PureActiv SOW_MS DRAFT.docx

STATEMENT OF WORK (SOW)

For PureActiv Software Support Including:

Support for multiple US Border Patrol Surveillance Platforms

1.0 Background

The Department of Homeland Security’s (DHS) Secure Border Initiative (SBI) is a comprehensive multi-year plan to secure America’s borders and reduce illegal immigration. The initiative addresses both border control and interior enforcement. SBI is part of the overall initiative designed to provide Customs and Border Protection (CBP) the resources and capabilities necessary to achieve border control. The Federal Aviation Administration Logistics Center (FAALC) will serve as an independent government entity providing engineering, technical and logistics services to support CBP in the areas of Integrated Logistics Support, management consulting, primary inventory control point, provisioning, and repair of CBP equipment.

2.0 Purpose

The Vendor will furnish all professional, technical and support labor, materials, supplies, management services, data, facilities, and transportation required to perform all requirements set forth within this Statement of Work. Work to be performed under this contract will be ordered through the issuance of Delivery/Task Orders. The FAA requires software upgrades, software testing, system testing, documentation of configuration changes, and delivery of the new system software baseline in a format that can be deployed for US Border Patrol Systems.

3.0 Scope of Work

The scope of this agreement is to provide Software Support Agreements (SSA) for PureActiv software licenses to cover Software Updates, Software Upgrades, and Software Maintenance, and software engineering services as needed for current and future CBP Surveillance Systems upon expiration of initial purchase warranty.

3.1 Definitions

1. Software Updates. Software Updates include corrections to software defects and may include new features or enhancement to existing features added to the software at the discretion of PureTech (collectively referred to as “Software Updates”).

2. Software Upgrades. Software Upgrades include additional software features for which PureTech offers for additional license fees and Customer can optionally decide to purchase.

3. Software Maintenance. Software Maintenance is an annual paid service that provides Purchaser periodic planned Software Updates to the PureActiv software and, should the Purchaser identify and notify PureTech of any programming or other error in the Software (“defects”), PureTech, at its discretion, will either replace or repair the software.

3.2 Software Support

1. Vendor will provide support for hardware and software related to PureActiv annually per each license instance.

2. Vendor will provide telephone support in troubleshooting problems to include releasing version updates to fix software defects if/when found.

3. Vendor will provide periodic software patches to fix security vulnerabilities.

4. Vendor will provide version upgrades annually and assist with Development and Testing of the new version prior to release into Production.

5. Vendor will provide over the phone training for new features and updates released.

3.3 Support per License

1. FAA will request software maintenance support for licenses as required for new systems as they are procured by the Government.

2. Vendor will provide software support to include all services under 3.1 per license.

3.4 Software Upgrades/Capabilities

1. Vendor will provide new software capabilities that are not supported or provided under the standard software maintenance agreement. New PureActiv software capabilities may be added under this contract by mutual agreement via contract modification.

2. Vendor must also ensure that any new software upgrades or capabilities are compatible with all Customs & Border Protection surveillance systems.

3.5 Covered Software Purchases

PureTech will ensure all efforts will utilize the Software Maintenance Agreement (SMA) before utilizing time and materials. Module purchases will be utilized to support the needed features and requirements. Corrections, patches, updates, etc. will be performed and covered to keep the features operating and functional for use.

3.6 Engineering Services

1. Vendor will provide engineering services when necessary for technical support and software updates (e.g.: software patches, integration support for new or future systems, etc.). A written statement of objectives within the scope of this description is required to initiate any work or accrual of cost. Statement of objectives must clearly describe the following:

· Task order number

· Allocable CLIN number

· Purpose of the task.

· Scope of task.

· Period and place of performance.

· Performance objectives (i.e., required results); and

· Any performance constraints.

Contractor must not accept verbal statements from any parties in lieu of receiving a written statement of objectives.

2. Upon receipt of the FAA’s written statement of objective(s), contractor will propose remedy of stated objectives with the following minimum information required:

· Proposed labor skills

· Proposed labor hours

· Proposed materials or software

· Proposed completion schedule with key milestones

· Total estimated cost to FAA

3. The COR may authorize engineering services described in this section. The COR’s approval authority is limited only to the use of labor rates and materials and software explicitly covered and priced by the contract. The COR may not authorize work that requires labor skills not covered by the contract, efforts that require subcontracting, or efforts that exceed the maximum approval authority thresholds described in paragraph 4 below. COR approvals of Engineering Services must be in writing (email minimum). Contractor may not proceed with verbal authorizations from the COR.

4. The limitation of Contracting Officer’s Representative (COR) authority for approval of Engineering Services for any single request with a total estimated value of $250K and any material purchase over $10K and subject to availability of funds in the task order’s Engineering Services CLIN. CO approval is required if total value and/or material costs are anticipated to exceed these thresholds, or if available funding on the task order’s CLIN for Engineering Services is insufficient to complete all objectives. This limited authority may be revoked by the CO at any time, for any reason, and becomes effective upon notification to the contractor.

