Request for Proposal.pdf

CODE

(Hour)

PAGE(S)

until local t ime

X

A X B X C

D

EX

X G F 52

53 - 64 X H 65 - 71

RICARDO.M.VASQUEZ.CIV@MAIL.MIL

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 71

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HQ0034 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

RICARDO VASQUEZ 703-545-0966

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

8 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 - 12 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 13 - 16 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

17 - 50

PART II - CO NTRACT CLAUSES

WHS - ACQUISITION DIRECTORATE

4800 MARK CENTER DRIVE, SUITE 09F09

ALEXANDRIA VA 22350

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HQ003420R0079

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

EVAMOSC / Firm-Fixed-Price

FFP

The Contractor shall provide Enterprise Visibility and Management of Operating and Support Cost (EVAMOSC) in accordance with the Performance Work Statement (PWS), attached documents, and all other requirements listed in this document.

FOB: Destination

AB96

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

EVAMOSC / Cost-Plus-Fixed-Fee

CPFF

The Contractor shall provide Enterprise Visibility and Management of Operating and Support Cost (EVAMOSC) in accordance with the Performance Work Statement (PWS), attached documents, and all other requirements listed in this document.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

Other Direct Cost (ODCs)

COST

The contractor shall provide Other Direct Cost (ODCs) in accordance with the Performance Work Statement, attached documents, and all other documents listed in this document.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

Contractor Travel

COST

In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel support in accordance with the Performance Work Statement, attached documents, and all other requirements listed in this document.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$154,000.00 $85,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$154,000.00 $85,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $154,000.00 $85,000,000.00 0002 $154,000.00 $85,000,000.00 0003 $154,000.00 $85,000,000.00 0004 $154,000.00 $85,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$154,000.00

$85,000,000.00

SERVICES AND PRICES

Section B – Supplies or Services and Prices/Costs

B-1 Contract Type

This is a non-personal services requirement to provide Enterprise Visibility and Management of Operating and Support Cost (EVAMOSC) to support Office of the Secretary of Defense Cost Assessment and Program Evaluation (OSD-CAPE). The support shall be performed in the Washington/Northern Virginia area. The support shall be performed between the Office of Cost Assessment and Program Evaluation OSD-CAPE core hours of 8:00 AM to 5:00 PM, arriving no earlier than 6:30 AM and departing no later than 6:30 PM Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

The primary objective of this requirement is to provide Database Design, Implementation, Operation and Data Platform Sustainment support through award of a Single Award Indefinite-Delivery/Indefinite-Quantity (IDIQ), with Cost, Cost-Plus-Fixed Fee, and Firm-Fixed Price task orders (TOs).

These TOs shall provide EVAMOSC support to OSD-CAPE mission. The main tasks to be performed under this IDIQ contract or individual task orders are Basic Services; Project Management; Design, Develop, and Maintain an Enterprise O&S Data Platform; EVAMOSC Data Acquisition and Preparation; Operating and Support Cost Self- Service Analytics and Dashboard Development; System User Management and Training; and Platform Sustainment.

B-1.1 Firm-Fixed-Price (FFP)

FFP task orders will be executed to the maximum extent practicable in support of Project Management; EVAMOSC Data Acquisition and Preparation; Operating and Support Cost Self-Service Analytics and Dashboard Development;

and System User Management and Training.

B-1.2 Cost-Plus-Fixed-Fee (CPFF)

CPFF task orders will typically be executed to the maximum extent practicable in support of Design, Develop, and Maintain an Enterprise O&S Data Platform; EVAMOSC Data Acquisition and Preparation; and Platform Sustainment.

B-1.3 Cost

Cost Contract Line Item Numbers (CLINs) will be used to incorporate Other Direct Cost (ODC) on task orders.

ODC is defined as cost not previously identified as a direct material cost, direct labor cost, or indirect cost. In other words, an ODC is a cost that can be identified specifically with a final cost objective that the offeror does not treat as a direct material cost or a direct labor cost.

In addition, Cost CLIN will be used to incorporate Contractor Travel on task orders. Contractor Travel shall be conducted in accordance with FAR 31.205-46, Travel Cost, Performance Work Statement, and all other requirements listed in this document.

