M67400-20-Q-0079.pdf

SEE ADDENDUM

(No Collect Calls)

M6740020Q0079 14-Aug-2020

b. TELEPHONE NUMBER

011-81-98-970-8145

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 14 Sep 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M674009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MINAKO YARA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCIPAC REGIONAL CONTRACTING OFFICE

MCB CAMP S.D. BUTLER

OKINAWA 904-0100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 315-645-3607

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

611430

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6740020Q0079

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY FULL TEXT

Section SF 1449 - CONTINUATION SHEET

52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)

The provision at 52.212-1, incorporated by reference, applies with the following changes/additions:

(a) North American Industry Classification System (NAICS) code and small business size standard.

Non-U.S. business concerns of any size are not qualifying entities.

(b) SUBMISSION OF OFFERS. [Changed to read as follows]:

Submit signed and dated offers electronically (emailed) using the specified contact information in section (m) below, at or before the exact local date / time, Japan Standard Time (JST) specified in block 8 of this RFQ.

Due to government computer firewall security and file size limitations, please be advised that it is the prospective contractor’s responsibility to ensure that the Contracting Office receives ALL required documents on time, including acknowledgment of receipt from the Government.

OFFERS MUST BE SUBMITTED AS INDICATED:

(1) Completed SF1449/SF30. All Pricing and other required information, including:

SF1449

(a) Block 5, The Request for Quote number;

(b) Block 8, The time specified in the Request for Quotes for receipt of offers;

(c) Blocks 17a including the name, address, and telephone number of the Offeror

(d) Block 17b if appropriate, "Remit to" address, if different than mailing address;

(e) Blocks 30a, 30b, and 30c.

SF30 (if applicable)

(f) SF30 block 15a,b,c; and Acknowledgment of Request for Quotes Amendments, if applicable

(2) Offeror’s Price: Include, at a minimum:

Offerors price submission shall contain all the pricing information. Only one (1) original copy shall be submitted. .

All price/cost and price/cost supporting information shall be contained in Exhibit A, B, C, D and E and the price/cost proposal. No price or pricing information shall be included in any other technical volume including cover letters. Offeror are responsible for submitting sufficient information to enable the

Government to fully evaluate their price/cost proposal.

All prices contained in the pricing schedule reflect total compensation for the services detailed therein and are fully inclusive of all costs including labor (workers, management, aids, assistants, operators), overhead, general and administrative (G&A) expenses, and profit.

Failure to provide pricing for all line items will result in quotes being determined non-responsive..

(3) Technical information. Information sufficient for technical evaluation. Include, at a minimum: A list and description of courses offered and how they are maintained/updated as well as a detailed description of the on-line platform where courses are registered for and conducted. To evaluate compliance, the written plan must address every task, requirement, and deliverable in the PWS.

(4) Validation of Representations and Certifications. Reps/certs completed electronically and registered as current via SAM per 52.212-3 need not be re-submitted. However, the following information MUST be provided with this quotation. Submitting the information affirms that the offeror is registered and current in the SAM database:

Commercial And Government Entity Code (CAGE) _________________(U.S. Vendor)

NATO Commercial And Government Entity Code (NCAGE) _________(Foreign Vendor)

Taxpayer Identification Number (TIN) ____________________

Data Universal Numbering System (DUNS) ____________________

(a) In accordance with 52.212-3 offerors must identify with its offer/quote, any information regarding its representations and certifications that has changed since updated in SAM.

(b) Alternatively, a completed copy of the representations and certifications at FAR 52.212-3 may be submitted.

(c) Other Representations and Certifications which may be required, but not resident in SAM.

(5) Licenses/Certifications. License/certification to do business, if applicable and copies of other necessary licenses, certifications, permits as applicable.

(6) Past performance information. Past performance information, to include identification of recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

(c) Period for acceptance of quotes.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of quotes.

(m) Correspondence.

All and any communications/questions pertaining to this solicitation must be submitted in the format provided in

Attachment I to the Point of Contact below, no later than August 28, 2020 by 10:00AM Japan Standard Time

(JST). If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contract Specialist in writing with supporting rationale.

