IV. CONTRACT REQUIREMENTS.pdf

8(a) STARS II Solicitation QTA609MCA0010

CONTRACT REQUIREMENTS

IV. CONTRACT REQUIREMENTS

1. CONTRACT MANAGER

1.1. The Contractor shall identify the person selected to fill the role of the Contractor’s Contract Manager for the Basic Contract. This individual shall represent the Contractor as a point-of-contact for the ACO to help resolve issues and perform other functions that may arise relating to the Basic Contract and Orders under the Basic Contract. The Contractor shall ensure that the ACO has current point-of-contact information for the Contract Manager. All costs associated with the Contract Manager shall be at no direct cost to the Government.

1.2. The Contractor’s corporate management structure shall guarantee senior, high-level, program management of the STARS II GWAC. The Contract Manager duties include, but are not limited to:

(a) Advising and assisting STARS II customers regarding the technical scope of the Basic Contract and the overall attributes of the STARS II

GWAC;

(b) Providing all reporting information required under the Basic Contract accurately, thoroughly and timely;

(c) Resolving issues related to Order performance under the Basic Contract;

(d) Attending meetings and conferences as necessary; and

(e) Establishing a contractor group email account for 8(a) STARS II contract communications.

2. CONTRACTOR TRAINING

2.1. The Contractor is generally expected to maintain the professional qualifications and certifications of its personnel through on-going training. Unless specifically authorized in an individual Order, the Contractor shall not directly bill the Government for any training.

3. GOVERNMENT PROPERTY

3.1. Any equipment, property, or facilities furnished by the Government or any Contractor-acquired property must be specified on individual Orders and follow the policies and procedures of FAR Part 45 for providing Government property to

CONTRACT REQUIREMENTS

Contractors, Contractors’ use and management of Government property, and reporting redistributing and disposing of Contractor inventory.

4. LEASING OF REAL AND PERSONAL PROPERTY

4.1. The Government contemplates that leases may be part of a solution offered by a Contractor, but the Government, where the Offeror’s solution includes leasing, will not be the Lessee. Under no circumstances on any Order issued under this Basic Contract shall:

(a) The Government be deemed to have privity-of-contract with the owner/lessor of the leased items; or

(b) The Government be held liable for early termination/cancellation damages if the Government decides not to exercise an Option period under an Order unless the Contractor has specifically disclosed the amount of such damages (or the formula by which such damages would be calculated) as part of its Proposal and the OCO for the Order has specifically approved/allowed such damages as part of the Award. The STARS II Basic Contract strictly prohibits the use of lease-like payment arrangements, which purport to permit the Government to receive delivery of items and then pay for the full cost of the items over time, even if such arrangements are not technically a lease transaction because the Government is not the lessee.

4.2. Also see related material in the Pricing Section.

5. PERMITS

5.1. Except as otherwise provided in an individual Order, the Contractor shall, without direct cost to the Government, be responsible for obtaining any and all licenses, certifications, authorizations, approvals, and permits; for complying with any applicable Federal, national, state, and municipal laws, codes, and regulations; and any applicable foreign work permits, authorizations, etc., and/or visas in connection with the performance of any applicable Order issued under the Basic Contract.

6. SECURITY CONSIDERATIONS

6.1. Security requirements will be dictated by agency specific requirements, specified on individual Orders. Examples of such requirements are The Office of Management and Budget (OMB) Circular A-130, The Federal Information Security Management Act (FISMA), NIST FIPS PUB 140-2 Security Requirements for Cryptographic Modules, the Department of Defense Information Assurance Certification and Accreditation Process (DIACAP), and the National Information Assurance Certification and Accreditation Process

CONTRACT REQUIREMENTS

(NIACAP) NSTISSI-1000. The basic contract’s pre-established labor categories and associated ceiling prices cover work at the Secret level..

7. HOMELAND SECURITY PRESIDENTIAL DIRECTIVES-12 (HSPD-12)

7.1. The Contractor shall comply with agency personal identity verification procedures identified in individual Orders that implement Homeland Security Presidential Directives-12 (HSPD-12); OMB guidance M-05-24; Federal Information Processing Standards Publication (FIPS PUB) number 201; and GSA HSPD-12, Personal Identity Verification- I, Standard Operating Procedure (SOP).

