SAQMMA11R0001 RFP.pdf

U.S. Department of State

Solicitation No. SAQMMA11R0001

October 29, 2010

U.S. DEPARTMENT OF STATE

OFFICE OF ACQUISITION MANAGEMENT

WORLD WIDE OPERATIONS DIVISION

(A/AQM/WWD)

BUREAU OF DIPLOMATIC SECURITY

REQUEST FOR PROPOSAL (RFP)

SAQMMA11R

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FEDERAL ACQUISITION REGULATION (FAR):

www.arnet.gov

(End of provision)

FAR 52.252-2/DOSAR 252.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB

1998) This solicitation/contract incorporates one or more provisions/clauses by reference, with the same 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 provision/clause may be accessed electronically at this/these address(es):

FEDERAL ACQUISITION REGULATION (FAR):

www.arnet.gov

DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR):

www.statebuy.state.gov/dosar/dosar52.htm

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

NTE=Not To Exceed

Line Unit Total

Item No. Description Qty Unit Price Price/Cost

BASE PERIOD

0001 Information Technology (IT) 12 Mo. $xxx $ xxx

Support Services for DS/CTO

(FFP)

0002 Software/Applications 1 Lot $3,000,000.00 (NTE)

Development Services for

DS/OFM (T&M)(IDIQ)

0003 Surge IT Services for DS/CTO 1 Lot $ 800,000.00 (NTE) http://www.arnet.gov/ http://www.arnet.gov/ http://www.statebuy.state.gov/dosar/dosar52.htm

(Labor Hour)(IDIQ)

0004 Other Direct Costs and Travel 1 Lot $ 200,000.00 (NTE) in support of Items 0001, 0002 and 0003

0005 Award Fee (5% of Item 0001 Price) 1 Lot $ xxx

FIRST OPTION PERIOD

0101 Information Technology (IT) 12 Mo. $xxx $ xxx

(FFP) (Option Item)

0102 Software/Applications 1 Lot $3,000,000.00 (NTE)

DS/OFM (T&M)(IDIQ) (Option Item)

0103 Surge IT Services for DS/CTO 1 Lot $ 800,000.00 (NTE)

(Labor Hour)(IDIQ) (Option Item)

0104 Other Direct Costs and Travel 1 Lot $ 200,000.00 (NTE) in support of Items 0101, 0102 and 0103 (Option Item)

0105 Award Fee (5% of Item 0101 Price) 1 Lot $ xxx

(Option Item)

SECOND OPTION PERIOD

0201 Information Technology (IT) 12 Mo. $xxx $ xxx

0202 Software/Applications 1 Lot $3,000,000.00 (NTE)

0203 Surge IT Services for DS/CTO 1 Lot $ 800,000.00 (NTE)

0204 Other Direct Costs and Travel 1 Lot $ 200,000.00 (NTE) in support of Items 0201, 0202 and 0203 (Option Item)

0205 Award Fee (5% of Item 0201 Price) 1 Lot $ xxx

THIRD OPTION PERIOD

0301 Information Technology (IT) 12 Mo. $xxx $ xxx

0302 Software/Applications 1 Lot $3,000,000.00 (NTE)

0303 Surge IT Services for DS/CTO 1 Lot $ 800,000.00 (NTE)

0304 Other Direct Costs and Travel 1 Lot $ 200,000.00 (NTE) in support of Items 0301, 0302 and 0303 (Option Item)

0305 Award Fee (5% of Item 0301 Price) 1 Lot $ xxx

FOURTH OPTION PERIOD

0401 Information Technology (IT) 12 Mo. $xxx $ xxx

0402 Software/Applications 1 Lot $3,000,000.00 (NTE)

0403 Surge IT Services for DS/CTO 1 Lot $ 800,000.00 (NTE)

0404 Other Direct Costs and Travel 1 Lot $ 200,000.00 (NTE) in support of Items 0401, 0402 and 0403 (Option Item)

0405 Award Fee (5% of Item 0401 Price) 1 Lot $ xxx

Total contract value for the 1-year base period and four option years is $_________.

