Fire_Suppression_Systems_Maintenance_Services_IDIQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SAQMMA14R0190

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/05/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sara E. Collins

b. TELEPHONE NUMBER (No collect calls)

703-875-4889 TTY

c. EMAIL collinsse@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561210

SIZE STANDARD: $35,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

OBO__CODE15. DELIVER TO

BUREAU OF OVERSEAS BUILDINGS OPERATIONS

(OBO)

1701 N. FORT MYER DRIVE

ARLINGTON, VA 22209

CODE16. ADMINISTERED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

1701 N. FORT MYER DR

ROOM 200

ARLINGTON, VA 22209

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR OBOFMCODE18a. PAYMENT WILL BE MADE BY

FINANCIAL MGMT DIV (OBO/RM/FM)

1701 N FT MYER DRIVE

ATTN: NICHOLAS DEUTSCH, BUDGET ANALYST

ROSSLYN, VA 22209

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Timothy P. Farrell 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SAQMMA14R0190

Table of Contents

Section Description Page Number

2 Contract Clauses 52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Nov 2013) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (Defense Base Act) - SERVICES (AUG 2013) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR

2004) 52.204-7 System for Award Management (Jul 2013) 52.249-14 Excusable Delays (Apr 1984) 52.204-2 Security Requirements (Aug 1996)

3 Solicitation Provisions 52.212-1 Instructions to Offerors - Commercial Items (Jul 2013) 52.216-27 Single or Multiple Awards (Oct 1995)

652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 99)

3.1 STATUS OF PROPERTY MANAGEMENT

L.1 Instructions, Condition, and Notices to Offerors

4 Evaluation Factors 52.212-2 Evaluation - Commercial Items (Jan 1999)

5 Representations and Certifications 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2013)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

652.228-70 DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (AUG 2013)

001 Project Manager

Base Year

0.00 HR

Doc Ref No:

Delivery Date FOB:

002 Fire Pump Representative/Technician

Base Year

0.00 HR

Doc Ref No:

Delivery Date FOB:

003 NICET Sprinkler Technician

Base Year

0.00 HR

Doc Ref No:

Delivery Date FOB:

004 Fire Alarm Technician

Base Year

0.00 HR

Doc Ref No:

Delivery Date FOB:

1001 Project Manager

Option Year 1

0.00 HR

Doc Ref No:

Delivery Date FOB:

1002 Fire Pump Representative/Technician

Option Year 1

0.00 HR

Doc Ref No:

Delivery Date FOB:

1003 NICET Sprinkler Technician

Option Year 1

0.00 HR

Doc Ref No:

Delivery Date FOB:

1004 Fire Alarm Technician

Option Year 1

0.00 HR

Doc Ref No:

Delivery Date FOB:

2001 Project Manager

Option Year 2

0.00 HR

Doc Ref No:

Delivery Date FOB:

2002 Fire Pump Representative/Technician 0.00 HR

SAQMMA14R0190

Line Item Summary

Solicitation Number:

SAQMMA14R0190

Contract Number: Title: Fire Suppression Systems Maintenance

Date of Solicitation:

06/05/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Option Year 2

Doc Ref No:

Delivery Date FOB:

2003 NICET Sprinkler Technician

Option Year 2

0.00 HR

Doc Ref No:

Delivery Date FOB:

2004 Fire Alarm Technician

Option Year 2

0.00 HR

Doc Ref No:

Delivery Date FOB:

3001 Project Manager

Option Year 3

0.00 HR

Doc Ref No:

Delivery Date FOB:

3002 Fire Pump Representative/Technician

Option Year 3

0.00 HR

Doc Ref No:

Delivery Date FOB:

3003 NICET Sprinkler Technician

Option Year 3

0.00 HR

Doc Ref No:

Delivery Date FOB:

3004 Fire Alarm Technician

Option Year 3

0.00 HR

Doc Ref No:

Delivery Date FOB:

4001 Project Manager

Option Year 4

0.00 HR

Doc Ref No:

Delivery Date FOB:

4002 Fire Pump Representative/Technician

Option Year 4

0.00 HR

Doc Ref No:

Delivery Date FOB:

4003 NICET Sprinkler Technician 0.00 HR

Option Year 4

Doc Ref No:

Delivery Date FOB:

4004 Fire Alarm Technician

Option Year 4

0.00 HR

Doc Ref No:

Delivery Date FOB:

1.1 TYPE OF CONTRACT

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract, under which task orders will be issued for individual require-ments. Depending on the specific requirements, task orders will be issued on a firm fixed-price, time-and-materials, or labor hour basis.