B-1.4 Proposed Price Range (Task Order Level)

The price range for individual task orders is between $20,000,000.00 and $30,000,000.00

Section C - Descriptions and Specifications

DESCRIPTIONS & SPECIFICATIONS

Section C - Descriptions/Specifications/Statement of Work

1. See Attachment 1 – Base IDIQ PWS

2. See Attachment 2 – Task Order One PWS

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-JUN-2020 TO

07-JUN-2025

N/A OSD CAPE

LAUREN WHITLEY

1800 DEFENSE PENTAGON, RM 3D116

WASHINGTON DC 20301

571-256-0603

HQ0059

0002 POP 08-JUN-2020 TO

07-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 08-JUN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 08-JUN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section G – Contract Administration Data

G-1.0 Points of Contact

G-1.1 Government

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of this contract:

G-1.1.1 Contracting Officers

All contract administration will be performed by Contracting Officer (CO). Communication pertaining to the contract administration shall be addressed to the Contracting Officer. Contract administration functions (see FAR

42.302 and DFARS 242.302) are assigned to the cognizant contract administration office. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

The Contracting Officer is:

Nikita N. Wimper Washington Headquarters Services Acquisition Directorate (WHS/AD) 4800 Mark Center Drive Arlington, VA 22350-3400

(703) 545-3580 nikita.n.wimper.civ@mail.mil

G-1.1.2 Government Technical Representative (GTR)

The program office point of contact will be identified as the Task Order GTR at individual Task Order award.

The Task Order GTR is the individual within the Program Management function who has overall technical responsibility for this effort. The Task Order GTR provides technical direction to the Contractor, i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort.

Technical direction shall be within the PWS for this effort.

In addition to providing technical direction, the Task Order GTR will:

• Monitor the Contractor's technical progress, including surveillance and assessment of performance, and recommend to the Contracting Officer Representative (COR) to notify the CO, any changes in the requirement.

• Assist the Contractor in the resolution of technical problems encountered during performance.

• Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this contract or task order.

NEITHER the COR nor the Task Order GTR has the authority to issue any technical direction which:

• Constitutes an assignment of work outside the general scope of this effort

• Constitutes a change as defined in the "Changes" clause

• In any way causes an increase or decrease in cost or the time required for performance

• Changes any of the terms, conditions, or other requirements of this effort mailto:nikita.n.wimper.civ@mail.mil

• Suspends or terminates any portion of this effort

G-1.2 Task Order Procedures

This section provides guidance regarding contract administration for the Basic Contract, and where applicable, for each Task Order placed under the Basic Contract. Additional contract administration requirements may be specified in each Task Order.

Pursuant to FAR 16.504(a)(4)(vi), only authorized users may place Task Orders under the Basic Contract. In order to qualify as an authorized user, a duly warranted Contracting Officer (as that term is defined in FAR 2.1) in good standing must have an appropriate signed delegation of authority. For purposes of this Basic Contract, warranted Contracting Officers of the Washington Headquarters Services / Acquisition Directorate (WHS/AD) are authorized users.

Services to be furnished under this contract shall be furnished solely at such times as ordered by the issuance of Task Orders by the Contracting Officer. All Task Orders are subject to the terms and conditions of the Basic Contract. The Basic Contract will control in the event of conflict with any order.

One or more Task Orders may be issued during the performance period of this contract. The Contractor agrees to accept and perform Task Orders issued by the Task Order Contracting Officer within the scope of this agreement. It is understood and agreed that the Government has no obligation to issue any Task Orders except the minimum order.

The Government will issue the Task Order (TO) Request for Proposal (RFP) to the prime contractor consistent with the ordering procedures contained in the FAR and DFARS.

TOs will be issued on a Cost-Plus-Fixed-Fee and Firm-Fixed-Price basis. For Cost-Reimbursement, the Government may require the submittal of cost and pricing data with proposals.

Performance can only be authorized by issuance of a Task Order or revision thereto issued by the Contracting Officer.

Any changes will be issued in writing, will set forth any additional obligation incurred by the Government, will be adequately funded, and shall be signed by the CO in advance of the contractor initiating the change.