This includes the fixed price portion, labor hour ceiling of $ _______, estimate for

ODCs and Travel of $______, and award fee of $_______.

B.1 GENERAL REQUIREMENTS

This contract is awarded for IT support services to be performed for the Office of the Chief

Technology Officer (CTO) and the Office of Financial Management (OFM) within the Bureau of

Diplomatic Security (DS), U.S. Department of State (DoS). All branches within the CTO will be serviced by this contract, including: Operations, Systems Integration, and Security Operations.

The contract is awarded to a certified 8(a) small business firm under NAICS code 541513, Computer Facilities Management Services. Award of this contract is made pursuant to a performance-based acquisition strategy.

B.2 PRICING STRUCTURE

Set forth above are Contract Line Item Numbers (CLINs) for the execution of the DS/CTO IT

Support services. Exercise of options shall be in accordance with FAR 52.217-9, Option to

Extend the Term of the Contract (see Section I).

CLIN 0001, and to the extent exercised, Option Items 0101, 0201, 0301 and 0401, will be paid monthly and invoiced in accordance with Section G.1 and G.2 of this contract.

CLINs 0002 and 0003, and to the extent exercised, Option Items 0102, 0103, 0202, 0203, 0302, 0303, 0402 and 0403, provide for task order efforts for emergent OFM software development and DS/CTO surge events. Implementation of effort hereunder is at the sole discretion of the government and payments, if warranted, will be paid monthly and invoiced in accordance with

Section G.6 of this contract.

CLIN 0004, and to the extent exercised, Option Items 0104, 0204, 0304 and 0404, provide for the costs of necessary material expenses and required travel and will be paid as incurred plus an amount determined through application of a contract rate for G&A expense and invoiced in accordance with Section G.1 and G.2 of this contract.

CLIN 0005, and to the extent exercised, Option Items 0105, 0205, 0305 and 0405, provide for accumulation and payment of an award fee. Award fee amounts will be invoiced separately and determined and paid in accordance with the Award Fee Plan of this contract (see Attachment 2).

B.3 CEILING/MINIMUM PRICE (TIME AND MATERIALS/LABOR HOUR

CONTRACT) (MAY 1995)

(a) The ceiling prices of the Time and Materials/Labor Hour and ODCs CLINS of this contract are as set forth below and apply to the base Items and, to the extent exercised, the Option Items:

CLIN Ceiling Price

0002 $3,000,000.00

0003 $ 800,000.00

0004 $ 200,000.00

0102 $3,000,000.00

0103 $ 800,000.00

0104 $ 200,000.00

0202 $3,000,000.00

0203 $ 800,000.00

0204 $ 200,000.00

0302 $3,000,000.00

0303 $ 800,000.00

0304 $ 200,000.00

0402 $3,000,000.00

0403 $ 800,000.00

0404 $ 200,000.00

(b) If this contract includes options and a ceiling price is specified for each option, each ceiling price shall apply separately and independently to that option. The Contractor shall not exceed the ceiling prices of this contract except as provided in FAR 52.232-7, Payments Under Time and Materials and Labor Hour Contracts.

(c) The total minimum amount to be paid by the Government under all IDIQ CLINs (Items

0002, 0003, and to the extent exercised, Option Items 0102, 0103, 0202, 0203, 0302, 0303, 0402 and 0403) shall be $50,000.00.

(d) Notwithstanding the above, if this contract is funded below the ceiling price(s), the

Contractor shall not exceed the funded amount(s).

B.4 RATE FOR TIME AND MATERIAL/LABOR HOUR CONTRACT ITEMS (MAY

1995)

(a) The labor rates specified herein are fixed hourly rates for work at the Government’s site in

Arlington, VA, and include the following: wages, indirect costs (including overhead, fringe benefits, and general and administrative expenses) and profit.