(end of clause)

B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract)

Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.

$25,000

During the entire contract performance period, DoS is required to order and the contractor is required to furnish this minimum amount of services. This should not be considered the minimum amount for each year (should any option years be exercised). It is the minimum amount of services that must be ordered during the entire contract performance period (base year plus any option years). Funding will be at the task order level.

The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $10,000,000.

The maximum aggregate dollar value of all task orders awarded to all contractors (during the base year plus all options years exercised) cannot exceed this contract ceiling. This ceiling is not being subdivided equally amongst the number of awardees, nor is it being multiplied by the number of awardees.

(end of clause)

SAQMMA14R0190

Line Item Summary

Solicitation Number:

SAQMMA14R0190

Contract Number: Title: Fire Suppression Systems Maintenance

Date of Solicitation:

06/05/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

C.1 STATEMENT OF WORK

Please see Attachment 1.

D.1 PACKAGING AND MARKING

Any required labeling and marking requirements for deliverables under the contract will be identified in individual task orders.

D.2 DEPARTMENT OF STATE DELIVERY, MAIL, AND COURIER ADDRESSES

The contractor shall include the substance of Provisions D.2 and D.3 in all cleared subcontracts. The substance of D.3 shall be reproduced in all subcontracts.

Classified packages shall NOT be sent via U.S. Postal Service. Contractors and subcontractors authorized to send classified packages to the Department shall provide delivery of packages, by appropriately cleared con-tractor, via approved hand-carry methods in accordance with NISPOM 5-410 and 5-411. All classified hand-carry deliveries from the contractor to DoS shall be made to the following address between the hours 8:00 AM and 4:00 PM. The contractor shall advise the intended recipient of the materials and estimated time of arrival a minimum of 48 hours prior to dispatching the package by courier.

U.S. Department of State Overseas Buildings Operations

Attn: Contracting Officer’s Representative 1701 N. Fort Myer Drive

Arlington, VA 22209

Alternatively, GSA Schedule 48, Commercial Delivery Carriers, may be used in accordance with NISPOM 5-403-e, and ISL 2006-02, para 18. Currently, the carriers on that list include:

DHL (Astar Air Cargo) - Same Day Service FedEx - Same Day Service, First Overnight, Priority Overnight or Standard Overnight Airnet Systems - Mission Critical or Same Day Service United Parcel Service - UPS Next Day Air Early, Next Day Air, or Next Day Air Saver UPS Supply Chain Solutions - Constant Surveillance Service

Classified packages to be delivered via commercial delivery carrier listed above should be addressed as follows:

U.S. Department of State Office of Logistics Management A/LM/AQM/FDCD - Room 400

Attn: Contracting Officer 1735 N. Lynn Street

Arlington, VA 22209

Unclassified packages sent via U.S. mail, registered or certified mail, shall be addressed as follows:

U.S. Department of State Office of Logistics Management A/LM/AQM/FDCD- Room 400

Attn: Contracting Officer P.O. Box 9115, Rosslyn Station

Arlington, VA 22219

(Intended OBO recipient name(s) should appear only on inner envelope)

NOTE: Classified information cannot be sent via this method.

Unclassified packages sent via courier service and U.S. Postal Service Overnight Express shall be addressed as follows:

U.S. Department of State Office of Logistics Management A/LM/AQM/FDCD - Room 400

Attn: Contracting Officer 1735 N. Lynn Street

Arlington, VA 22209

NOTE: Classified information cannot be sent via this method.

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF DOCUMENTS AND DRAWINGS

Separate packaging of electronic media and hard-copy material. The prime contractor, and any associated sub-contractors, will package all paper documents and drawings separately from electronic media, regardless of its classification. Specifically, electronic media (such as CDs) will be transported in electronic media packages that contain no other hard copies of any kind, beyond that of transfer/receipt documentation. Paper drawings and documents will be packaged separately.