The basic contract’s pre-established labor categories and associated ceiling prices cover work at the Secret level, which may obviate the need for additional HSPD-12 coverage and/or expense – a matter OCOs can determine for each task order opportunity.

7.2. Contractors should look to task order solicitations for guidance on whether or not the customer agency will pay for the HSPD-12 investigation or if the contractor is expected to pay the cost of the investigation. OCOs may require contractor personnel to be HSPD-12 compliant as a condition of order award.

7.3. The Contractor shall insert the above paragraph in all subcontracts when the subcontractor is required to have physical access to a federal controlled facility or access to a Federal information system.

8. INFORMATION ASSURANCE (IA)

8.1. Information Assurance (IA) capabilities and actions protect and defend network availability, protect data integrity and provide the ability to implement effective computer network defense. As stipulated in individual Orders, the Contractor shall provide cost effective, timely and proactive IA measures and controls including any required documentation. Corrective actions shall be established and implemented to mitigate risks before exploitation and to protect against vulnerabilities and threats once they have been identified. Innovative approaches and best business practices are to be established and utilized for information system security. In addition to HSPD-12, the Contractor shall comply with agency specific information assurance requirements. These requirements may include, but are not limited to: personnel security clearances/background checks; operations--security risk assessments, vulnerability of management processes and plans, installation/configuration of IA compliance documentation;

and defense of the environment-- including hardware & software, the networks, and supporting infrastructure, as dictated by the nature of the information (classified/unclassified) and associated risk.

8.2. The Contractor shall report Foreign Interests at the prime and subcontract levels as required by the individual Order. The contractor shall provide access to the Contractor’s facilities, personnel and documents for the purposes of audit or

CONTRACT REQUIREMENTS

inspection by an authorized Inspector General (IG) or designated security certification activity to ensure appropriate IA practices are in place. Additional IA information is available at http://www.dss.mil/infoas/.

9. SECURITY CLEARANCES

9.1. The basic contract’s pre-established labor categories and associated ceiling prices cover work at the Secret level.

9.2. Individual Orders may require security clearances. Only those Offerors that meet the required security clearance levels on individual Orders shall be able to compete for task orders requiring security clearance(s). When classified work is required on an individual Order, the Contract Security Classification Specification, (DD Form 254 or agency equivalent) will be issued to the Contractor by the requiring agency. The DD Form 254 is available at the following site:

http://www.dtic.mil/whs/directives/infomgt/forms/forminfo/forminfopage51.html.

9.3. The Contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations, as specified on individual Orders. The Contractor shall fully cooperate on all security checks and investigations by furnishing requested information to verify the Contractor employee's trustworthiness and suitability for the position.

Clearances may require Special Background Investigations (SBI), Sensitive Compartmented Information (SCI) access or Special Access Programs (SAP), or agency-specific access, such as a Q clearance or clearance for restricted data.

10. ORGANIZATIONAL CONFLICT OF INTEREST

10.1. The guidelines and procedures of FAR 9.5 will be used in identifying and resolving any issues of organizational conflict of interest at the Order level.

In the event that an Order requires activity that would create an actual or potential conflict of interest, the Contractor shall identify the potential or actual conflict to the OCO for review per FAR 9.5.

11. ELECTRONIC PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL

11.1. If electronic hardware is procured in an individual Order under the Basic Contract, GSA encourages Contractors to participate in and to utilize the Electronic Products Environmental Assessment Tool (EPEAT). See related FAR clause 52.223-16, found within FAR clause 52.212-5. EPEAT is a procurement tool designed to help institutional purchasers evaluate, compare, and select desktop computers, laptops, and monitors based upon their environmental attributes as specified in the consensus-based IEEE Standard for the Environmental Assessment of Personal Computer Products (1680).

CONTRACT REQUIREMENTS

11.2. On individuals Orders, when products meeting the IEEE Standard are available, additional consideration may be provided by the OCO in the task order solicitation for products meeting EPEAT Silver or EPEAT Gold registration requirements. The Contractor shall be responsible for ensuring equipment meets the latest EPEAT registration requirements before it is delivered. The registration requirements and a list of all equipment meeting the requirements are provided at: www.epeat.net. If EPEAT is applicable on an individual Order, suppliers are required to provide quarterly reports quantifying the number of EPEAT registered products purchased under this contract. The information must be reported in the matrix below, providing the following data for the current quarter, the fiscal year, and the duration of the Order.

