Draft SOW - NTIA ISAC Multi-Stakeholder Forum Support Services.pdf

NTIA ISAC Multi-Stakeholder Forum Support

Services

Statement of Work

1. Background

The National Telecommunications and Information Administration (NTIA) recently released the

National Spectrum Strategy (NSS) and Implementation Plan. The spectrum band study goals of NSS require a multi-stakeholder forum that includes government, industry, and academia to support the conduct of the band studies. These studies are planned to take at least two years to complete. This is a new contract action.

2. Objectives

The objective is to issue a contract to satisfy NTIA requirements to convene members of the spectrum community and establish a multi-stakeholder forum of government, industry and academia for the purpose of providing information and feedback to the spectrum band studies and generate recommendations to enable future spectrum coexistence. This contract would aid NTIA in creating and administering the multi-stakeholder forum to facilitate the coordination and collaboration needed to conduct the band studies directed by the Presidential Memorandum and the NSS. More broadly, this objective falls under the purpose of creating a multistakeholder, evidence-based, transparent process for national decision making on spectrum repurposing and spectrum sharing.

3. Scope

The scope of this contract includes all activities associated with the organization, support, and management of the NSS multi-stakeholder forum. This acquisition is for limited, specialized support services with the objective of providing independent, support to assist the NTIA with its requirement to convene members of the spectrum industry and academia for the purpose of providing information and feedback to the spectrum band studies as part of the NSS.

The performance of this contract does not inherently include governmental functions or personal services.

The National Spectrum Strategy (NSS) Pillar One identified various spectrum bands (including but not limited to the 3GHz, 7GHz, and 37GHz bands) for near-term, in-depth study to determine whether they may be repurposed for non-Federal or shared Federal and non-Federal use. The studies will include (for all Federal systems): (1) consideration of coexistence (sharing) and moving systems out of the band or to alternate locations; (2) compressing the frequency usage within the band; and (3) any other mechanisms and possibilities with the potential to allow for expanded or more efficient uses of the spectrum.

The NSS Implementation Plan states that National Telecommunications and Information Administration

(NTIA) will establish a multi-stakeholder forum, under the Interagency Spectrum Advisory Council

(ISAC) (see figure below), for non-Federal stakeholders to engage with the Federal agencies conducting the studies. Collaboration with the multi-stakeholder forum will be on-going throughout the studies, with an emphasis on certain milestone events. For example, the Technical Interchange Groups (TIGs) will seek input on how to model non-Federal systems and plans for studying compatibility. The roles and responsibilities of the ISAC, Spectrum Study Groups (SSGs), and TIGs are described in Appendix 1 NSS

Implementation Plan.

NTIA is seeking advisory and administrative support in the following areas to implement and execute the non-federal multi-stakeholder group:

(1) Defining and executing a process for recruiting/outreach to non-federal participants to create a multi-stakeholder group.

(2) Hosting monthly meetings of the multi-stakeholder group, as well as classified sub-group meetings (when needed).

(3) Creating guidelines for sharing study outcomes, with appropriate guardrails in place to protect classified information.

(4) Conducting broad industry and media outreach to discuss the process, progress, and benefits of this effort, subject to NTIA goals.

(5) Managing the distribution of working paper/draft reports with the non-Federal participants throughout the iterative process of analyzing targeted spectrum bands and managing non-Federal comments and feedback.

(6) Soliciting potential prototype projects and spectrum research demonstrations as needed.

(7) Hosting a website available to group members where all unclassified documents will reside.

(8) Managing all contributions to the multistakeholder forum.

4. Tasks

The contractor shall provide services as described below to support the development, administration, and management of the multi-stakeholder group:

(1) Leadership of a multi-stakeholder group for spectrum study (approx. 2 FTE)

The contractor shall support NTIA in providing recommendations and executing a process to determine the composition of a multi-stakeholder group that includes industry and academic participants. This may include developing a selection rubric and soliciting applications. The group members ultimately chosen must meet the government’s requirements for both technical participation and representation across defined stakeholder groups. The contractor must be willing to waive membership fees in certain cases to encourage more open participation in the unclassified discussions. It is understood that waived fee members may be restricted from certain meetings based on security controls.

The contractor will also assist NTIA with broad industry and media outreach to discuss the process, progress, and benefits of this effort, subject to NTIA goals.

