RFP Terms and Conditions Ver2.pdf

RFP 70RCSA20R00000016

SECTION 1: SERVICES AND PRICES

1,1 Description of Services The Contractor shall provide the full range of support, as outlined, to meet the mission needs of the Cybersecurity and Infrastructure Security Agency (CISA), Infastructure Security Division (ISD). The contractor shall provide online registration tool will allow individuals to self-register for voluntary events offered by ISD. Provide a mobile event application tool and OnArrival360 that will integrate with the current online registration tool to improve communications with event participants by providing real-time notifications as well as enhance interactions with attendees by offering live polling, live Q&A, and social networking opportunities with industry peers, experts and leaders. The contractor shall provide the necessary labor, materials and facilities required for the level of effort support, as outlined in the Statement of Work (SOW).

1.2 Contract Type

This is a Firm Fixed Price task order.

1.3 Price Schedule

SEE ATTACHMENT 2

(End of Section B)

SECTION 2: STATEMENT OF WORK (SOW)

SEE ATTACHMENT 1

(End of Section C)

SECTION 3: PACKAGING AND MARKING

Advertisements, Publicizing Awards and News Releases

DHS will not issue any press release regarding this contract without coordination with the Contractor. All press releases or announcements about agency programs, projects, and this contract shall be submitted by the Contractor for written approval by the CO before release.

Under no circumstances shall the contractor, or anyone acting on behalf of the contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Department to be superior to other products or services. This section is applicable to the entirety of the contract.

(End of Section D)

SECTION 4: INSPECTION AND ACCEPTANCE

4.1 Far Clauses Incorporated By Reference

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

http://farsite.hill.af.mil/

FAR Clauses Clause Title Date 52.246-5 Inspection of Services—Cost Reimbursement APR 1984

4.2 Government Acceptance Period

DHS inspection and acceptance of services, reports and other required deliverables or outputs shall be in accordance with this section and take place at:

Department of Homeland 1310 N Courthouse Road Arlington, VA 22202

Or, a location designated by the Contracting Officer (CO) via a contract modification. The Contracting Officer’s Representative (COR), listed in Section G, Subsection 6.1.3, has been delegated authority to inspect and accept all services, reports, and required deliverables or outputs.

The contractor shall provide all deliverable to the CO and COR who will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the contractor notifying it that the deliverable has been accepted.

The COR will have the right to reject or require correction of any deficiencies found in deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

The COR will have 30 business days to review deliverables and make comments. The Contractor shall have ten business days to make corrections and redeliver.

The Contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

(End of Section E)

SECTION 5: DELIVERABLES OR PERFORMANCE

5.1 Period of Performance

The period of performance for this contract includes a 12-month base and four 12-month option years as follows:

Base Period September 30, 2020 - September 29, 2021 Option Period One September 30, 2021 - September 29, 2022 Option Period Two September 30, 2022 - September 29, 2023 Option Period Three September 30, 2023 - September 29, 2024 Option Period Four September 30, 2024 - September 29, 2025

5.2 Place of Performance

The primary place of performance will be the Contractor’s facilities.

5.3 Deliverables

See section 22.0 of the Statement of Work.

5.3.1 Format:

Government Acceptance of Deliverables:

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

The COR will have 30 business days to review deliverables and make comments. The Contractor shall have ten business days to make corrections and redeliver.

The Contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

Final documentation and deliverables shall be provided in hard and soft copy using MS Office products as specified below. Daily, weekly, interim, informal deliverables and working-copy products may be provided by e-mail or disk, as arranged.

5.3.2 Final soft copy: Developed using the current DHS version Office 2016 of MS Word, Power Point, and/or other standard application software and provided on a CD-ROM. If more than one deliverable is provided at the same time, deliverables may be included on the same CD.

5.3.3 Final hard copy: Typewritten on 8-1/2”x11” white paper. The contractor shall not use spiral binding or other binding that interferes with photocopying.