Double-wrapping and addressing of packages. For all shipping methods, the prime contractor and any associ-ated subcontractors will ensure that all project documentation, regardless of classification, is double-wrapped with both layers addressed properly and labeled with the sender’s address. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes. No indication of the classifica-tion or sensitivity should appear on the outer wrapper. Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

Packaging heavy materials in appropriate containers. In applying the above double-wrapping and addressing procedures, items sent via U.S. mail or commercial carrier weighing more than one pound, shall be double-wrapped in accordance with Section D, and then the package shall be enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap. Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

F-008 TIME OF PERFORMANCE

Work schedules, including work days and hours, will be determined at the task order level. In cases where services may be performed at a USG facility with restricted or limited access (e.g., U.S. Embassy), work schedules must fall within the normal working days/hours of the facility.

Any other schedules, if permitted, must receive the approval of the COR and must comply with all applicable access and security requirements of the facility.

(end of clause)

02INV OFFICE OF OVERSEAS BUILDING OPERATIONS INVOICE INSTRUCTIONS

Instructions for invoice payment:

You may submit invoices by either fax or email to the following:

1) FAX invoices to 877-437-9857, or

2) EMAIL invoices to OBOInvoices@state.gov

For exceptionally large invoices, you may ship invoices via courier (e.g., FEDEX, DHL, UPS) to:

U.S. Department of State

OBO/RM/FM SA-6

Attn: Division Chief, Fiscal Operations 1701 N. Ft Myer Dr Arlington, VA 22209

Phone: 703-875-5182 or 703-875-5724

(Please note the courier address above is not a valid USPS delivery address and mail sent via USPS will likely be returned as undeliverable.)

Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. To constitute a proper invoice, the invoice must include the following information and/or at-tached documentation:

(1) Name and address of the contractor

(2) Date of invoice

(3) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe)," (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(4) Remittance Contact Information

(5) Shipping Terms, Ship to Address

(6) Payment Terms

(7) Total Quantity of items, Total Invoice Amount

(8) DOS Order CLIN

(9) Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item

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

(11) Individual Line Item Quantity, Price, and Extended Amount (end of clause)

G-001 ORDERING PROCEDURES

(a) In accordance with FAR 52.216-18 "ORDERING," all Office of Acquisitions Management contracting of-fices (falling under A/LM/AQM) are granted ordering authority under the contract, and may place task orders for the maintenance of sprinkler systems as authorized under the contract. This delegation includes full author-ity to award and administer task orders issued by the respective ordering offices.

All authority to change or modify the basic contract remains with the Procuring Contract Office, currently A/

LM/AQM/FDCD.

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) An identification of the Contracting Officer and Contracting Officer's Representat-ive applicable to the order;

(9) Personnel security clearance requirements applicable to the order, if any;

(10) Notification whether the task order will involve classified information, and whether the task is for a specific HUMINT threat post with additional security requirements.;

and

(9) Any other pertinent information.

(c) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 "ORDERING."

(end of clause)

1.7 INSURANCE REQUIREMENTS

In accordance with FAR 52.228-5 "INSURANCE--WORK ON A GOVERNMENT INSTALLATION," the Contractor shall, at no additional expense to this contract, provide and maintain, in addition to any other insur-ance coverage required elsewhere in this contract, the following types of insurance in the amounts specified.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing, that at least the kinds and minimum amounts of insurance required below have been obtained.

(a) Workers' Compensation and Employer's Liability--The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability--The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form policy of at least $500,000 per occurrence.

(c) Automobile Liability--The Contractor shall provide automobile liability insurance written on the compre-hensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles op-erated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability--When aircraft are used in connection with performing the contract, the Contractor shall provide aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability--When contract performance involves use of vessels, the Contractor shall provide vessel collision liability and protection and indemnity liability insurance.

(end of clause)

1.8 CONTRACTOR IDENTIFICATION

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

(1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.

“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

(2) Clearly identify themselves and their contractor affiliation in meetings;

(3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

(4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(end of clause)

1.9 KEY PERSONNEL

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

POSITION NAME

IDIQ MANAGER

The IDIQ Manager will be the individual bearing primary responsibility for personnel, reporting, and other management related requirements of the contract.