Non-EPEAT

Registered Products

Bronze Silver Gold

Desktops Laptops Monitors

12. ELECTRONIC ACCESS TO CONTRACT

12.1. The Government intends to post and update a non-contractor specific version of the Basic Contract on its STARS II website. The STARS II website will be available to the general public.

13. CONTRACTOR WEBPAGE

13.1. The Contractor shall develop and maintain a current, publicly available webpage accessible via the Internet throughout the period of performance of the Basic Contract and the Contractor’s Orders through close-out. The webpage shall be prominently located on the website where other Government contracts are listed. The purpose of the webpage is for the Contractor to communicate with potential customers regarding the Contractor’s ability to provide world-class professional support services under the Basic Contract. At a minimum, this webpage must include the following items:

(a) the Basic Contract,

(b) contractor DUNS number,

(c) prompt payment terms,

(d) contact information of Contractor’s Program Manager,

(e) a link to the contractor’s CCR webpage, and

(f) a link to the GSA STARS II website.

CONTRACT REQUIREMENTS

13.2. This webpage must conform to the relevant accessibility standards referenced in 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, Section 1194.22, Web-based Intranet and Internet Information and Applications.

14. SECTION 508

14.1. All supplies and services delivered or performed shall comply with the applicable technical provisions of the Access Board found at 36 CFR 1194, parts B, C and D, as amended, or provide equivalent facilitation in order to ensure compliance with Section 508, as applicable. Contractors shall register with the Buy Accessible Data Center at www.buyaccessible.gov within sixty (60) calendar days of award of the Basic Contract. It is the Contractor’s responsibility to keep their information current. For more information regarding Section 508 compliance, visit www.section508.gov.

15. INSURANCE

15.1. In accordance with FAR 52.228-5, Insurance - Work on a Government Installation, and FAR 52.228-7, Insurance - Liability to Third Persons, insurance policies with the following types and minimum amounts shall be maintained through the Basic Contract and task order(s) period of performance. Proof of insurance shall be furnished to the OCO upon request:

(a) Worker's Compensation and Employer's Liability, specified at FAR 28.307-2(a) of not less than $100,000 for each occurrence;

(b) General Liability, specified at FAR 28.307-2(b) of not less than $500,000 for each occurrence;

(c) Automobile Liability, specified at FAR 28.307-2(c) of not less than $200,000 per person and $500,000 for each occurrence, and property damage liability insurance of not less than $20,000 for each occurrence;

(d) Aircraft public and passenger liability, specified at FAR 28.307-2(d), when aircraft are used in connection with performing the contract, the OCO shall require aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater;

(e) Vessel liability, specified at FAR 28.307-2(e), when contract performance involves the use of vessels, the OCO shall require, as

CONTRACT REQUIREMENTS

determined by the agency, vessel collision liability and protection and indemnity liability insurance.

16. OFF RAMP

16.1. To ensure success of the STARS II Program, each STARS II Contractor is expected to participate in the STARS II Ordering process by submitting proposals in response to task order solicitations for which the STARS II Contractor has a reasonable chance for award, to successfully perform the terms of their Orders, and to promptly improve performance should it ever not meet the terms of the Orders. If an STARS II Contractor does not meet these expectations, it is the Government’s intent to “off-ramp” the Contractor by:

(a) Permitting such Contractor’s STARS II Contract to expire instead of exercising the Option; or

(b) Implementing a termination for convenience (if applicable and only if such action is in the Government’s best interest); or

(c) Implementing a termination for cause, if applicable; or

(d) Taking any other action which may be permitted under the STARS II Contract’s terms and conditions.

16.2. Prior to exercising the option period, the Contractor will be required to re-represent business size status consistent with FAR 52.219-28 and the associated regulatory framework.

16.3. Constellation II awardees will be required to affirmatively demonstrate that they still maintain an active industry credential (one of those required for initial STARS II contract award) in order to be considered for the option period in Constellation II.