SECTION 6: CONTRACT ADMINISTRATION

6.1 Points of Contact for this contract

6.1.1 Kerri Williams, Contracting Officer

U.S. Department of Homeland Security Office of Procurement Operations (MGMT/OPO) / Stop 0115 245 Murray Lane Washington, DC 20528-0115 Phone: (202) 447-0653 Email: Kerri.Williams@hq.dhs.gov

6.1.2 Tiffany Kindred-Lopez, Contract Specialist

U.S. Department of Homeland Security

Office of Procurement Operations (MGMT/OPO) / Stop 0115 245 Murray Lane Washington, DC 20528-0115 Phone: (202) 447-5742 Email: Tiffany.Kindredlopez@hq.dhs.gov http://www.dhs.gov/dhs-security-and-training-requirements-contractors https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html

6.1.3 Contracting Officer’s Representative (COR)

NAME TO BE INSERTED AT AWARD

6.2 Invoice and Payment Provisions

6.2.1 Invoices shall be submitted via email or mail. If submitting via email, send to:

TBD at Time of Award

In accordance with FAR Clause 52.212-4(g)(1), Contract Terms and Conditions – Commercial Items, or FAR 52.232-25(a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

• Name and address of the Contractor;

• Invoice date and number;

• Contract number, contract line item number, and if applicable, the order number;

• Description, quantity, unit of measure, unit price and extended price of the items delivered;

• Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

• Terms of any discount for prompt payment offered;

• Name and address of official to whom payment is to be sent;

• Name, title, and phone number of person to notify in event of defective invoice; and

• Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in the contract.

• Electronic funds transfer (EFT) banking information.

o The Contractor shall include EFT banking information on the invoice only if required elsewhere in the contract.

o If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer- Other Than Central Contractor Registration), or applicable agency procedures.

o EFT banking information is not required if the Government waived the requirement to pay by EFT.

o For the invoicing of materials that serve as identified deliverables (not including Travel and ODCs), a fully executed DHS Form 700-21 that is completed by the Contracting Officer’s Representative.

Invoices without the above information and/or not submitted by one of the approved methods (mail or email) may be returned for resubmission.

In the event that an improper invoice is submitted and rejected by the Government, the Contractor shall correct the identified deficiencies and resubmit the corrected invoice under an entirely new invoice number to the previously mentioned email address.

To constitute a proper invoice, the invoices must include those items cited in FAR 52.232- 1 Payments (APR 1984) and FAR 52.232-25 Prompt Payment (OCT 2008), paragraphs (a)(3)(i) through (a)(3)(x).

6.2.2 Payment shall be made to the contractor upon delivery to and acceptance by the

Government office requesting services.

SECTION 7: SPECIAL CONTRACT REQUIREMENTS

7.1 Post Award Evaluation of Contractor Performance

7.1.1 Contractor Performance Evaluations

In accordance with FAR Subpart 42.1502, Policy, agencies are required to prepare an evaluation of contractor performance for each (non-construction/A&E) contract in excess of $150,000. An assessment must be prepared at least annually and at the conclusion of the contract. In addition, contracts with a period of performance exceeding one year (including option periods) require interim evaluations so as to document contractor performance and provide current information for source selection purposes.

7.1.2 Contractor Performance Assessment Reporting System (CPARS)

The U.S. Department of Homeland Security utilizes the Department of Defense’s Contractor Performance Assessment Reporting System (CPARS), a web-enabled application that collects and manages the library of automated contractor performance assessments, to collect and maintain contractor performance assessments. An assessment evaluated evaluates a contractor’s performance, both positive and negative, and provides a record on a given contractor during a specific period of time, under a specific contract or task order. CPARS is for UNCLASSIFIED use only.

7.1.3 Contractor Performance Information

The DHS Office of Procurement Operations’ (OPO) assessments of contractor performance shall be accessed by the contractor electronically after completion of the assessment by logging onto CPARS at https://www.cpars.csd.disa.mil. Contractors shall be given a minimum of thirty days to submit comments, rebut statements, and/or provide additional information to the Government.

The OPO Assessing Official shall review the Assessing Official Representative’s assessment and consider the potential for disagreements between the Government and the contractor. If the contractor’s response to the report is contentious, the Assessing Official will forward the evaluation to the Reviewing Official, who will serve as the mediator and shall resolve any dispute between the contractor and Government. If the Reviewing Official cannot resolve the dispute, the matter shall be referred to the Deputy Director, Office of Procurement Operations, for decision and resolution.

Copies of the evaluation, contractor response, and review comments, if any, shall be retained as part of the evaluation. The evaluation may be used to support future award decisions. The release of the completed contractor evaluation shall be restricted to Government personnel and the contractor whose performance is being evaluated. Once the evaluation is completed, it is copied into the Past Performance Information Retrieval System (PPIRS), a web-enabled, government-wide application that provides timely and pertinent contractor past performance information to the Federal acquisition community for use in making source selection decisions, where it can be viewed by authorized personnel at any agency for source selection purposes.