The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Ac-cordingly, 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 Con-tractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

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 secur-ity 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 Con-tractor is maintaining the same high quality of personnel that provided the partial basis for award.

The Contractor may be required to provide key personnel for individual task orders, depending on the specific services to be provided under the task order. In such cases, the Request for a Task Order Proposal (RFTOP) will identify the key personnel, as well as any special considerations or conditions that may apply to the key personnel assigned to the task order by the Contractor.

(end of clause)

1.10 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall 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 per-formance 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 shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall 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.

(end of clause)

1.11 NONPAYMENT FOR UNAUTHORIZED WORK

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 re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H.1 Contractor Personnel Clearance Requirements

Each task order shall specify the level of personnel security clearances to be provided by the contractor, and will identify those tasks to be performed at specific HUMINT threat posts.

H.2 OWNERSHIP

All documents delivered to the Government as the result of this contract are the property of the Government and for the use of the Government, as it deems appropriate. Government ownership, acceptance, or use as intended by this contract does not in any way relieve the contractor of responsibility for the design, biddability, or con-structability of the documented design or for the services rendered.

All documents are to be controlled and disseminated on a strict need#to#know basis. Reproduction is prohib-ited without express written approval of the U.S. Government. All design and construction documents gener-ated shall be annotated as follows:

WARNING

This document is the property of the United States Government. Further reproduction and/or distribution are prohibited without the express written approval of:

Department of State Overseas Buildings Operations

Arlington, VA 22209

H.3 RELEASE OF INFORMATION

All data furnished to the contractor and data developed in connection with any project shall be considered priv-ileged. Public announcements, including news releases, and any images or narrative to be posted to company websites, shall be approved in advance by the Contracting Officer, and in accordance with the DD Form 254.

H.10 DIPLOMATIC SECURITY REQUIREMENTS FOR CLEARANCES AND HANDLING CLASSIFIED MATERIAL, SBU, AND UNCLASSIFIED PROJECT INFORMATION

The contractor shall include the substance of Sections/Paragraphs H.5 and H.10-H.13 in all classified subcon-tracts.

The substance of Sections/Paragraphs H.5, H.10.1.2, H.10.2.2, H.10.4, H.10.7, H.10.8-14, and H.11-13, shall be included in ALL subcontracts, including those with uncleared firms.

H.10.1 General

This contract includes security provisions which require a DD Form 254, Contract Security Classification Spe-cification, issued by the Bureau of Diplomatic Security, DS/IS/IND. Issuance of the DD Form 254 is contin-gent on the contractor’s maintaining a Defense Security Service (DSS) Top Secret facility clearance. Facility clearance must be maintained throughout the contract. Invalidation or loss of facility clearance may result in termination of the contract for default. Personnel requiring access to classified information at the contractor’s domestic facility, or at DoS domestic facilities, such as for meetings at SA-6 wherein classified shall be dis-cussed, shall possess Secret personnel security clearances issued by Defense Security Service (DSS). All per-sonnel involved in the procurement process of CAA materials (specifically, all coordination with potential vendors, choice of vendor, issuance of orders, and coordination of deliveries to the Consolidated Receiving Point (CRP) – but not including take-offs or listing of items shown on unclassified and SBU drawings of the CAA) MUST possess a Secret personnel security clearance. Contractor personnel traveling to overseas DoS locations to perform tasks in CAA, or spaces contiguous to CAA or core, shall have possess either the Secret or Top Secret clearances, as identified in the individual task order and/or CSP (Construction Security Plan), veri-fied by Diplomatic Security (DS).

H.10.1.1 Safeguarding and Processing Classified Information

The Contractor shall obtain and maintain a DSS approved safe for the storage of documents classified up to the Secret level. Written approval from DSS for processing of classified on Information Systems (IS) must be ob-tained and forwarded to DS/IS/IND prior to any generation or processing of classified information on computer/ CADD systems by any prime or subcontractor. The DD Form 254 will reflect both safeguarding and IS approv-al status. DS/IS/IND shall be notified immediately by contractor of change in either status.