(2) Program administration and Meeting Management (approx. 1.5 FTE)

The contractor shall host meetings throughout the spectrum study process with the goal of generating options for service rules for the FCC that enabling spectrum sharing. It is anticipated that non-CUI

(Controlled Unclassified Information) will be shared within these meetings. Full-group meetings will be supplemented (when needed) by classified sub-group meetings where sensitive information from the government can be disseminated. The contractor will develop guidelines for sharing study outcomes that have appropriate guardrails in place to protect classified information.

The contractor shall also assist in producing and distributing meeting notes to include the distribution of working paper/draft reports and will manage all inputs to the multi-stakeholder forum. This will include communications available only to group members, and public communications developed in collaboration with NTIA and other non-Federal stakeholders.

The contractor will host a website available to group members where all unclassified documents will reside and be accessible to members.

(3) Development of Research and Prototyping Projects

As Required, the contractor shall support concept development for research and prototyping projects to further the objectives of the spectrum study process that demonstrate potential solutions for spectrum repurposing and spectrum sharing. The contractor will solicit potential prototype projects and spectrum research demonstrations as required from the multi-stakeholder community. If separately funded, these projects can be used to build trust in the decision-making process around spectrum bands and accelerate implementation of new solutions for spectrum coexistence.

5.0 Schedule of Deliverables

The contractor shall support NTIA in the completion of the band studies in accordance with the timelines established in the NSS Implementation Plan.

Deliverable Due

Task Order Status Report Monthly

Public announcement of process for selecting non-federal participants for the spectrum study effort and request for available non-

Federal data on targeted bands

No later than May 31, 2024, or as determined by NTIA

First stakeholder meeting No later than June 30, 2024, or as determined by NTIA

Monthly stakeholder meetings including classified sub-group meetings

Beginning in July 2024, or as determined by NTIA

Agenda for stakeholder meetings

Five business days prior to meeting

Minutes from stakeholder meetings

Three business days following meeting

Public reports and outreach

Timing as determined by NTIA

Administration of solicitation of research and prototyping projects

As determined by NTIA

Additional general work products As determined by NTIA

Research and Prototyping Projects

Concept Papers

As determined by NTIA

6.0 Government-Furnished Property (GFP)

Government furnished property (materials, equipment, and/or information) may be provided in conjunction with required performance under this task order as determined by mutual agreement between the Government and the contractor(s). The Government will provide access to program data.

The Contractor will not purchase hardware or software tools, unless approved as part of the task order for this Proposal, must be preapproved by the CO and COR.

At the written request of the Government, the Contractor will immediately return any property provided by the Government for use and completion of assigned tasks. If not requested, the Contractor will continue to abide by FAR Part 45 until completion of the Task Order or contract.

7.0 Security Considerations

Reference:

TECHNICAL EXHIBIT 1

Security Requirements

8.0 Travel

Travel is required for this task order. The contractor shall travel as approved by the COR during the performance of this task order to attend meetings, conferences, or conduct other official business in the scope of this task order. Authorized travel is reimbursable in accordance with the contract. The contractor shall comply with FAR 31.205-46 regarding travel costs.

The Contractor should estimate $25,000 annually ($75,000 total) under this task order for travel and other direct costs (ODCs). Local travel to meetings, conferences or other official business covered under this Agreement is not reimbursable as a direct charge. All ODC charges, whether one-time or recurring, shall be approved in advance by the COR.

9.0 Special Material Requirements

Contractor support for classified meetings shall only be performed at government or other contractor facilities with an appropriate Facility Security Clearance (FCL) for the level of classification up to

SECRET.

10.0 Other Unique Requirements and Considerations

HOURS OF OPERATION

Under this task order, the Contractor is responsible for conducting business, Monday through

Friday during normal business hours except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

11.0 Place of Performance

Contractor support shall be performed at the contractor site. Government site work, when or if required, shall be performed at:

Herbert C. Hoover Building

1401 Constitution Ave NW

Washington, DC 20230

12.0 Period of Performance

For a period extending one year from the date of award with two one-year options.

TECHNICAL EXHIBIT 1

Security Requirements

Assigned personnel whose duties require access to NTIA Information Technology (IT) resources or unsupervised access to NTIA facilities must complete a background investigation in accordance with

DOC security policy. Assigned personnel with access to NTIA IT resources shall comply with DOC and

NTIA IT policies and procedures.

• Required Facility Clearance Level (FCL): The contract company supporting this contract/task order must possess and retain an active and Final SECRET FCL granted by DCSA from the time of proposal and throughout the performance period.