7.2 Observance of Legal Holidays and Administrative Leave

Contract personnel providing support to Task 2.2 will be required to work on Government holidays. In addition, contract personnel supporting Task 2.2 are considered essential personnel and therefore required to work during Government closures such as for inclement weather.

Contract personnel providing support to Task 2.3, the Contractor must establish a standard holiday schedule that coincides exactly with the Government’s schedule for employees working on a Government site. Holidays observed are listed below, except when staffing the Crisis Action Team (CAT). For Government site work, holidays and other non-work days are not https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html billable unless work is specifically requested by the Government and productive hours are performed on those days. The following is a list of the official Federal Government holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday

(7) Columbus Day

(3) President’s Day (8) Veterans Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

When the Federal and governmental entities grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the CO or the COR.

Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station) shall continue to work and the contract price shall not be reduced or increased.

Contractor personnel that are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort.

In those situations that furloughed Government personnel are reimbursed, the Contractor may not invoice for their employees working during the Government furlough until such time as the special legislation affecting Government personnel is signed into law by the President of the United States.

7.3 Hours of Operations

Contractor employees shall generally perform all work between the hours of 0800 and 1700 EST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this SOW.

7.4 Travel

Contractor travel shall not be required for this requirement.

7.5 Post Award Conference

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 10 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's draft project plan. The Post Award Conference will be held at the Government’s facility, located at 4200 Wilson Blvd.

Arlington VA or via teleconference.

7.6 General Report Requirements

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Windows and Microsoft Office Applications).

7.7 Protection of Information

The Contractor shall use Government furnished information, data and documents only for the performance of work under this contract, and shall be responsible for returning all Government furnished information, data and documents to the Government at the end of the performance period. The Contractor shall not release Government furnished information, data and documents to outside parties without the prior and explicit consent of the Contracting Officer.

Contractor access to information protected under the Privacy Act is required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

7.8 Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

7.8.1 Section 508 Applicable EIT Accessibility Standards

36 Code of Federal Regulations (CFR) 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required

1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using

TTY.

7.8.2 508 Applicable Exceptions

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COR and a determination will be made in accordance with DHS Management Directives (MD)

4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

7.8.3 Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

All tasks for testing of functional and/or technical requirements must include specific testing for Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov.

7.9 Government Terms & Definitions

COR Contracting Officer’s Representative DHS Department of Homeland Security EIT Electronic and Information Technology FAR Federal Acquisition Regulation GFE Government Furnished Equipment GFI Government Furnished Information PoP Period of Performance T&M Time and Material

7.10 Identification of Contractor Personnel

The contractor shall ensure that its employees will identify themselves as employees of their respective company while working on DHS/OPO contracts. For example, contractor personnel shall introduce themselves in person and in voice-mail, and sign attendance logs as employees of their respective companies, and not as DHS employees. The contractor shall ensure that its http://uscode.house.gov/uscode-cgi/fastweb.exe personnel use the following format signature on all official e-mails generated by DHS computers:

Name Position or Professional Title Company name Supporting the ______ division/office of DHS Phone Fax Other contact information as desired

7.11 Government Furnished Resources

The Government will not furnish any resources to the Contractor in support of this contract.

7.12 Contractor Furnished Property

The contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract.

7.13 Security

Contractor access to unclassified but Security Sensitive Information may be required during the course of each individual period of performance. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination. Contractor access to classified information is not currently required under this contract. Contractor access to unclassified but Security Sensitive Information may be required during the course of each individual period of performance. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination. Contractor access to classified information is not currently required under this contract. However, the aggregation of government-owned data and data produced under this contract could result in a requirement for the Contractor to provide Secret-cleared Contractor personnel that would be identified at a later date.

7.14 Protection of Information

Contractor access to proprietary information may be required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

7.15 Occupational Safety and Health Act Requirements

This contract requires that Occupational Safety and Health Act (OSHA) requirements be met when applicable. This contract may contain mandatory clauses relating to Environment, Safety, and Occupational Health (ESOH) considerations.

7.16 Suitability Determination

DHS may, as it deems appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. The favorable EOD decision will allow the contractor employees to commence work temporarily prior to the completion of a fitness/risk assessment.

The granting of a favorable EOD decision shall not be considered as assurance that a full employment fitness determination will follow. A favorable EOD decision or a full employment suitability/fitness determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to Government facilities or information, at any time during the term of this contract. No employee of the Contractor shall be allowed unescorted access to a DHS Government facility without a favorable EOD decision or fitness determination by the Office of Security, Personnel Security Division.