H.10.1.2 DoS Information-Disposal/Destruction Plan

The Contractor shall develop a waste paper disposal/destruction plan for all paper documents and drawings re-lated to this contact/tasks orders received and generated at the Contractor’s facility. Waste paper includes any project documentation related to working papers, delivery schedules, official correspondence, project schedules, any drawings regardless of sensitivity, and all other contract related paper. All paper produced at the Contract-or’s facility shall be collected separately from refuse, garbage and material, and disposed of in accordance with the Contractor’s plan. Contractor shall provide appropriate means of disposal of up to Sensitive But Unclassi-fied information. Classified will either be destroyed or returned to the CO. All paper waste must be destroyed by cross-cut shredder, burned beyond reconstruction, or disintegrated. Project related waste paper must not be put into commercial trash containers for removal from facility.

H.10.2 Visit Authorization Requests and Country Clearance Requests

H.10.2.1 The prime contractor and all cleared subcontractors will submit a Visit Authorization Request (VAR) for all cleared personnel performing on the contract domestically, or overseas, or as otherwise requested by the U.S. Government. The VAR must be submitted to the Bureau of Diplomatic Security, DS/IS/IND, via facsimile at (571) 345-3000 or via e-mail to DSINDOBOVARS@state.gov. A copy of the JCAVS Person Summary must be attached to the visit request. DS/IS/IND is the only authorized recipient of the JCAVS Person Sum-maries at DoS. DS/IS/IND is the only authorized recipient of JCAVS Person Summaries at DoS

H.10.2.2 The Contractor must submit a Country Clearance Request (CCR) to the COR/Task Manager for all

Contractor employees (cleared and uncleared) prior to deployment to any overseas DoS location. The Contract-or shall submit CCRs in the format required by the COR and DS/IS/IND. Submission of specified form will result in official certification of the contractor personnel security clearance level, including uncleared status, to the Regional Security Office (RSO) of Posts to be visited. CCRs shall be submitted to the COR at least 14 busi-ness days prior to the contractor’s departure for post/site.

H.10.3 DD Form 254 for Subcontractors

The prime contractor must request a DD Form 254 for all subcontractors, or prospective subcontractors, whose employees require access to classified information domestically or at overseas locations, or whose employees will require any access to CAA spaces at overseas locations. Requests for DD Forms 254 must be forwarded to via e-mail to the DS_IND_OBOTeam@state.gov prior to Subcontractor (or prospective subcontractor) access to any classified information or deployment to the site. DD Forms 254 issued by DS/IS/IND will be forwarded to the prime contractor for distribution to subcontractors. Contractors are not authorized to issue their own sub-contractor DD Forms 254.

H.10.4 Protection of Classified, SBU, and Unclassified Information

The contractor and all subcontractors must comply with all Department of State (DOS) and Defense Security Service (DSS) requirements relating to the protection of classified, Sensitive But Unclassified (SBU), and un-classified project information and cooperate fully in all security matters that may arise relating to this contract.

The loss, compromise, or suspected compromise or loss of any classified information (documents, notes, draw-ings, sketches, surveys, reports, exposed film, negatives, or photographs) or ANY project information which may adversely affect the security interests of the United States, must be immediately brought to the attention of the Contracting Officer (CO), Contracting Officer’s Representative (COR) and DS/IS/IND.

H.10.9 Photographs

Photographs of any diplomatic overseas building or facility must be authorized in advance by the RSO (and ap-proved by the COR), who will establish any controls, limits, and/or restrictions as necessary. Film depicting any Controlled Access Area and/or sensitive equipment must be developed in a U.S. controlled environment by appropriately cleared personnel. The contractor shall submit all CAA photographs taken by digital cameras and stored on electronic media to the RSO or COR for review. Written approval for removal from the site must be obtained by the Government reviewer. Any photographs or storage media (memory cards) determined to be classified shall be turned over to the RSO to forward via classified Diplomatic Pouch. No further dissemina-tion, publication, duplication, or other use beyond that which was requested and approved is authorized without specific, advance approval from DS. DS reserves the right to demand retention of all copies of said photo-graphs and/or negatives, following fulfillment of the previously authorized usage.

Photographs to be published on company websites or any other public medium must be sent to the Contracting Officer for review by OBO and DS prior to any posting or release.