G-1.2.1 Task Order Request for Proposal (RFP)

The Government will issue an RFP which will include at a minimum:

• NAICS Code 541512

• Performance Work Statement (PWS) describing specific work to be performed

• Period of Performance (POP)

• Anticipated Task Order Type(s)

• CLIN Schedule or request for contractor-proposed CLIN Schedule

• Applicable Evaluation Criteria (non-cost and cost factors)

• QASP (may be distributed after Task Order award)

• Clarifications, Discussions, and Questions Due Date

• Proposal Due Date

G-1.2.2 Task Order Proposal

Each proposal shall include a brief description of the following (if requested in the RFP):

• The Contractors shall provide the Contracting Officer an original and copies (as specified) of a complete, detailed proposal. The proposal shall address Technical, Price and any other pertinent information described in the Request for Proposal (RFP). Technical proposal stating how the Contractor proposes to accomplish the effort, including a description of the performing team member(s) and any requested key personnel.

• Cost proposal organized by CLIN and any supporting cost details (labor category mix, hours, and rates).

Cost Proposal will be required to provide breakdown of labor rates to show indirect labor rates, and certified cost and pricing data in accordance with FAR 15.403-4. Discounts are highly encouraged.

• Resolution of any potential organizational conflict(s) of interest (OCI) or a statement explaining why none exists.

• Any additional input as required by the RFP.

G-1.2.3 Task Order Evaluation Process

The evaluation process for each Task Order will use a variation on the best value analysis spectrum (LPTA to Trade- Off based on complexity). Non-cost and cost factors will be considered as evaluation criteria. Specific factors will be established by individual TO. In making the best value determination, it is possible that after conducting a tradeoff analysis of the proposal, the lowest price may not necessarily represent the best value.

Contractor is put on notice that, among other evaluation factors listed in the RFP, total small business utilization for the proposed task order may be an evaluation factor. Contractor is also put on notice that after the issuance of the first task order, past performance with regard to proposed small business utilization on previous task orders may be an evaluation factor on every subsequent RFP.

G-1.2.4 Order Information

Orders issued shall include, but not be limited to the following information (when applicable):

• Date of order.

• Contract and order number.

• Type of Order.

• Appropriation and accounting data.

• Description of the services to be performed.

• DD Form 254 (Contract Security Classification Specification)

• The individual responsible for inspection/acceptance.

• Period of performance/delivery date.

• The total and monthly pricing.

G-1.3 Non-Personal Service Statement

Contractor employees performing services under this PWS will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in this PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in specific TOs may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Part 7.5 and 37.1 of the FAR. The Government will perform the inspection and acceptance of the work provided.

G-1.4 Mandatory Contractor Manpower Reporting

a) The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/

b) There are four separate ECMRA tools at the ECMRA website: Army, Air Force, Navy and All Other Defense Components. The appropriate ECMRA reporting tool to use is determined by the requiring activity being supported by the service. The Contractor shall use the “All Other Defense Components” tool unless otherwise directed by the Contracting Officer’s Representative or Contracting Officer.

c) Reporting inputs will be for the labor executed during each Government fiscal year (FY), which runs

October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The Contractor shall completely fill in all required data fields. The Contractor shall enter initial data into the appropriate ECMRA tool to establish the basic contract record no later than 15 business days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the Contracting Officer when the basic contract record has been established in the appropriate ECMRA tool.

d) Contractors may direct technical questions to the help desk at: http://www.ecmra.mil.

[Reference: DPAP memorandum of 28 November 2012, “Enterprise-wide Contractor Manpower Reporting Application]

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1.IDENTIFICATION OF EMPLOYEES

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials. All documents or reports produced by the Contractor shall be marked as contractor products or otherwise indicate that contractor participation is disclosed.

Clothing worn by Contractor’s personnel shall NOT display any logos, advertising, or vendor insignia identifying the contractor. Contractor’s employees shall be dressed in business casual and maintain an appearance that is neat and clean, and reflects favorably upon both the Contractor and the Department of Defense. Contractor’s employees must wear government issued identification at all times.

H.2. DOD BUILDING PASS ISSUANCE

(a) All personnel employed by a civilian commercial firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DoD) Building Pass/Access Card.