Point of Contact:

Regional Contracting Office (RCO)

Attn: Minako Yara

Bldg #355, Marine Corps Installations Pacific - MCB Camp Butler, Okinawa, Japan

Phone: 011-81-98-970-3128 (from U.S.) / 098-970-3128 (Local)

Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local)

E-mail: minako.yara@usmc.mil

Addendum to 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) This is a commercial item requirement using Simplified Acquisition Procedures under FAR parts 12 and 13, respectively. Evaluation will be conducted using simplified procedures in accordance with FAR 13.106.

(b) The Government will award to the responsible offeror whose quote, conforming to the solicitation will be most advantageous to the Government, price and other factors considered. To receive consideration for award, the Offeror must, at a minimum, be rated ‘acceptable’ for ‘technical’ and ‘satisfactory’ ’ for ‘past performance’ factors in regard to meeting the Government's requirements in each area of the PWS.

The following factors shall be used to evaluate quotes:

1) Technical

2) Price

3) Past Performance

c) The Technical evaluation will be based upon the quoters submissions described in the “Technical Information” section of 52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015).

Quoters will be evaluated on the suitability of their written plan, and ability to convey a clear, comprehensive approach to meeting the requirement as described in the PWS.

d) For purposes of evaluation and determination of responsibility, and in accordance with FAR 13.106-2(b)(3), this assessment will primarily be conducted through Federal Awardee Performance and Integrity Information System

(FAPIIS) / Contractor Performance Assessment Reporting System (CPARS), but may include other authorized methods described. Past performance, for purposes of this evaluation, will be assessed as ‘satisfactory’ or

‘unsatisfactory’ at the discretion of the contracting officer based on the totality of information available. A past performance determination of ‘unsatisfactory’ will exclude the offer from consideration for award.

e) Price. Competition is anticipated for this requirement and price evaluation will be conducted primarily using price competition as defined in FAR 13.5, FAR 15.403-1(c)(1)(i) and FAR 15.403-3 (two or more competitive quotations). Price analysis may be further substantiated using market research results. In case where price competition is not evident, and/or only one quote is received, conduct price analysis in accordance with FAR

13.106-3(2) and prescribed DFARS techniques at 215.371-1 through 215.371.3.

f) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

mailto:minako.yara@usmc.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit A, B, C, D and E. Price List of Courses.

Ordering Period: 21 Sep 2020 ~ 20 Sep 2025

NET AMT

0001AA Lot Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit A, Price List of Courses.

Ordering Period One (1): 21 Sep 2020 ~ 20 Sep 2021

FOB: Destination

0001AB Lot Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit B, Ordering Period Two (2): 21 Sep 2021 ~ 20 Sep 2022

0001AC Lot Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit C, Ordering Period Three (3): 21 Sep 2022 ~ 20 Sep 2023

0001AD Lot Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit D, Ordering Period Four (4): 21 Sep 2023 ~ 20 Sep 2024

0001AE Lot Courses

FFP

The Contractor shall provide the services to perform the tasks as required by the

Performance Work Statement (PWS) at those prices established under Exhibit E, Ordering Period Five (5): 21 Sep 2024 ~ 20 Sep 2025

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0001AC Destination Government Destination Government 0001AD Destination Government Destination Government

0001AE Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA POP 21-SEP-2020 TO

20-SEP-2021

N/A N/A

0001AB POP 21-SEP-2021 TO

20-SEP-2022

0001AC POP 21-SEP-2022 TO

20-SEP-2023

0001AD POP 21-SEP-2023 TO

20-SEP-2024

0001AE POP 21-SEP-2024 TO

20-SEP-2025

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

For

III MEF Cyberspace Training

1.0 General

1.1 Introduction and Background. Marine Corps Training and Education Command (TECOM) does not currently offer a cyberspace training solution beyond entry-level, and there is no local training solution or cyberspace ranges available to develop and sustain the complex technical skillsets required for the 17XX Occupational Field, including: Cyberspace Officer (1702 and 1705), Cyberspace Chief (1799), Defensive Cyberspace Operator (1721), Offensive Cyberspace Operator (1711), Defensive Cyberspace Weapons Officer (1720), Offensive Cyberspace

Weapons Officer (1710). This will remain an enduring requirement until TECOM is able to field an alternative training solution to 3rd Marine Expeditionary Force (III MEF) for 2000-level (2000-level training is defined as

Individual Training Skills Progression MOJT, Advanced Level Schools (Core Plus Skills) training and above. The government seeks to establish a Firm Fixed Price Requirements Contract with a five year ordering period for an estimated 200 training course over the life of the contract. .

1.2 Scope of Work and Objective. This contract applies to all III MEF 17XXs, as well as 023Xs who support cyberspace operations. III MEF has a requirement to conduct cyberspace operations. Though the exact quantity of training is unknown, III MEF Cyberspace Forces require advanced, commercially available cyberspace training.

1.3 Ordering Period. 21 Sep 2020 through 20 Sep 2025

1.3.1 Federal Holidays. The contractor shall not be required to provide services on federal holidays unless the holiday is particularly specified otherwise in this PWS.

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S.

government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday

In addition to these federal holidays, if the President of the United States issues an executive order closing the federal government, that date shall also be considered a recognized federal holiday (Reference

Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statues insofar as they relate to the pay and leave of employees of the United States).

1.0 Place of Performance. N/A. Contractor shall provide an online platform to conduct training

2.0 Technical Requirements (Description of Work / Tasks): This contract effort is intended to provide Marines within III MEF that conduct cyberspace operations a training venue capable of developing, certifying, and sustaining complex technical skillsets necessary to maintain currency in a rapidly evolving digital ecosystem.

3.1 Course Requirements:

The Contractor shall provide online, self-paced, on-demand courses in order to maximize flexibility and deconfliction with operational requirements.

The Contractor shall include courses with realistic, scenario based training and practical application which assesses the student’s ability to demonstrate proficiency in a virtual computer range environment. The required courses are listed in section 3.2 and Exhibits A-E.

The Contractor shall provide required course material, including but not limited to printed books, virtual range access, access to software repositories and virtual machines necessary to demonstrate knowledge, skills, and abilities covered by the program of instruction.

The Contractor shall provide an on-line secure account which the Government may use to register course participants. The Government shall provide funding for specified courses with each order. Government personnel authorized to register participants for courses will be identified at the Task Order (TO) level. The Contractor shall not accept registration requests from individuals not expressly authorized.

The registered courses shall be within the period, quantities, and amount authorized by TOs.

The on-line secure account must only allow authorized representatives to access courses that are approved on TO’s. The contractor shall not allow authorized representatives to register courses that exceed the limitation of

Federal Holiday Occurrence

New Year’s Day 1 January*

Martin Luther King Jr.’s Birthday 3rd Monday of January

President’s Day 3rd Monday of February

Memorial Day last Monday of May

Independence Day 4 July*

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11 November*

Thanksgiving Day 4th Thursday of November

Christmas Day 25 December* the TOs unless the Regional Contracting Office issues a contract modification to increase the limitation or a new

TO.

The Contractor shall inform the Defensive Cyberspace Operations Internal Defensive Measures (DCO-

IDM) Company Training Representative of any changes or updates to the available curricula requirements specified below under section 3.2.

3.2 Training Requirements: Courses offered shall train participants of beginner, intermediate, and advanced skill levels in the following subject areas:

Incident Response

Endpoint security essentials

Endpoint forensics

Windows and Linux Operating System essentials

Network security essentials

Network forensics

Malware analysis

Vulnerability analysis

Cyber threat intelligence

Industrial Control System Defense

Security Information and Event Manager (SIEM)

Security Leadership Essentials

Acronyms.

7th Comm Bn 7th Communication Battalion

NICE National Initiative on Cyber Education

DCO-IDM Defensive Cyber Operations Internal Defensive Measures

4.1 Meetings and Status Reports. The Contractor shall provide a written monthly status report on the progress of course registrants and inform the Training Department of Courses Requested, Completed, and Examination Status.

Reports are due no later than the 5th of each month.

5.0 Applicable Documents / Governing References. In addition requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance

Reference Location

NAVMC 3500.124 (current edition):

Cyberspace T-R Manual www.usmc.mil

DoDD 8140.01 (Change 1 7/31/2017):

Cyberspace Workforce Management www.dod.mil

DoD 8570.01-M (Change 4 11/10/2015):

Information Assurance Workforce

Improvement Program www.dod.mil

ECSM 024 Marine Corps Cyberspace

Information Technology/Cybersecurity

Workforce Qualification Program: Cyber

IT/CSWF QP

www.usmc.miml

SECNAV M-5239.2 DON Cyberspace IT and Cybersecurity Workforce Management and Qualification www.navy.mil

6.0 Government Furnished Facilities, Equipment, Services and/or Information. There will be no requirement for GFE for this PWS.

7.0 Special Instructions and Administrative Information

7.1. Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

7.2. Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

7.2.1. Telephone Identification. Identify themselves as contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of Government-related requirements and activities.

7.2.2. Recorded Messages. Identify themselves as contractor personnel in all recorded messages including those, which are heard by callers attempting to contact contractor employees via answering machines or voicemail.

7.2.3. Meetings, Conferences and Events. Identify themselves as contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any Government related requirements or activities.

7.2.4. Correspondence. Identify themselves as contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including, but not limited to, correspondence sent via the U.S. Mail, facsimile, or electronic mail (email) inclusive of out-of-office replies

7.3. 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 Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

7.4. Mission Essential Personnel / Tasks. Unless specified otherwise in this Performance Work Statement, contractors supporting this contract/order are not considered “Mission Essential” personnel (as defined in DFARS

237.76) who would be required during crisis or emergency operations.

7.5. Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive

4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a

DOD installation shall participate in local Voluntary Protection Programs (VPP). Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html

7.6. Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this http://www.osha.gov/dcsp/vpp/index.html contract/order. The regulation may subject the contractor and/or contractor's personnel to criminal liability under

Title 18, Section 793 and 7908 of the United States Code.

7.7. Classified information. Any classified work products shall be handled in accordance with DoD Instruction

5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official

Use Only (FOUO), sensitive, confidential, and/or classified information and material.

7.10. Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the government may conduct Quality

Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.

SECTION II

PERFORMANCE REQUIREMENT SUMMARY (PRS)

Performance

Objective

PWS

Section

Performance

Standard

Acceptable

Quality Level

Surveillance

Method Incentive

On-line, self-paced, on-demand course platform.

3.1

Provide an online secure platform to register and conduct training authorized in individual Task Orders

No more than 5 reported problems with registering or conducting courses per quarter.

100% inspection

CPARS report

(positive or negative)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (JUN 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation

2018-O0021)

JUN 2020

52.217-5 Evaluation Of Options JUL 1990

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-2 Service Of Protest SEP 2006

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces

Deployed Outside the United States

OCT 2015

252.225-7041 Correspondence in English JUN 1997 252.229-7001 Tax Relief APR 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.244-7000 Subcontracts for Commercial Items JUN 2013

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $50,000.00

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within 10days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 20 Sep 2025.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it

“does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.sam.gov/

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--

Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from CMC Code

POS-10 or; telephone, DSN 224-4177 or commercial (703) 614-4177.

252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN (DEVIATION 2018-O0019)(AUG 2018)

(a) Definitions. As used in this clause—

“Commander” means the Commander of the United States Forces Japan (USFJ).

“Dependent” means spouse, and children under 21; and parents, and children over 21, if dependent for over half their support upon a member of the United States Armed Forces or civilian component.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses the international law related to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“SOFA Article I(b) status” means a designation by the Commander of contractor personnel as Members of the

Civilian Component under Article I(b) of the Status of Forces Agreement (SOFA), in accordance with agreement by the Joint Committee. To receive such a designation, an individual must—

(1) Be a United States national;

(2) Not be ordinarily resident in Japan (or if ordinarily resident, complete the procedures set forth in USFJ Instruction 36-2611 (Change of Status by Persons in Japan to One of the Categories Authorized by the Status of

Forces Agreement, available at http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf

(3) Be present in Japan at the official invitation of the United States Government and solely for official purposes in connection with the United States Armed Forces;

(4) Not have SOFA Article XIV status; and http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf

(5) Be essential to the mission of the United States Armed Forces and has a high degree of skill or knowledge for the accomplishment of mission requirements by fulfilling the following:

(i) Has acquired the skill and knowledge through a process of higher education or specialized training and experience; or

(ii) Possesses a security clearance recognized by the United States to perform his or her duties; or

(iii) Possesses a license or certification issued by a U.S. Federal department or agency, U.S. state, U.S. Territory, or the District of Columbia to perform his or her duties; or

(iv) Be identified by the United States Armed Forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or

(v) Is an employee of a military banking facility; or

(vi) Is specifically authorized by the Joint Committee.

“SOFA Article XIV status” means designation by the Commander to persons, including corporations organized under the laws of the United States and its personnel, that are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United

States Armed Forces. Such designations are made in extremely limited circumstances and only after consultation with the Government of Japan. Article XIV designations are restricted to cases where open competitive bidding is not practicable due to—

(1) Security considerations;

(2) The technical qualification of the contractors involved;

(3) The unavailability of materials or services required by United States standards; and

(4) Limitations of United States law.

“SOFA-covered contractor personnel” means contractor personnel who have been designated as having SOFA

Article I(b) status or SOFA Article XIV status, which is documented on a Letter of Authorization (LOA) signed by the Contracting Officer.

“SOFA status” means either SOFA Article I(b) status or SOFA Article XIV status or a dependent under Article I(c).

“Status of Forces Agreement” means the “Agreement under Article VI of the Treaty of Mutual Cooperation and

Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of United

States Armed Forces in Japan,” dated January 19, 1960, and all supplementary agreements to the SOFA, including the agreement signed on January 16, 2017.

“United States national” means a citizen of the United States, or a person who, though not a citizen of the United

States, owes permanent allegiance to the United States.

(b) General.

(1) This clause applies to SOFA-covered contractor personnel when performing in Japan. The requirements of paragraph

(c)(2) and (e)(1) of this clause must be specified in the statement of work to be applied to non-SOFA-covered contractor personnel.

(2) The Contractor shall comply with the instructions of the Contracting Officer concerning the entry of its personnel, equipment, and supplies into Japan, applicable Japanese laws and regulations, and USFJ and USFJ-component policies and instructions during the performance of this contract. Specifically, the Contractor shall comply with—

(i) USFJ Instruction 64-100, Contract Performance in Japan;

(ii) USFJ Instruction 36-2811, Indoctrination Training Programs;

(iii) USFJ Instruction 36-2611, Change of Status by Persons in Japan to One of the Categories Authorized by the Status of

Forces Agreement; and

(iv) USFJ Instruction 64-102, United States Official Contractors and Their Employees, as applicable to contractors and contractor personnel with SOFA Article XIV status.

(3) Application for status under the SOFA shall be in accordance with USFJ Instruction 64-100 and, in specific and limited circumstances, USFJ Instruction 64-102.

(i) The Contracting Officer, through consultation with their legal counsel and the USFJ/J06 office, makes the determination of status under SOFA Article I(b) for contractor personnel.

(ii) If the Contracting Officer makes a request for status as a United States Official Contractor under Article XIV, USFJ Headquarters (HQ USFJ) shall make the final determination on the Contractor’s SOFA status upon consultation with the government of Japan.

(iii) The Contractor shall request a determination of status under the SOFA for its eligible personnel through the Synchronized Predeployment and Operational Tracker (SPOT) system (see paragraph (f) of this clause). The Contracting

Officer will approve a LOA generated in SPOT (see paragraph (c)(2) of this clause) indicating the SOFA status of the contractor personnel only after verifying that eligibility criteria described in USFJ Instruction 64-100 are met.

(iv) Contractor personnel dependent information is also required to be entered into SPOT as part of the employee record.

(4) The importation and personal possession of firearms, swords, and other weapons is highly restricted and controlled in

Japan. Contractor personnel considering bringing personal firearms, swords, or other weapons into Japan must comply with

USFJ Instruction 31-207, “Firearms and Other Weapons in Japan” available from USFJ/J023 at pacom.yokota.usfj.mbx.j023@mail.mil. The importation and possession of firearms and weapons to perform services under a contract will be addressed separately in the contract.

(5) Offenses committed by the Contractor or contractor personnel may be subject to United States or host nation prosecution and/or civil liability (see paragraph (d) of this clause). Japan authorities have the right to exercise jurisdiction over SOFA-covered contractor personnel, including dependents, in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the

United States.

(c) Support.

(1) Security plan. The Commander will develop a security plan that identifies contingency procedures and potential evacuation of nonessential SOFA-covered contractor personnel.

(2) Letter of authorization. A SPOT-generated LOA signed by the Contracting Officer is required for SOFA-covered contractor personnel travel to, from, or within Japan.

(i) The LOA will identify any additional authorizations, privileges, or Government support that contractor personnel are entitled to…