(b) In accordance with FAR 52.232-7, Payments Under Time and Material and Labor-hour

Contracts, the Contractor shall only voucher for the time of the personnel whose services are applied directly to the work called for by the Contracting Officer’s Representative (COR) in individual task direction and accepted by the COR. The Government shall pay the Contractor for the life of a COR-directed task at rates effective when the task direction was given by the COR, unless the contract is modified to incorporate rates adjusted pursuant to FAR 52.222-43, Fair

Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option

Contracts), or FAR 52.222-44, Fair Labor Standards Act and Service Contract Act - Price

Adjustment, as applicable. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records shall document time worked and work performed by each individual on each directed task.

B.5 TRAVEL COSTS (TIME AND MATERIAL/LABOR HOUR) (NOV 1996)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart

31.2, specifically FAR 31.205-46. Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the Contracting

Officer’s Representative (COR). In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.

(b) Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor’s usual accounting practices consistent with FAR 31.2. In no event shall travel costs be burdened with fee/profit.

(c) The Contractor shall include a breakout of all authorized travel expenses as an attachment to each invoice submitted for payment. Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.

(d) Should an Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay will be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 6450 of the U.S. Department of State Standardized Regulations

(Government Civilian, Foreign Areas). Each employee will be notified upon arrival at any hazardous duty area of the applicable rates, terms and conditions at the time of performance.

Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G&A) or fee/profit.

(e) When local travel between the Contractor employee’s regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50 mile radius of the Contractor employee’s regular place of performance and does not include daily commuting or associated costs.

(f) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for five Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

(g) The Government will reimburse the Contractor for Contractor employee’s travel time to or from other authorized work locations; except that for labor categories which are exempt from the

Fair Labor Standards Act, a reimbursement will be allowed only for travel during the employee’s regular working hours. The Contractor will not be reimbursed for time spent in stand-down or temporary layovers for the convenience of the Contractor except as authorized by the Federal

Travel Regulations.

(h) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract.

The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.

SECTION C – DESCRIPTION/SPECIFICATIONS

Item 0001, and to the extent exercised, Option Items 0101, 0201, 0301 and 0401: The

Contractor shall provide Information Technology services to the DS/CTO and OFM in accordance with the Statement of Work/Objectives/Specification provided as Attachment 1 to this contract and all terms and conditions set forth herein.

Item 0002, and to the extent exercised, Option Items 0102, 0202, 0302 and 0402: Upon receipt of an order from the Contracting Officer, provided in accordance with the Ordering clause at

H.12, the contractor shall provide a temporary increase in Information Technology staffing and/or material to meet DS/CTO’s unexpected and emergent within-scope IT needs in accordance with Attachment 1 and the task-level statement of work.

Item 0003, and to the extent exercised, Option Items 0103, 0203, 0303 and 0403: Upon receipt of an order from the Contracting Officer, provided in accordance with the Ordering clause at

H.12, the contractor shall provide software development support to OFM in accordance with

Attachment 1 and the task-level statement of work.

Item 0004, and to the extent exercised, Option Items 0104, 0204, 0304 and 0404: The

Contractor shall provide ODC items and undertake Travel required to support the effort under

Items 0001, 0002, 0003, 0101, 0102, 0103, 0201, 0203, 0203, 0301, 0302, 0303, 0401, 0402, or

0403 in accordance with paragraph B.5 above.

Item 0005, and to the extent exercised, Option Items 0105, 0205, 0305 and 0405: The government shall accrue, determine and pay award fee as set forth in the Award Fee Plan of this contract (see Attachment 2).

C.1 BACKGROUND

The Bureau of Diplomatic Security (DS) is the law enforcement and security arm of the

Department of State (DoS). The DS mission is to ensure a safe and secure environment for the conduct of United States (U.S.) foreign policy. To support the protective security responsibilities of DS, CTO provides 24/7 support in addition to overall systems planning, integration and management services to DS special agents, security engineers, security technical specialists, couriers and other security professionals assigned to headquarters, field offices and U.S.

missions worldwide. CTO consists of three (3) divisions, eight (8) branches and approximately two hundred (200) direct hire Foreign Service, Civil Service and contractor staff.

CTO manages over seventy (70) concurrent projects designed to further the DS mission by delivering consistent value, high quality IT products (hardware and software) and integration services to the Bureau. Managing these efforts on an organizational scale requires coordination of complex business operations and processes. To accomplish this, CTO has implemented project management processes and control practices to improve the management of operations at the project level. The implementation of these processes and control practices continues to mature and has highlighted the need for centralized capabilities.

See Attachments:

1. SOW for IT Support for the Bureau of Diplomatic Security,

2. Award Fee Plan, and

3. DD Form 254-Contract Security Classification Specification

4. Past Performance Questionnaire

The Contractor shall provide contractor staff members who have a SECRET clearance.

C.1.2 SECTION 508 COMPLIANCE REQUIREMENTS

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov.

C.1.3. Government-Supplied Support Services

For Contractor personnel performing the work hereunder on Government premises, the

Government shall provide: on-site office, furniture, telephone service, and other associated utilities, supplies and equipment.

C.2 INCORPORATION OF CONTRACTOR’S TECHNICAL PROPOSAL

(a) The Contractor shall perform this contract in accordance with its technical proposal dated

____TBD________ and any revisions thereto submitted in response to Solicitation

SAQMMA11R0001.

(b) The Contractor’s technical proposal is incorporated by reference and hereby made subject to the provisions of the Order of Precedence clause in Section I of this contract. Under the Order of Precedence clause, the Contractor’s technical proposal shall follow ―the specifications‖ in the order of precedence.

C.3 CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252-2 and DOSAR 252.252-02, the following clause(s) are incorporated into this solicitation/contract by reference:

FEDERAL ACQUISITION REGULATION (48 CRF CHAPTER 1) CLAUSES

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

http://www.section508.gov/

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.243-1 CHANGES—FIXED PRICE (AUG 1987)

52.243-3 CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

52.244-2 SUBCONTRACTS (JUN 2007)

(d) If the contractor has an approved purchasing system, the contractor nevertheless shall obtain the contracting officer’s written consent before placing the following subcontractors: ___All subcontracts_______________________

Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

______TBD________________________________________________________

52.245-1 GOVERNMENT PROPERTY (JUNE 2007)

52.246-25 LIMITATION OF LIABILITY—SERVICES (FEB 1997)

DEPARTMENT OF STATE ACQUISITION REGULATIONS (DOSAR) CLAUSES

652.225-71 – Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999)

652.237-72 – Observance of Legal Holidays and Administrative Leave (APR 2004)

SECTION D - PACKAGING OR MARKING

All deliverables provided hereunder shall be packaged and marked to ensure secure, safe and complete arrival at destination.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

incorporated into this solicitation/contract by reference.

Clause Title Date

52.246-04 Inspection Of Services- Fixed Price August 1996

52.246-06 Inspection - Time and Material and Labor-hour May 2001

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

incorporated into this solicitation/contract by reference.

Clause Title Date

52.211-11 Liquidated Damages--Supplies, Services, or Research and Development

September 2000

52.242-15 Stop Work Order August 1989

52.242-17 Government Delay of Work April 1984

F.2 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting Officer’s signature, and shall remain in effect until one year from date of Award (end of the base period). The period of performance is for a one-year base period and four one-year options as shown below:

Base Period Date of Contract Award (DCA) through 12 months after DCA

Option Year One 12 months after DCA through 24 months after DCA

Option Year Two 24 months after DCA through 36 months after DCA

Option Year Three 36 months after DCA through 48 months after DCA

Option Year Four 48 months after DCA through 60 months after DCA

F.3 PLACE OF PERFORMANCE

The principal place of performance for this project will be:

1801 N. Lynn Street

Arlington, Virginia 22209

DoS Working Hours:

The normal Department of State working hours are 8:00 a.m. to 5:00 p.m. Monday through

Friday. Contractor resources assigned to performance at DoS locations shall be available within the normal working hours, unless otherwise approved by the COR.

F.4 DELIVERABLES

Deliverables

Point of Delivery for Deliverables:

Unless otherwise noted, contractor deliverables shall be submitted to the COR.

Summary of Deliverables:

The summary of deliverables is outlined in the PWS and/or award fee plan as appropriate.

Standards for Acceptance of Deliverables:

(a) Acceptance of all written documents and other deliverables shall be based upon DS/CTO

COR review and approval.

(b) All document deliverables, other than monthly progress reports, shall first be submitted in draft form to the COR. The Department will have five (5) working days to determine the acceptability of all completed drafts. If the DoS COR suggests changes to the first draft, the contractor shall submit a corrected draft for further review. Unless valid justification is given to the contrary, the contractor shall incorporate the changes recommended by the

COR in its respective final documents and reports. If DoS COR comments given do not conform to safe and ethical business practices, or are deemed technically unsound, it shall be the responsibility of the contractor to advise the DoS COR. The corrected document shall be resubmitted to the COR for final approval within five (5) working days after receipt of Department comments.

Format/Content of Deliverables:

In addition to being provided in hard copy, all documents shall be delivered in electronic copy in

Microsoft Office and /or Adobe PDF format. The contractor shall furnish the Contracting

Officer a copy of the letter transmitting each deliverable to the COR. The COR will review each deliverable and provide a response to the contractor in a timely manner that does not impede contractor performance. If the COR does not provide a timely response, the contractor shall immediately notify the Contracting Officer in writing.

F.5 FINAL REPORT

―Final Report‖ – In conjunction with the submission of a final invoice, the Contractor shall submit three copies of the final report to the Program Office not more than 30 calendar days after the expiration of the final contract period of performance. A copy of the final report shall be submitted to the COR and the Contracting Officer.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DOSAR 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE

(AUG 1999) (ACQ STANDARD FORMAT) (09/99)

(a) The contracting officer may designate in writing one or more Government employees, by name and position title, to take action for the contracting officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted contracting officer and this authority is delegated in the designation.

(b) The COR is identified below under G.2 ―GOVERNMENT CONTACT INFORMATION."

G.2 GOVERNMENT CONTACT INFORMATION

Contracting Officer: Vince J. Chaverini, Jr.

(703) 875-6645

Contract Specialist: David Marr

(703) 875-6056

Contracting Officer’s

Representative (COR): Mya Hlaing (571) 345-7765

Addresses:

First Class Mailing: U.S. Department of State

Office of Acquisition Management

P.O. Box 9115, Rosslyn Station

Arlington, Virginia 22219

Courier or Hand Delivery U.S. Department of State

Office of Acquisition Management nd

Floor

1701 N. Ft. Myer Drive

Arlington, Virginia 22209

(Visitor’s entrance via 17 th

Street)

G.3 INVOICE PAYMENT – DoS (01/08)

Instructions for invoice payment:

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, unless otherwise indicated. Each invoice must be transmitted separately. A copy of each invoice for services will be sent to the COR within the first five (5) days of the month.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information; see below line item information instructions.

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket

Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name: U.S. Department of State

Global Financial Services

Attn: Office of Claims (RM/GFS/F/C)

Charleston Financial Service Center

Mailing Address: Post Office Box 150008

Charleston, SC 29415-5008

Telephone Numbers: Voice 843-202-3761

Fax 843-746-0749

Person to Contact: Mike Washington, Office of Claims

Email: WashingtonM@state.gov

Phone: 843-202-3761

To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service

Email: commercialclaims@state.gov

Phone: 877-704-9473 Toll Free

(End of clause)

G.4 LIMITATION OF FUNDS

(a) Of the total price in Section B (or the "Prices" section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the task/delivery order is obligated.

(b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does not exceed the total amount obligated.

(c) (1) It is contemplated that funds now obligated under this contract will cover the work to be performed for the base period of the contract.

(2) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until that date, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date specified in paragraph (c)(1) of this clause or another date agreed to by the parties.

(3) If, after notification is provided pursuant to paragraph (c)(2) of this clause, additional funds are not obligated, or an earlier date than the date in paragraph (c)(1) of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract (including actions under the termination clause of this contract) beyond the funds obligated for contract performance.

(d) When additional funds are obligated from time to time for continued performance of this contract, the contract shall be modified to increase the funds obligated and to indicate the period of performance for which funds are applicable. The contractor may notify the contracting officer as provided in paragraph (c)(2) of this clause regarding any additional funds obligated.

(e) If the contractor incurs additional costs or is delayed in the performance of work under this contract, solely by reason of the Government's failure to obligate additional funds in amounts mailto:commercialclaims@state.gov sufficient for the timely performance of this contract, an equitable adjustment may be made to the price, or time of delivery, or both.

(f) This clause shall become inoperative upon obligation of funds sufficient to cover the full price stated in the contract, except for rights and obligations then existing under this clause.

(g) Nothing in this clause shall affect the Government's right to terminate the contract for convenience or default.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ORGANIZATIONAL CONFLICT OF INTEREST

(a) The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the contractor has disclosed all such relevant information.

(b) The contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the contractor will make a full disclosure in writing to the contracting officer. This disclosure shall include a description of actions that the contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclosure or misrepresented relevant information to the contracting officer, the Government may terminate the contract for default.

(d) The contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

H.2 SAFEGUARDING OF INFORMATION

The contractor and its employees should exercise the utmost discretion in regard to all matters relating to their duties and functions. They should not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the contracting officer. All documents and records (including photographs) generated during the performance of work under this contract should be for the sole use of and become the exclusive property of the U.S. Government.

Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract should be published or disseminated through any media without the prior written authorization of the contracting officer.

These obligations do not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

H.3 NONPAYMENT FOR UNAUTHORIZED WORK MAY 1995

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting

Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.4 TECHNICAL DIRECTION

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer’s Representative (COR) specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of injury, change work emphasis, fill in details or otherwise serve to assist in the Contractor’s accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract.

Technical instructions may not be used to:

(1) Assign additional work under the contract;

(2) Direct a change as defined in the ―Changes‖ clause of this contract;

(3) Increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

(4) Change any of the terms, conditions or specifications of contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the

Contracting Officer in writing within ten working days after the receipt of any such instruction.

The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

H.5 SMOKE-FREE WORKPLACE NOTICE May 1995

(a) The Department of State has been designated a smoke-free workplace.

(b) Definitions. ―Smoking‖ means a lighted cigar, cigarette, pipe or other tobacco product.

―Smoking Areas‖ means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability. The Smoke-Free Workplace policy applies to all occupants of the Main State

Complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented or leased vehicles.

(d) Policy. It is the policy of the Department of State to promote a healthy environment.

Accordingly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.

H.6 SECURITY REQUIREMENTS SEPTEMBER 1999

(a) A facility security clearance at the Top Secret level is required for contract performance in accordance with DD Form 254.

(b) Since it will be necessary for some Contractor personnel to have access to classified material and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an individual security clearance commensurate with the required level of access to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change.

(c) The Contractor shall obtain a Department of State building pass for all employees performing under this contract that require frequent and continuing access to Department of State facilities in accordance with DOSAR 652.237-71 ―IDENTIFICATION/BUILDING PASS.‖

(d) Performance of this contract shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification and FAR 52.204-2

―SECURITY REQUIREMENTS.‖

(e) Classified material received or generated in the performance of this contract shall be safeguarded and disposed of in accordance with the National Industrial Security Program

Operating Manual (DOD 5220.22-M).

H.7 IDENTIFICATION/BUILDING PASS (APR 2004)

(a) Contractors working in domestic facilities who already posses a security clearance.

(1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities

Protection shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose.

(2) The contractor shall submit a Visitor Authorization Request (VAR) Letter to the

Bureau of Diplomatic Security, Information Security Programs Division, Industrial

Security Branch (DS/ISP/INB) on its cleared employees containing the following information:

(i) Contractor employee’s full name, social security number, and date of birth;

(ii) Contractor’s company name;

(iii) Security clearance level;

(iv) Date the clearance was granted;

(v) Name of the contractor’s Facility Security Officer;

(vi) Contracting Officer’s Representative (COR); and

(vii) Contract number.

(3) DS/ISP/INB shall process and approve the VAR letter, if appropriate. The approved

VAR letter shall be forwarded to the contractor for their records.

(4) The contractor employee shall hand-carry the following documentation to the

Building Pass Office, Department of State, 520 23 rd

Street, courtyard of Columbia Plaza, Washington, D.C:

(i) A Department of State sponsorship letter from the COR, addressing the following:

(A) The purpose for which the pass is being requested;

(B) The employee’s valid security clearance level (reflected on the

VAR);

(C) Contract number and period of performance;

(D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and,

(E) Expiration date of building pass (1 year or 3 years);

i. Letter on company letterhead to accompany the application, containing the following information:

(B) Verification of employment;

(C) The employee’s valid security clearance level; and,

(D) Contract number and period of performance; and

ii. The DS-1838, Request for Building Pass Identification Card.

(b) Contractors working in domestic facilities where security clearances are not required.

(1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities

Protection, shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose.

(2) The contractor shall submit the following paperwork, in original, to the Bureau of

Diplomatic Security, Information Security Programs Division, Industrial Security Branch

(DS/ISP/INB):

(i) SF-85P, Questionnaire for Public Trust Positions;

(ii) SF-85P/S, Supplemental Questionnaire for Selected Positions; and,

(iii) DOS Credit Release, which may be obtained from DS/ISP/INB via mail or facsimile.

(3) DS/ISP/INB shall conduct a preliminary background check. If the background check is favorable, DS/ISP/INB will forward a letter to the company Facility Security Officer

(FSO) notifying them that the individual may proceed to the Building Pass Office to continue the badging process. DS/ISP/INB will forward a copy of this letter to the

Building Pass Office.

(4) When a contractor employee is approved to receive building pass, he/she shall hand-carry the following documentation to the Contractor Building Pass Office, Department of

State, 520 23 rd

. Street, N.W., courtyard of Columbia Plaza, NW, Washington, D.C.;

(i) A Department of State sponsorship letter from the COR, addressing the following:

(B) Whether or not the employee has a valid security clearance;

(C) Contract number and period of performance;

(D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and

(E) Expiration date of building pass (1 year of 3 years);

(ii) DS Form 1838, Request for Building Pass Identification Card;

(iii) Letter on company letterhead to accompany the application, containing the following information:

(B) Verification of employment;

(C) Whether or not the applicant has a valid security clearance; and,

(D) Contract number and period of performance;

(iv) Original SF-85P or a copy of the SF-85P, with an original signature and current date;

(v) Original SF-85P/S or a copy of the SF-85P/S, with an original signature and current date; and,

(vi) Copy of the DOS Credit Release, with an original signature and current date; and,

(vii) Original proof of U.S. citizenship, such as a birth certificate or valid U.S passport. Non-U.S. citizens must submit a valid photo Immigration and

Naturalization Service Employment Authorization Document (INS EAD).

(5) Applicants shall be fingerprinted at the Building Pass Office and the process for a building pass shall be initiated. The approval process shall take at least 48 hours.

Applicants shall not return to the Building Pass Office until they receive notification from

DS/ISP/IND that the process is complete. Once DS/ISP/IND receives notification from the Building Pass Office that a building pass can be issued, DS/ISP/IND shall notify the

FSO and the COR that the applicant has been approved for initial contract performance.

(c) Contractors working in overseas facilities: Contractors shall submit appropriate documentation to obtain building pass as specified in the contract.

(d) All contractor employees, both domestic and overseas, shall wear the passes in plain sight at all times while in Department of State buildings. All contractor employees shall show their passes, where appropriate, when entering these buildings and upon request of uniformed guards or any other authorized personnel.

(e) All passes shall be returned to the COR upon separation of the employee, or expiration or termination of the contract. Final payment under this contract shall not be made until all passes are returned to the COR.

H. 8 ADVERTISING OF AWARD

The contractor shall not allow the existence of this contract or the names, phone number, etc. of

Government employees involved in this delivery order, to be used for publicity or advertising purposes. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance and/or film concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the contracting officer.

H.9 ADDITIONAL SECURITY REQUIREMENTS

(a) Subcontracting firms must possess facility security clearances commensurate with their level of access.

(b) All contractor personnel assigned to this contract must possess a personnel security clearance issued by DSS in accordance with the NISPOM. Clearance levels are provided below:

Top Secret – All Contractor personnel who require system administrator access to the

DoS classified and unclassified networks, perform maintenance on TS equipment, are assigned to areas where access to TS information cannot be precluded, must possess Top

Secret personnel security clearances at a minimum. Some employees will require a

TS/SCI clearance to gain access to sensitive areas and information.

Secret – Contractor personnel who require access to classified information up to the

Secret Level, are assigned to areas where access to classified information cannot be precluded, perform the duties of installer, developer/integrator, must possess Secret personnel security clearance by DSS.

(c) Subsequent to award, the DOS will conduct a formal briefing for the contractor. The purpose of the briefing will be to bring to the contractor’s attention the governing documents and the directives regarding all security considerations in the staffing of the project, site access, software and hardware functions, document control, and Diplomatic Security procedures. Contractors are responsible for following all standards and procedures outlined in 5 FAM. Additionally, security clearance requirements for the contractor to access DoS domestic or overseas information systems shall be in accordance with 12 FAM 600 (reference Web site: http://aope.a.state.gov).

(d) In the event that the personnel security clearance for an individual assigned to this contract is rescinded, the individual shall be removed from the contract and replaced by a substitute acceptable to the Department at no increase in cost or price.

(e) All personnel who resign, are transferred, terminated, or otherwise removed from the delivery order shall be debriefed by the Information System Security Officer (ISSO) on the last day of work on site and shall turn in their DoS badge to the ISSO. The visitor authorization request previously sent to DS/ISP/IND must be cancelled. Each employee under this contract is individually responsible for the protection of information and shall be required to sign an agreement regarding the confidentiality of the work performed under this contract.

H.10 KEY PERSONNEL (02/96)

(a) The Contractor shall assign Key Personnel who are dedicated to this contract 100% of the time. Key personnel shall include qualified employees who meet the qualifications of the positions included in the offeror’s technical proposal.

(b) The Contractor shall assign to this contract the following key personnel:

LABOR CATEGORY NAME

etc.

(c) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the

Contracting Officer. During the first ninety days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

(d) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced.

The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Officer to enable him to judge whether or not the

Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(e) This clause, listing the appropriate Key Personnel, shall be included in each sub-contract issued under this contract, tailored as appropriate.

H.11 REQUIRED CERTIFICATIONS AND CAPABILITIES

The contractor shall adhere to and provided evidence of certification in the following areas: ISO

20000, ISO 9000 and ISO 27001 standards. The contractor shall also provide and maintain

Oracle Premier Services and Microsoft Engineering Premier Services.

H.12 ORDERING (Oct 1995)

This clause is applicable to Items 0002, 0003 and to the extent exercised, items 0102, 0103, 0202, 0203, 0302, 0303, 0402 and 0403.

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the periods set forth in the clause at F.2 - Periods of Performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered ―issued‖ when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

H.13 52.216-19 ORDER LIMITATIONS (OCT 1995)

This clause is applicable to Items 0002, 0003 and to the extent exercised, items 0102, 0103, 0202, 0203, 0302, 0303, 0402 and 0403.

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $3,000,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057 https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within fourteen (14) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same 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):

FAR: www.arnet.gov/far

DOSAR: www.statebuy.inter.net/acpolicy

(End of Clause)

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