(b) The Contractor shall be responsible for having each employee requiring a Temporary DoD Building Pass/Access Card prepare the necessary applications, advising personnel of their obligations, filing the applications with the Contracting Officer, maintaining personnel files and re-filing applications for personnel in the event that clearances must later be extended. Personnel requiring a Temporary DOD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

(c) The Government will issue DoD building passes to eligible persons upon the completion of a National Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies. Processing of completed applications for initial pass issuance or renewal of existing passes will require three to five working days. Contractor employees will be given a pass for the period of performance of the contract, not to exceed one year.

(d) Personnel whose activity does not require them to enter the Pentagon or other access controlled areas, or whose activity within the Pentagon is limited to construction areas prior to the stripping of structural concrete formwork, will not be required to obtain a Pentagon Building Pass. However, they shall display at all times while on the Pentagon Reservation an approved identification badge as described above in the paragraph entitled “Identification of Employees”. Personnel whose activity within the Pentagon follows the stripping of structural concrete formwork shall be required to obtain a Temporary DoD Building Pass/Access Card.

H.3. CONDUCT OF CONTRACTOR EMPLOYEES

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance. The Contracting Officer may require the Contractor to remove from the job site any employee for reasons of misconduct, security, or suspected or found to be under the influence of alcohol, drugs, or other incapacitating agent(s). In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be detrimental to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may require, in writing, the contractor to remove the employee from work under this contract and any other contract awarded to contractor by WHS. The contractor must then remove the employee from the site and from all work under the contract or task order.

H.4. CONTRACTOR TRAINING

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. The Contractor may be required to attend training provided by the Government for areas not outlined in the contract (e.g. security briefings, organizational orientations, equal opportunity and sensitivity training, annual program objective memorandum training, business system training).

H.5. NONDISCLOSURE OF SENSITIVE AND/OR PROPRIETARY DATA

The contractor recognizes that in the performance of this contract it may receive or have access to certain sensitive information, including information provided on a proprietary basis but not limited to, planning, programming, budgeting or execution (PPBE) information, classified information, Privacy Act-protected information or proprietary data of a third party, leases, internal memoranda, correspondence, to include information provided on a proprietary basis by other contractors, by other contractors, equipment manufacturers, and other private or public entities. The contractor agrees to use and examine this information exclusively in the performance of this contract and to take the necessary steps in accordance with Government regulations to prevent disclosure of such information to any party outside the Government or Government-designated support contractors possessing appropriate proprietary agreements, as listed in paragraphs a. through d. below.

a. Indoctrination of Personnel. The contractor agrees to indoctrinate its personnel who have access as to the sensitive nature of the information and the relationship under which the contractor has possession of or access to the information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information will be used for the profit of any party other than those furnishing the information. The Nondisclosure Agreement for Contractor Employees shall be signed by all indoctrinated personnel and forwarded to the Task Order Monitor (TOM) for retention, prior to commencement of work. The contractor shall restrict access to sensitive/ proprietary information to the minimum number of employees necessary for contract performance.

2. In addition, the contractor shall be required to coordinate and exchange directly with other government contractors (OGC) as designated by the Government for information pertinent and essential to performance of task orders issued under this contract. The contractor shall discuss and attempt to resolve any problems between the contractor and OGC designated by the Government. The CO shall be notified in writing of any disagreement (s) which has (have) not been resolved in a timely manner and furnish the CO copies of communications between the contractor and OGC(s) relative to contract performance. Further, the close interchange with between contractor(s) may require access to or release of proprietary data. In such an event, the contractor shall enter into agreement(s) with the OGC(s) to adequately protect such proprietary data from unauthorized use or disclosure so long as it remains proprietary. A copy of such agreement shall be provided to the CO.

c. Remedy for Breach. The contractor agrees that any breach or violation of the certifications or restrictions of this clause shall constitute a material and substantial breach of the terms, conditions and provisions of the contract and that the Government may, in addition to any other remedy available, terminate this contract for default in accordance with the provisions of FAR.

H.6. RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer and Program Executive Officer, Enterprise Information Systems (PEO- EIS) Public Affairs Office (PAO). See also Section I, DFARS clause 252.204-7000 “Disclosure of Information”.