5. Contractor must stop work, notify the CO, and await further direction at any point of realization that current obligated funds the Engineering Services CLIN are insufficient to complete stated objectives.

6. Reporting requirements associated per Engineering Services task will be identified in the statement of objectives.

3.7 Corrective Repair Services Not Covered by Software Maintenance Agreement

1. If diagnosis of system outage or anomaly reveal repair effort not covered by SMA, or for other software supported system repair activities the contractor is knowledgeable and capable of performing with covered labor rates and products, the contractor may provide corrective repair services at the FAA’s discretion.

2. Upon notification of SMA call, or other system repair action, the FAA desires a response time of no later than two (2) business days to respond. If unable to meet this schedule, contractor will propose a response time; however, this must not exceed a total response time of ten (10) business days.

3. Upon arrival at the site, after initial evaluation, contractor will notify the COR and provide root cause of outage or anomaly, suggested activities and materials needed for repair, and an estimated total value of suggested repair remedy.

4. The COR may authorize Corrective Repair Services Not Covered by Software Maintenance Agreement described in this section. The COR’s approval authority is limited only to the use of labor rates and materials and software explicitly covered and priced by the contract. The COR may not authorize work that requires labor skills not covered by the contract, efforts that require subcontracting, or efforts that exceed the maximum approval authority thresholds described in paragraph 4 below. COR approvals of Corrective Repair Services Not Covered by Software Maintenance Agreement must be in writing (email minimum). Contractor may not proceed with verbal authorizations from the COR.

5. The limitation of Contracting Officer’s Representative (COR) authority for approval of Corrective Repair Services Not Covered by Software Maintenance Agreement for any single request with a total estimated value of $250K and any material purchase over $10K and subject to availability of funds in the task order’s Engineering Services CLIN. CO approval is required if total value and/or material costs are anticipated to exceed these thresholds, or if available funding on the task order’s CLIN for Corrective Repair Services Not Covered by Software Maintenance Agreement is insufficient to complete all objectives. This limited authority may be revoked by the CO at any time, for any reason, and becomes effective upon notification to the contractor.

6. Upon completion of the repair activity, the contractor will report to the COR via email, the following information:

4.0 Software Delivery

The Vendor will make software updates, patches, and upgrades available via agreed upon secured site or media, delivered to the Contracting Officer’s Representative (COR) or designated representative indicated on the purchasing delivery order.

5.0 Warranty

Warranty terms will be according to the PureTech Software Maintenance Agreement.

6.0 Inspection, Compliance and Acceptance

The COR may visit the Vendor’s facility to ensure compliance with the terms of the contract. Upon inspection of the asset or recommendations, the COR will certify acceptance of the supply or service in order to ensure compliance with the contract.

7.0 Over and Above

The contractor will work in good faith with the FAA to resolve issues within the scope of this contract but are not explicitly defined in this statement of work. Such work will be defined and negotiated on a case-by-case basis.

8.0 Travel Guidelines and Requirements

Support under this contract may require contract personnel to travel as part of their normal assigned duties. Such travel, when required, will exclusively be restricted to the territories and possessions of the United States. Any such travel, in connection with performance of tasked activities, will be identified on task orders. Tickets purchased by the contractor must be refundable tickets. Non-refundable tickets purchased will be a liability of the contractor or contract employee. Under limited or emergency situations, not part of normal operating procedures, non-refundable tickets may be reimbursed at the FAA’s discretion on a case-by-case basis.

8.1 Travel Reimbursement Guidelines

Federal Travel Regulations (FTR) will be used as the guideline for establishing allowable reimbursement costs for all travel within the 50 states, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. FTR provisions issued by the General Services Administration (GSA) are available for viewing at http://www.gsa.gov/.

8.2 Travel Cost Reimbursement

Travel and subsistence are authorized for work performed under this contract. The contractor will be reimbursed for allowable and reasonable travel expenses only at the per diem rates specified in applicable Federal travel regulations and in accordance with FAA Acquisition Management System (AMS) Clause 3.3.2-2, Reimbursement for Travel and Subsistence.

The Contractor must conduct a cost analysis prior to the start of travel to determine the most cost-effective means of travel. Alternate airports must be used when available and within a reasonable commuting distance if it will result in lower costs.

The Contractor must summarize the travel (date and place of the expenses, purpose of the trip, name of person(s) of trip and title or relationship to contractor) and submit the information in accordance with the invoicing instructions referenced in the contract.

The Contractor's travel expense report must be provided with all supporting proof of travel (receipts) at the same time the invoice is submitted for payment.