• Contractor personnel require access to collateral (Confidential, Secret), Classified National Security

Information (CNSI) in the performance of this contract. All contractor personnel accessing CNSI are required to abide by 32 CFR Part 117.7 (h)(2)(ii), National Industrial Security Program Operating

Manual (NISPOM), DOC Manual Security Policies and Procedures, Section III, CNSI, and Section IV, Chapter 37, Industrial Security, and any superseding policy.

• Safeguarding level required at the time of proposal SECRET, when applicable.

• Federal Acquisition Regulation (FAR) 52.204-2 Security Requirements (MAR 2021)

• The Security Agreement DD Form 441, including the National Industrial Security Program Operating

Manual NISPOM (32 CFR part 117); and any revisions to that manual, notice of which has been furnished to the Contractor.

• Provide the specific tasks that will require access to CNSI in the performance of the contract.

PWS Task / Subtask Clearance Level Level of Classified

Access

Justification for

Access to Classified

Creating and administering the multi-stakeholder forum.

Secret CUI and Secret

Up to SECRET data when administering to stakeholder requirements.

3. CLEARED CONTRACTORS WILL REQUIRE ACCESS TO

• Have access to collateral (Confidential, Secret) non-intelligence CNSI only at another cleared

Contractor’s facility or other government facility with an approved FCL.

• Contract performance is restricted to the location identified in Item 8a of the corresponding DD Form

254, Contract Security Classification Specification. The Government activity at this location will provide security classification guidance for performance of this contract.

• Controlled Unclassified Information provided under this contract shall be safeguarded; Controlled

Unclassified Information.

4. IN THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR WILL

• The contractor requires access to classified source data up to and including SECRET in support of the work effort. Any extract or use of such data requires the contractor to apply derivative classifications and markings consistent with the source documents. Use of “Multiple Sources” on the “Derived From” line necessitates compliance with the 32 CFR 117.14 Marking Requirements, and the use of a bibliography.

Contract performance is restricted to the location identified in Item 8a of the corresponding DD Form

254, Contract Security Classification Specification, and section five below.

• Operation Security (OPSEC) Requirements.

• Contractors must adhere to strict OPSEC standards as defined by the National Security Presidential

Directive (NSPM) 28, the National Operations Security Program, and Section I, Chapter 4, Operational

Security, of the Department Manual Security Policies and Procedures. The contractor must impose certain countermeasures directed to protect intelligence indicators. OPSEC requirements are in addition to the requirements of the NISPOM.

• Receive, store, or generate CUI.

• Contractors who will receive, store, or generate CUI must abide by the Department of Commerce CUI

Guidelines, E.O. 13556, 32 CFR Part 2002, and the CUI Registry.

• If applicable, other requirements whenever security requirements imposed on a contractor are in addition to the requirements of the NISPOM. Additional requirements are outlined in Item 14 of the corresponding DD Form 254, Contract Security Classification Specification translates into additional costs, so it is essential that only necessary additional requirements are imposed.

5. PLACE(S) OF PERFORMANCE SECTION:

• Department and other Government activity location(s) Herbert C. Hoover Building located at 1401 constitution Avenue, NW, Washington, DC 20230.

• When place of performance is at a contractor facility, the complete address for all performance locations is required to be identified by the contractor and approved by the COR.

• Collateral levels SECRET

• Facility Clearance Level (FCL) SECRET

• Classified meetings shall only be performed at government or other contractor facilities with an appropriate Facility Security Clearance for the level of classification up to SECRET. (See Section 8a

DD-254.)

6. REQUIRED SECURITY CLAUSES FOR CLASSIFIED CONTRACTS:

The following sets forth basic policies and general information found in the Federal Acquisition

Regulations (FAR). The FAR prescribes administrative procedures for safeguarding information within industry and the specific, required clauses that must be written on classified contracts: Part One: Subpart

4.4—Safeguarding Classified Information Within Industry and Part Two: FAR 52.204-2 Security Clause

Requirements.

7. SAFEGUARDING CNSI:

Required Safeguarding Level: The contract company will not be storing, transmitting, processing, or generating CNSI at the contractor facility.

8. PERSONNEL CLEARANCE LEVEL (PCL):

The contractor must identify the specific Personnel Clearance Level(s) required (i.e.: Number of contractor employees and clearance (final or interim)/access levels required, position description

SECRET and be enrolled within the Continuous Evaluation (CE) Program. Provide a copy of signed SF-

312 with an initial Visitor Access Request (VAR) memo. An annual renewal VAR memo to update status of classified contractors does not require an additional SF-312.