Contractor also must comply with DFARS 252.204-7000, Disclosure of Information, concerning contractor’s responsibilities for handling unclassified information and DFARS 252.204-7003, Control of government personnel work product.

H.7. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

a. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

b. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

c. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

H.8. SECURITY REQUIREMENTS

The contractor shall have a Secret Facility Clearance from the Defense Counterintelligence and Security Agency at the time of proposal submission and maintain the level of clearance for the life of the contract. Unless stated elsewhere, all Contractor personnel performing work under this contract must possess an interim Secret security clearance from the DoD Consolidated Adjudications Facility prior to working on this contract and maintain a final Secret security clearance, once attained, for the life of the contract. These security requirements are in accordance with the attached DD Form 254 which will be provided to the Contractor prior to award of the contract. The Contractor shall comply with all security policies and procedures that apply to DoD and OSD-CAPE. Security procedures shall be made available to Contractor personnel upon award of the contract.

H.9. USE OF GOVERNMENT-FURNISHED COMPUTERS

a. Computers furnished under this contract shall be used for official business only. Contractor personnel shall not use computers furnished under this contract for any use other than to perform the requirements of this contract.

Contractor personnel shall not install any software on Government furnished computers unless consent is obtained from the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

b. Information services available on the Government furnished computers shall only be used for official business only. Examples of information services include Internet, Intranet, World Wide Web, and electronic mail.

c. Access to Government information services is granted as a privilege, and use of such services constitutes consent to monitoring. Information services use will be monitored to ensure the protection of networks and information and to verify and enforce compliance with this contractual requirement.

d. In the event contractor personnel use Government furnished computers and/or information services for other than official business, the contractor shall be required to provide the Government with monetary consideration in the form of credits against the contract as determined by the CO. In addition, if requested by the CO, the contractor shall be required to replace the individual who misused the Government furnished computers and/or information services within 10 working days.

The following are examples of misuse of information services:

1. Illegal, fraudulent, or malicious activities.

2. Partisan political activity, political or religious lobbying or advocacy, or activities on behalf of organizations having no affiliation with DISA or DoD.

3. Activities whose purposes are for personal or commercial financial gain. These activities may include chain letters, solicitation of business or services, sales of personal property.

4. Unauthorized fundraising or similar activities, whether for commercial, personal, or charitable purposes.

5. Accessing, storing, processing, displaying or distributing offensive or obscene material such as pornography and hate literature.

6. Annoying or harassing another person, e.g., by sending or displaying uninvited e-mail of a personal nature or by using lewd or offensive language in an e-mail message.

7. Using another person’s account or identity without his or her explicit permission, e.g., by forging e-mail.

8. Viewing, damaging, or deleting files or communications belonging to others without appropriate authorization or permission.

9. Permitting any unauthorized person to access a DoD-owned system.

H-10 Disclosure of Information

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written consent of the Contracting Officer. Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer.

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of efforts within this IDIQ. Nothing herein will preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor. Deliverables and associated data rights remain exclusive property of the Government.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not considered public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for purposes and to the extent authorized herein.

The Contractor shall not release any information related to this contract to the public, media or other unauthorized persons or organizations unless the Government has conducted the appropriate security review and granted written approval (e.g. posting information to a public website). Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

H.11. NON-DISCLOSURE AGREEMENT:

The contractor shall sign a Non-Disclosure Agreement within five (5) days after contract award or task orders. Any contractor employee performing under the contract shall submit an Non-Disclosure Agreement (NDA) to the Contracting Officer Representative (COR) no later than five (5) days after performance have started by the particular contractor personnel.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 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

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUN 2018

52.210-1 Market Research APR 2011 52.211-5 Material Requirements AUG 2000 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-8 Fixed Fee JUN 2011 52.216-11 Cost Contract--No Fee APR 1984 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2019 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer

Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

52.230-2 Cost Accounting Standards OCT 2015

52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-17 Interest MAY 2014 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-24 Prohibition of Assignment of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime MAR 2015 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7002 Cost Estimating System Requirements DEC 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) MAY 2019 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.235-7011 Final Scientific or Technical Report JAN 2015 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

(a) Definitions. As used in this clause--

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract.