires a CAC under this contract. When an employee with a CAC is no longer performing work under this contract, the Contractor shall notify the COR on the same day the employee stops working and shall deliver the CAC to the COR within seven (7) calendar days after such notification.

1.1.3 Employee Identification. Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, Page 2 of 5 Amendment 00001 08/13/2015 name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

1.1.4 Employee Conduct. The Project Manager shall ensure Contractor employees are aware of, understand, and abide by established USCG rules, regulations, and safety and work practices.

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or the U.S. USCG.

1.1.4.1 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. The KO may provide the Contractor with a written explanation to support any request to remove an employee.

1.1.5 Conflict of Interest. The Contractor shall not employ any person who is an employee of the U.S. Government if that employment would, or would appear to cause a conflict of interest.

1.1.6 Non-Personal Services. It is a matter of policy within the United States government to rely on the private sector for needed commercial services. However, using Contractor support must be done in a way that does not interfere with the Government’s ability to effectively create government policy, monitor Contractor performance, or maintain a competent and highly-skilled workforce. Information provided herein sets forth guidance stating the Government’s limitation on Contractors performing personal services and its restriction of Contractors performing inherently governmental activities for government requirements.

1.1.6.1 In accordance with federal procurement policies and regulations, no personal services or inherently governmental activities shall be performed under this PWS. No Contractor employee shall be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship and/or result in a Contractor performing inherently governmental activities between the Government and any Contractor employee, the Contractor shall promptly notify the KO of this communication, direction or action.

1.2 KEY PERSONNEL. Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key

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Contractor personnel without acknowledgment from the Contracting Officer. The Government may designate additional Contractor personnel as Key at the time of award.

Key Personnel: Project Manager

1.3 SECURITY. Contractor personnel performing work under Section 2.3 of this contract must have a Secret clearance at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.3.1 The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.4 PERIOD OF PERFORMANCE. The period of performance for this contract is one (1) year from 23 September 2015 to 22 September 2016, with four additional one-year option periods.

1.5 PLACE OF PERFORMANCE. The work to be performed under this contract shall be performed at the USCG Headquarters Building, 2703 Martin Luther King JR Ave SE Washington, DC 20593.

1.5.1 Alternate Work Site Alternate work site may be authorized with the following stipulations: On a case by case basis; with concurrence of the government and at the request of the Contractor and as a limited option for a specific period to remain productive during periods of inclement weather, recovery from sickness or illness and other mutually agreed upon circumstances

1.6 HOURS OF OPERATION. Contractor employees shall generally perform all work between the hours of 0800 and 1630 Eastern Time (ET), 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 PWS.

1.7 TRAVEL.

1.7.1 Travel Reimbursement. Contractor travel shall be required to support this Contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with FAR Part 31.205-46. The Government shall not reimburse the Contractor for travel to the “primary place of performance” or within the local commuting area.

The local commuting area is defined as a temporary duty outside of the "primary place of performance", but within the vicinity surrounding it. If the site is a minimum driving distance of less than fifty (50) miles, by the most direct route, from the primary place of performance, the site is considered a part of the local commuting area.

1.7.1.1 The Contractor shall be responsible for obtaining prior COR approval (electronic mail is acceptable) for all reimbursable travel to include a budgeted amount in advance of each travel event. Travel shall not be undertaken or be reimbursable without prior approval of the COR.

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1.7.2 Travel Locations or Limitations. Contractor travel beyond the minimum local commuting area of 50 miles from the primary place of performance shall be required to support this Contract.

1.7.3 Estimated Travel. The government estimates travel from Washington DC to the following locations:

Yorktown Va. Program Review (2 trips, 1 person, 2 nights) AFRICOM Headquarters, Garmish, Germany. Security Cooperation Planning WG (2 trips, 1 person, 7 nights) Pensacola Fl. International Military Student Officer WG (1 trip, 2 people, 7 nights) Jakarta, Indonesia. EXBS Program Review (1 trip, 1 person, 7 nights)

1.7.4 The government anticipates travel to locations outside the local commuting area to include OCONUS. When travel is required, costs will be reimbursed in accordance with rates published by the General Services Administration (GSA). The Contracting Officer’s Representative (COR) must pre-approve all travel. Local travel costs, such as parking in the Washington, DC metropolitan area are not an allowable cost under this task order.

1.8 INTELLECTUAL PROPERTY. The Government shall be granted an unlimited license to all Contractor developed processes and procedures as well as other forms of intellectual property first developed under this order (unless otherwise specifically stated in the order or contract).

Upon five business days notice the contractor shall provide at no additional cost, electronic copies of all materials first developed under this contract in a format with read and write capability using applications that are compatible with Coast Guard work stations.

1.9 [Reserved]

1.10 SECTION 508 COMPLIANCE. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. For additional information, please refer to FAR 39.2 or http://www.section508.gov.

1.11 Trusted Associate Sponsorship System (TASS)

(a) “Contractor employee” means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and/or logical access to information systems and/or facilities.

(b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard http://www.section508.gov/

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The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Trusted Associate Sponsorship System (TASS) is the automated application process for obtaining a CAC.

(c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use TASS to obtain a CAC.

(d) The Contracting Officer Representative (COR) shall serve as the TASS Trusted Agent and is responsible for creating contractor accounts in the TASS approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CAC when the contract expires or when a contractor or subcontractor employee stops working under the contract.

(e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COR shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN)

(f) The COR or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the TASS.

Completed forms and information shall be submitted as directed by the COR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

(g) Contractor or subcontractor employees who are declined via the TASS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return them to the COR or Contracting Officer on the same day the employee stops working.