9. CONTINUED ELIGIBILITY:

The Department reserves the right to deny and/or restrict entrance to government facilities, prohibit employees from assigned work under the contract, deny and/or restrict handling of classified documents/material to any Contractor employee who Department determines to present a risk of compromising classified and/or sensitive government information. The Department Security Office may require drug screening at any time for probable cause and/or when the Contractor independently identifies circumstances where probable cause exists.

10. INITIAL AND ANNUAL TRAINING FOR CLEARANCE HOLDERS

Classified contractors shall participate in initial and annual formal training sessions identifying the requirements associated with the proper safeguarding of CNSI, which access is granted through the

Commerce Dept. web-based intranet: Annual CNSI Security Clearance Holder Training

(commerce.gov). This training includes Initial and Annual Derivative Classification and Marking and

Annual CNSI Security Clearance Holder Training.

The COR shall provide a report to OSY_IndustrialSecurity@doc.gov annually to include a complete list of active contractors and/or consultants performing work on the contract as well as all training certificates for Department Annual CNSI Security Clearance Holder Training. To include contract number, bureau, clearance/access level and training certificate/completion date.

11. ADVERSE ACTION REPORTING

The Contractor must report any adverse information coming to their attention concerning contractors performing services on a Department of Commerce contract as stated in 32 CFR 117, NISPOM. All reporting criteria as listed in Security Executive Agent Directive 3 shall be reported to osy_industrialsecurity@doc.gov.

12. ACCESS TO COMMERCE ENTERPRISE SECURE MISSION NETWORK OR SECRET

INTERNET PROTOCOL ROUTER NETWORK AT THE CONTRACTOR’S LOCATION:

The contractor will not be accessing the Commerce Enterprise Secure Mission Network (CESMN), Secret Internet Protocol Router Network (SIPRNet), or classified systems.

The contractor shall comply with all applicable security classification guidance. The contractor shall derivatively classify newly created information associated with this effort based on the classification guidance provided through existing classified sources.

Classified contractors shall participate in initial and annual formal training sessions identifying the requirements associated with the proper safeguarding of CNSI, which access is granted through the

Department web-based intranet: Annual CNSI Security Clearance Holder Training (commerce.gov).

This training includes Initial and Annual Derivative Classification and Marking and Annual CNSI

Security Clearance Holder Training.

A report shall be provided to OSY_IndustrialSecurity@doc.gov annually including a complete list of active contractors and/or consultants performing work on the contract. To include contract number, bureau, clearance/access level and training certificate/completion date.

13. COMPLIANCE REVIEW

https://connection.commerce.gov/sites/default/files/nsitraining/story.html mailto:OSY_IndustrialSecurity@doc.gov mailto:osy_industrialsecurity@doc.gov mailto:OSY_IndustrialSecurity@doc.gov

A report shall be provided to OSY_IndustrialSecurity@doc.gov annually including a complete list of active contractors and/or consultants performing work on the contract. To include clearance levels, training completion dates and certificates of training.

14. SECURITY REVIEW RATINGS AND FACILITY INVALIDATION

Contract company(s) are required to advise the Department Industrial Security Program via

OSY_IndustrialSecurity@doc.gov annually of Marginal or Unsatisfactory Security Rating obtained from DCSA within two business days of security review.

15. SECURITY INCIDENTS REPORTING

Security Incidents involving contractors, grantees, licensees, and other personnel falling under the purview of the NISP are required to report the security incident to the FSO, DCSA, the OSY Information

Security Program OSY_IndustrialSecurity@doc.gov and securityincidentreporting@doc.gov. All

Department contract personnel provided access to CNSI, facilities, and systems shall:

a. Protect CNSI from unauthorized disclosure.

b. Adhere to the provisions of EO 13526

c. Report security incidents involving the unauthorized and or mishandling of CNSI.

This includes while working onsite at a Department /Bureau, Other Government Agency locations or contractor facility(s).

16. CONTRACTOR TELEWORK/REMOTE PERSONAL RESIDENCE WORK LOCATIONS

Teleworking for federal government contractors will be considered on a situational basis to the extent practicable to meet the mission’s needs. Teleworking allows contractor personnel to perform their contractual requirements outside of the designated office locations, typically at a contractor’s personal residence or a corporate telecommuting office location. Telework for contractor personnel provides the government flexibility to meet unique organizational and facility needs and requirements. The goal of teleworking for contractor personnel is to enhance the delivery of services that support the mission. All work performed outside of the identified contractor and or government facility (s) will be performed at the unclassified CUI level and ensure access to personnel who are authorized access. Teleworking is permitted under the task order in accordance with the requirements below.

Additionally, the provision to permit contractor teleworking may be revoked at the Task Order level at any time if the Government makes such a determination. The teleworking provision does not change any task order requirements; all other terms and conditions of the task order remain in full force and mailto:OSY_IndustrialSecurity@doc.gov mailto:OSY_IndustrialSecurity@doc.gov mailto:securityincidentreporting@doc.gov effect. The goal of teleworking for contractor personnel is to enhance the delivery of services that support the mission.

This contract and its related attachments may impose strict security requirements for need-to-know access, special handling procedures, physical security measures, and administrative controls beyond those prescribed for collateral Department of Commerce (DOC) information. The provisions delineated in 32 CFR 117 NISPOM, DOC Policy, applicable Intelligence Community Directives, and applicable

Security classification Guides are strictly enforced. This DD Form 254 shall not be made accessible to persons without a valid need-to-know.

17. DISCLOSURE OF INFORMATION

The contractor is responsible for returning all Classified National Security Information (CNSI)

(documents and other media) to the sponsoring DOC Bureau. Furthermore, DOC contractors must end all work and performance associated with this effort based on the classification guidance provided through existing classified sources. Questions relating to handling, marking, and safeguarding CNSI can be addressed to the COR and the Office of Security Industrial Security Program. Retention of CNSI must be in compliance with 32 CFR 117 NISPM and DOC Policy.

CNSI received and/or generated under this contract is the property of the U.S. Government regardless of proprietary claims. Upon completion or termination of this contract, the U. S. Government will be contacted for destruction or disposition instructions. Derivative classifications must be derived from existing classification source documents. The contractor cannot act as an Original Classification

Authority (OCA). The contractor is not authorized to release U.S. Government classified material to any activity or person, including sub-contractors without the Contracting Officer (CO)'s written approval.

Only with the expressed authorization of the CO will the contractor reproduce any classified materials.

All requirements for the control and accounting for original documentation and copies apply.

Destruction and retention of classified information will be protected IAW 32 CFR 117 NISPOM. The

Contractor is responsible for handling and marking Controlled Unclassified Information in accordance with DOC Controlled Unclassified Information (CUI) Policy August 2019. Contractors with questions on handling DOC CUI shall contact the COR and the CUI Manager at cui@doc.gov.

1. (a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless;

(b) The Contracting Officer has given prior written approval.

(c) The information is otherwise in the public domain before the date of release; or

(d) The information results from or arises during the performance of a project that involves no covered information and has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research (which by definition cannot involve any covered information), in accordance with National Security Decision Directive 189, National Policy on the Transfer of

Scientific, Technical and Engineering Information, in effect on the date of contract award.

2. Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release.

3. The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

Classified contractors shall participate in initial and annual formal training sessions identifying the requirements associated with the proper safeguarding of classified information, which access is granted through the Department of Commerce web-based intranet:

Annual CNSI Security Clearance Holder Clearance Holder Training

(https://connection.commerce.gov/sites/default/files/nsitraining/story.html).

This training includes Initial and Annual Derivative Classification and Marking and Annual

CNSI Security Clearance Holder Training.

The prime contractor is required to issue individual DD 254s for each subcontract awarded, even when those subcontractors are listed on the original or subsequent DD254.

A report shall be provided to OSY_IndustrialSecurity@doc.gov annually including a complete list of active contractors and/or consultants performing work on the contract. To include contract number, bureau, clearance/access level and training certificate/completion date.

18. DISCONTINUED ACCESS (RESIGNATION/TERMINATION/DEATH)

The COR shall be notified of all resignations/terminations/deaths of contractors within two (2) business days of occurrence. The Contractor shall return to the COR all Department issued identification cards, building passes and equipment when no longer providing contract support to Department /Bureau. The contract FSO will assist in the facilitation of the timely return and notification of contractors, who are no longer providing contract support to Department /Bureau as soon as known. If an identification card or building pass is not available to be returned, an incident report shall be submitted to the COR, referencing the pass or card number, name of individual to whom issued and the last known location and disposition of the ID Card or building pass.