Contract employees waiting for an EOD decision may not begin work on the contract and do not have access to sensitive DHS information or DHS IT resources. Limited access to Government buildings is allowed prior to the EOD decision if the Contractor is escorted by a Government employee ONLY. This limited access is to allow Contractors to attend briefings and non-recurring meetings.

7.17 Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information

The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS mission. DHS Management Directive (MD) 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information, describes how contractors must handle sensitive but unclassified information. DHS MD 4300.1 Information Technology Systems Security and the DHS Sensitive Systems Handbook prescribes policies and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering contractors specifically for this contract require access to DHS facilities, IT resources or sensitive information. Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the contractor except as specified in this contract.

7.18 Compliance with DHS Security Policy

All services provided under this contract must be compliant with DHS Information Security Policy, identified in MD 4300.1, Information Technology Systems Security Program and 4300A Sensitive Systems Handbook.

7.19 Post-Award Instructions Regarding Security Requirements for Contracts

The procedures outlined below shall be followed for the DHS Office of Security, Personnel Security Division (PSD) to process background investigations and suitability determinations, as required, in a timely and efficient manner.

Carefully read the security clauses in the contract. Compliance with the security clauses in the contract is mandatory.

a. Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, requiring access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigation s will be processed through the DHS Security Office. Prospective Contractor employees shall submit the following completed forms to the DHS Security Office. The Standard Form 85P will be completed electronically, through the Office of Personnel Management's e-QIP SYSTEM. The completed forms must be given to the DHS Security Office no less than thirty (30) days before the start date of the contract or thirty (30) days prior to entry on duty of any employees, whether a replacement , addition, subcontractor employee, or vendor:

1) Standard Form 85P, "Questionnaire for Public Trust Positions"

2) FD Form 258, "Fingerprint Card" (2 copies)

3) DHS Form 11000-6 "Conditional Access To Sensitive But Unclassified Information Non-Disclosure Agreement"

4) DHS Form 11000-9, "Disclosure and Authorization Pertaining to Consumer Rep01is Pursuant to the Fair Credit Reporting Act"

b. Only complete packages will be accepted by the DHS Security Office. Specific instructions on submission of packages will be provided upon award of the contract.

c. DHS may, as it deems appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow.

A favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to government facilities or information, at any time during the term of the contract. No employee of the Contractor shall be allowed unesco1ied access to a Government facility without a favorable EOD decision or suitability determination by the Security Office.

d. Contractor employees waiting for an EOD decision may begin work on the contract provided they do not access sensitive Government information. Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings and non-recurring meetings in order to begin transition work.

e. The DHS Security Office shall be notified of all terminations /resignations within five

(5) days of occurrence. The Contractor shall return to the Contracting Officer Technical Representative (COR) all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to who it was issued and the last known location and disposition of the pass or card.

f. When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Depa1iment security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

g. Failure to follow these instructions may delay the completion of suitability determinations and background checks. Note that any delays in this process that are not caused by the government do not relieve a contractor from performing under the terms of the contract.

The POC at the Security Office is:

DHS Office of Security Personnel Security Staff Attn: TBD at time of award Washington DC 2 0528 Telephone: TBD at time of award

PART II – CONTRACT CLAUSES

SECTION 8: CONTRACT CLAUSES

8.1 Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation

(HSAR) Clauses

8.1.1 Far Clauses Incorporated By Reference

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

FAR Clauses/Provisions Clause Title Date

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Apr 2014

52.204-2 Security Requirements Apr 2014

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.217-5 Evaluation of Options Jul 1990

52.227-7 Patents-Notice of Government Licensee Apr 1984 52.237-3 Continuity of Services Jan 1991 52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984 52.245-1 Government Property Jan 2017 52.246-4 Inspection of Services-Fixed-Price Aug 1996

8.1.2 FAR Clauses Incorporated in Full-text:

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(a) Definition.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html http://uscode.house.gov/uscode-cgi/fastweb.exe which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous

Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause) http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1075411 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1076192

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED E NTITIES (DEVIATION 20-05)

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018 , in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer ' s Representative , and the Enterprise Security Operations Center (SOC) at NDAA Incidents@ hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibne t.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

mailto:Incidents@hq.dhs.gov https://dibnet.dod.mil/

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to— https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and https://www.sam.gov/

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05) (AUG 2020)

(a) Definitions. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired

(e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video…