17. MINIMUM CONTRACT SALES

17.1. Contractors awarded a STARS II contract are expected to meet a minimum contract sales (MCS) requirement during the Basic Contract base period. This will promote the success of STARS II by only considering exercising the Basic Contract option period of those awardees that have demonstrated a basic commitment to the STARS II GWAC. The MCS is $100,000 in Order value for each awardee in Constellation I and $250,000 in Order value for each awardee in Constellation II. If a contractor is an awardee in both Constellations, the MCS requirement will be that of Constellation II. If the contractor does not meet the applicable MCS requirement during the Basic Contract base period, the

CONTRACT REQUIREMENTS

Government simply will not consider exercising the contractor’s Basic Contract option period. Again, the Government is prohibited from considering exercising the Basic Contract option period for contractors that fail to promote the success of STARS II by meeting the MCS.

18. ON RAMP

18.1. Consistent with FAR 16.504(c)(1)(ii)(A), the PCO has determined that it is in the Government’s best interest that at all times during the term of the Basic Contract, there remain an adequate number of STARS II Contractors eligible to compete for Orders. Over time, the total number of STARS II Contractors may fluctuate due to various reasons including industry consolidation, significant changes in the marketplace or advances in technology, general economic conditions, the Government's exercise of the off-ramp process, or other reasons.

Recognizing this, GSA intends to periodically review the total number of STARS II Contractors participating in the STARS II Ordering Process and determine whether it would be in the Government’s best interest to initiate an open season to add new contractors to the STARS II Basic Contract. This is a discretionary unilateral authority of the Government.

19. OPEN SEASON PROCEDURES

19.1. If GSA determines that it would be in the Government’s best interest to open a new solicitation to add new contractors to the STARS II Contract, the STARS II PCO may do so at any time provided that:

(a) The open season solicitation is issued under then-applicable federal procurement law;

(b) The open season solicitation identifies the total approximate number of new awards that the STARS II PCO intends to make. The STARS II PCO may decide to award more or fewer STARS II Contracts than the number anticipated in the solicitation depending upon the overall quality of the offers received;

(c) Any Contractor that meets the eligibility requirements set forth in the open season solicitation submits a proposal in response to the solicitation;

however, existing STARS II Contractors may not hold more than one STARS II Basic Contract at any time;

(d) The award decision under any open season solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation;

CONTRACT REQUIREMENTS

(e) The terms and conditions of any resulting awards from a open season solicitation are materially identical to the existing version of the Basic Contract;

(f) The term for any such new awards from an open season solicitation is co-terminus with the existing term for all other STARS II Contractors, including the option period (if applicable);

(g) If awarded a STARS II Contract through the open season authority , any new STARS II Contractor is eligible to compete for task orders with the same rights and obligations as any other STARS II Contractor; and

(h) The award of any new STARS II Contract(s) does not increase the overall ceiling of the Basic Contract.

20. TECHNICAL REFRESHMENT

20.1. After contract award, the Government may implement technical refreshment of the scope and/or the labor categories consistent with FAR 52.212-4 in order to improve performance or react to changes in technology.

21. ADDITIONAL FAR AND/OR AGENCY SPECIFIC PROVISIONS AND

CLAUSES

21.1. Additional FAR provisions and clauses that are complementary to the existing Basic Contract FAR provisions and clauses may be added at the task order level.

21.2. Provisions and clauses that supplement the FAR, which are prescribed and included in authorized agency acquisition regulations, may be added at the task order level so long as they are not inconsistent with the Basic Contract’s terms and do not exceed its scope.

21.3. The OCO is responsible for clearly identifying the applicable provision and clause configuration in task order solicitations.

22. RIGHTS IN DATA

22.1. There are multiple Rights in Data configurations possible. The OCO should ensure that the applicable Rights in Data configuration is clearly assigned to the task order solicitation. OCOs are reminded of their obligations under

FAR 1.602-2.

23. CONTRACTOR PARTICIPATION IN WORK SCOPE QUALITY

ASSURANCE

CONTRACT REQUIREMENTS

23.1. Contract integrity is in the interest of all contracting parties. The Government will only be obligated for work that is in scope and ordered by an Ordering Contracting Officer holding a valid written GSA issued DPA.

Contractors are at risk for work not in compliance with the preceding sentence.

GSA’s Small Business GWAC Center will be pleased to validate the DPA status of the contracting officer awarding a task order for the selected STARS II task order contractor.