H.10.10 Standards of Conduct and Removal of Individual Contractor Employees for Cause

Contractor personnel assigned to the contract shall observe high standards of conduct, Departmental regula-tions, and any special standards of conduct promulgated by the local embassy/post to govern U.S. Government personnel. Non-adherence to the provisions of the above may subject contractor personnel to removal at the contractor’s expense.

A determination to remove a Contractor employee from site, or from contract performance at a domestic facil-ity, due to misconduct or unsuitability may involve, but is not limited to, the following types of misconduct or delinquency that may be documented by the COR, RSO, or domestically by DS/IS/IND:

- Notoriously disgraceful conduct, to include the frequenting of prostitutes, engaging in public or promis-cuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another or to create the impression of gaining or giving an improper favor.

- Failure to report notoriously disgraceful conduct and/or non-compliance of other employees (DoS, con-tractor or foreign national) in accordance with existing Post and Department of State policies and regulations.

- Neglect of duty, unsatisfactory performance, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance/cooperate in upholding the integ-rity of the objectives of this contract.

- Falsification or unlawful concealment, removal, mutilation or destruction of any document or record, or concealment of material facts by willful omissions from documents or records. Improper use of credentials, badges or official papers.

- Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Participation in disruptive activities that interfere with the normal efficient operations of the works-ite.

- Theft, vandalism, immoral conduct, or any other criminal action under U.S. or host country law.

- Selling, consuming or being under the influence of drugs, or other illegal substances that produce similar effects.

- Abuse of alcohol.

- Any evidence that would indicate that the individual is guilty of security violations including black mar-ket dealings, currency manipulation, violations of the post contact policy regarding criteria country nationals, espionage or treason.

- Noncompliance with site/post security and reporting policies.

H.10.8 Security Classification Guide

All documents, such as blueprints, drawings, sketches, notes, surveys, reports, photographs, exposed film, neg-atives, specifications, scopes of work, lists of Government Furnished Equipment and any other material re-ceived or generated in conjunction with this contract, shall be classified, marked and handled in accordance with the Security Classification Guide (SCG) for Design and Construction of Overseas Facilities dated May 21, 2003 (see Section J), which identifies the specific types of information associated with diplomatic construction projects, and the level of classification for such information.

All documents associated with this project must be protected, transmitted, carried and stored in accordance with the contract, SCG and the NISPOM at all times. Additionally, all classified, sensitive but unclassified, and un-classified, proposed and actual, construction documents will be marked with a prohibition against duplication or dissemination without prior approval from the COR. The contractor, and any associated subcontractors, will create a chain of custody and maintain a chain of custody log for each transport or dissemination of SBU mater-ials, whether they are transported domestically or overseas. The chain of custody log shall be available for re-view by OBO upon demand.

The contractor shall, in accordance with the SCG and this contract, ensure proper classification, handling and transmission of all project documentation. The contractor shall be responsible for bearing any costs resulting from errors determined by Contracting Officer to be the fault of contractor mishandling, misclassification or im-proper transmission of classified material.

H.10.11 Assignment of Non-U.S. Citizens

American prime contractors and American subcontractors that desire to assign non-U.S. citizens to any portion of this contract must obtain the prior approval of the Bureau of Diplomatic Security, DS/IS/IND, in writing.

Contractor must provide non-U.S. citizen personal information to include full name, date and place of birth, country of citizenship, country where passport is issued, passport number, date of issue and expiration and de-scription of services to be provided.

Citizens of countries listed below may not be assigned to perform on this contract in any capacity. DoS re-serves the right, in its sole discretion, to determine suitability of contractor personnel to work on design, con-struction and other diplomatic facilities contracts.

• Belarus

• Cuba

• Iran

• North Korea

• Peoples Republic of China

• Russia

• Venezuela

• Vietnam

Foreign Subcontractors

Contractor selection of host and third country national subcontractors must be approved by DOS in advance of their final selection. Information concerning potential foreign subcontractors must be submitted to the OBO COR/Task Manager, for appropriate security review, prior to provision of any task/contract information.

Required Information: Potential foreign subcontractors will be required to furnish (via the prime contractor) the following information:

Complete names, nationality, date and place of birth, citizenship and position/title (if appropriate) of:

all individuals having ownership of the firm;

all key officers of the firm;

all key officers who will work on this project;

Complete business address and telephone number;

A listing of all major projects in which the firm was involved during the past 3 years;

A listing of all projects involving the firm outside of the country in which the firm is based, for the past 5 years.

Contractor's base country and base country identification number, if any.

Non-US firms owned or operated by firms or citizens on the Prohibited Countries List, will not be approved for use in any capacity on OBO projects. US-based firms, branch offices, or subsidiaries, which are owned by firms or citizens listed in H.10.11, will not be approved for use in any capacity on OBO projects.

H.10.17 Security Briefings

All U.S. citizens possessing a security clearance will be required to attend contractor-provided security briefings regarding policies and procedures for the protection of classified, SBU and unclassified information, and the contractual security requirements contained in Sections H.5, and H.10- H.13. Contractor shall maintain a copy of signed briefing acknowledgements for each employee performing on the contract. Uncleared contractors performing on the project in any capacity shall be briefed by the FSO on SBU and unclassified information handling and other applicable security requirements of the contract.

Upon arrival at an overseas Post, all American personnel will be afforded the opportunity to attend initial and subsequent periodic security briefings by the responsible Regional Security Officer (RSO) or designee. All per-sonnel must attend a debriefing by the SSM, RSO, or designee. Additional debriefing may be requested by Diplomatic Security, either at post prior to departure and/or at the contractor's location.

H.10.18 Special Reporting Requirements

The following reporting requirements are applicable to all cleared contractors. The reporting requirements are summarized below. Contractor Facility Security Officers are required to brief these requirements to their cleared contractors in conjunction with contract section above.

Personal (unofficial) travel outside of the US

Cleared contractor personnel must report all unofficial travel to their Facility Security Officer (FSO) one week prior to departure. The FSO will inform DS/IS/IND. DS/IS/IND will arrange appropriate travel briefing/de-briefing when the itinerary includes transit through or visit to a Prohibited Countries List country.

Suspicious Contact Reports (SCRs)

Any contact with host or third country nationals that seems suspicious (such as undue curiosity as to the purpose of presence in country, requests for information regarding the project or project personnel), or attempts to estab-lish suspicious recurring contact beyond routine professional or personal services, shall be reported immediately to the RSO and to the Facility Security Officer (FSO) upon return to the U.S. Reporting of suspicious contacts at post requires filing a DS-1887 form, which can be obtained from the RSO. When completed, the form should be returned to the RSO for any necessary investigative action and for submission to DS/CI. Additionally, the company FSO shall submit a Suspicious Contact Report to the Defense Security Service Industrial Security Representative (in accordance with the NIPSOM) and DS/IS/IND.

Foreign Contact Reporting

All contractors must adhere to the foreign contact reporting requirements specific to each post/site, as briefed by the RSO, which may include all unofficial contact with nationals from the Prohibited Countries List, the report-ing of close and continuing social contact with foreign nationals, co-habitation with foreign nationals, and non-project related personal business and/or financial relationships with any foreign nationals. Reporting of foreign contacts requires filing a DS-1887 form, which can be obtained from the RSO. When completed, the form should be returned to the RSO for any necessary investigative action and for submission to Diplomatic Secur-ity’s CounterIntelligence Division (DS/CI). If investigative action results in information of which the contract-or should be aware, the reporting contractor will be briefed by RSO. Domestically, cleared contractors having close and continuing social contact with foreign nationals, co-habitation with foreign nationals, and non-project related personal business and/or financial relationships with any foreign nationals must report, through the FSO, these contacts to DS/IS/IND.

Reporting Marriage, Intent to Marry, Cohabitation or Other Continuing Bonds of Affection with Foreign Na-tionals

Cleared contractor personnel working on DoS contracts must report marriage, impending marriage, cohabitation and other continuing bonds of affection with foreign nationals to their FSO and DS/IS/IND. The appropriate forms and counseling statement will be provided by their FSO for submission to DS/IS/IND.

Reporting Adverse Financial Situation and Certain Arrests

Cleared contractor personnel working on DoS contracts must report to DS/IS/IND, through their FSO, wage garnishments, credit judgments, repossessions, tax liens, bankruptcies, and/or intentions to file for bankruptcy.

Cleared contractors must also report adverse involvement with law enforcement agencies to include: Arrests, other than minor traffic violations, for which a fine or forfeiture of $150 or more was imposed; or arrests for “driving under the influence” or “driving while intoxicated.” Arrests must be reported in a timely fashion (i.e., within 72 hours). Reporting must not be delayed pending the conclusion of any judicial action. Contractors ar-rested or detained overseas for reasons listed above must report to RSO and DS/IS/IND.

Dual Citizenship

Cleared contractors contemplating applying for citizenship with a foreign country must report this fact to their Contracting Officer’s Representative (COR) and DS/IS/IND when any act is initiated in furtherance of obtain-ing foreign citizenship.

H.13 SAFEGUARDING OF INFORMATION

The contractor shall include the substance of this provision in all subcontracts.

The contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their per-formance of services under this contract which has not been made public, except to the extent necessary to per-form their required duties in the performance of the contract requirements or as provided by written authoriza-tion of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this con-tract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall 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 termina-tion of this contract or at any other point in time.

The contractor shall notify the Contracting Officer if any legal dispute arises between the contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal dis-putes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract.

The contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of "Classified" or "Sensitive but Unclassified" information for which the contractor or a subcon-tractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemni-fy the government for any expense that the government incurs as a result of the release or use of "Classified" or "Sensitive but Unclassified" information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of "Classified" or "Sensitive but Unclassified" information in legal disputes and/or costs which result from mitigation of the release of "Classified" or "Sensitive but Unclassified" information. This indemnity agreement made herein by the contractor includes all disputes with, between, and among the contractor and any party and the contractor's sub-contractor's, to the lowest tier and any party. This agreement by the contractor to fully indemnify the government shall not cease upon the expiration or termina-tion of this contract.

H.10.16 Prohibition against Discussion of Project Off-Site

Avoid discussing mission and post activities while not on post, to include in hotel rooms, restaurants and all other public places. Eavesdroppers can pick up small pieces of information from conversations and add to other information to get a clearer picture of our operations, missions and vulnerabilities at post.

H.10.15 Prohibition against Hand-carry of Classified Overseas

Contractors are not authorized to hand-carry classified material overseas. Project related classified material that will be required on the site must be delivered to COR for transmission to site by Diplomatic Pouch or author-ized DoS courier. All materials given to the COR for transmission via pouch must be appropriately marked with appropriate classification markings (unclassified, SBU, SBU/NOFORN, Confidential or Secret), government warnings against reproduction and distribution and bear the proper name of the site/project. Unmarked submit-tals shall be returned to the prime for classification and marking prior to pouching. Project related classified ma-terial generated while at overseas sites must be delivered to the RSO for transmission to DoS by classified Dip-lomatic pouch or authorized DoS courier. Secure fax can be utilized when coordinated with RSO/COR.

All project related classified working papers and waste generated while overseas shall be retained for secure storage, disposal or diplomatic pouch transmission by RSO. Only SBU and unclassified project documentation may be hand-carried back to contractor facility for storage/disposal. Contractor shall maintain positive, personal control over documentation at all times.

All project related working papers and drawings shall be reviewed by the RSO or designated contractor docu-ment security manager one (1) day prior to departure, to ensure that classified material has not been generated and is not hand-carried back to contractor facility.

H.10.14 Electronic Equipment to Post

The RSO may require a briefing acknowledgement to be signed prior to approval to handcarry laptops or elec-tronic media off the post for any reason. Any SBU taken off the post must remain in the physical possession of the carrier at all times. Any loss or compromise of electronic media containing project information must be re-ported to the RSO and DS/IS/IND immediately.

The RSO shall be informed of equipment to be taken to post when travel itineraries are submitted to ensure that electronic country clearance requests identify these items to post prior to arrival. No equipment shall be de-livered to Post without prior approval by the RSO in writing.

When it is deemed necessary to take personal or contractor-owned laptops, Personal Digital Assistants (PDAs), smart phones (such as BlackBerrys), cell phones, digital cameras or any other electronic processing media over-seas to process or store any OBO project information (on or off the site), the following guidelines must be ad-hered to:

Electronic processing and storage media must be encrypted utilizing any product on…