W911SR-24-R-0001 PASS Draft Solicitation Updated.pdf

CUI

REQUEST FOR PROPOSALS (RFP)

SOLICITATION NUMBER W911SR-24-R-0001

TITLE: PROGRAM AND STAFF SUPPORT (PASS)

1. This is a “DRAFT” Request for Proposals. No proposal is required, and no work is to be performed. A formal RFP will be released at a later date.

2. The Government shall not be providing responses to any offerors submitting a Draft Proposal in response to this Draft RFP.

a. All Offerors that submit a response shall receive a confirmation of receipt from the Government

3. The purpose of this draft solicitation are as follows: 1) to gauge interest on this requirement; 2) Field questions to see how well industry understands the Government requirement; and 3) how the Government can use the questions/feedback to improve upon the formal solicitation that will be coming forward.

4. Offerors may submit questions about the Draft RFP to the Contracting Officer and Contract Specialist listed below (both must be copied). However, questions must be submitted in the timeframe listed in the Draft RFP and in accordance with the instructions listed in the Draft RFP, the Government shall not be providing responses.

a. The questions shall be taken into consideration for the release of the Formal RFP at a later date.

b. Comments and questions shall be submitted by 5:00 PM Eastern Standard Time on 27 September 2024.

5. This requirement will be 100% Total Small Business Set-Aside.

Mr. Nicholas Granata Jr.

Contracting Officer

Email: nicholas.granata.civ@army.mil

And

Sammy B. Solo Contract Specialist

Email: sammy.b.solo.civ@army.mil

Controlled By: Army Controlled By: ACC-APG CUI Category: Source Selection Distribution/Limited Dissemination Control: FEDCON POC: Nicholas Granata Jr.

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

A.1. The U.S. Army Combat Capabilities Development Command (DEVCOM) Chemical Biological Center (CBC), subsequently referred to as DEVCOM CBC or the Center, is currently a subordinate activity of the U.S. Army Futures Command (AFC). The center is primarily responsible for the conduct and management of research, development, and life-cycle engineering support of defensive systems.

The Center’s mission is to develop, integrate, sustain, and dispose of decisive technology-enabled capabilities. The Center, along with other Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) defense Organizations, will be serviced by this contract. The Center has lead responsibility for monitoring work performed under this contract. Mission focused requirements include: (1) Developing materials and technologies for the future;

(2) Transitioning technology out of the laboratories and into the hands of the warfighter and customers in the shortest time possible; (3) Completing systems engineering, assessment and analysis; and (4) Providing life-cycle engineering services to development and sustainment efforts.

A.2. The Government anticipates this solicitation will result in the single-award Indefinite Delivery/Indefinite Quantity (IDIQ) for the requirements listed within this solicitation. This will be a 100% Total Small Business Set- Aside. The Government intends to use Best Value-Trade Offs for the task/delivery orders. The Government anticipates the majority of task/delivery orders will be issued under Cost-type contracting approaches. It is also anticipated that Fixed Price type contracting approaches will be required.

A.3. It is anticipated that the IDIQ contract resulting from this solicitation will have a 60 month ordering period. The period of performance (PoP) will be specified in each issued Task Order. No task orders will extend past six months after the end of the ordering period. Upon execution of this contract, one executable Task Order will be issued under this IDIQ contract.

A.4. The anticipated total ceiling value for this IDIQ requirement is TDB. This encompasses all task orders issued under the IDIQ, as well as any task order modifications issued thereafter that affect the total price of the order. The guaranteed minimum award under this IDIQ contract is $2,500.00.

A.5. All questions regarding this solicitation shall be submitted to both Government Point of Contact in writing to the email addresses listed below by 5:00 p.m., Eastern Daylight Time (EDT) on 27 September 2024. Questions should be submitted using the attached Excel spreadsheet labeled “Solicitation Questions Template.” Telephonic inquiries will not receive a response.

A.6. All proposals from responsible sources will be fully considered. Offerors that are not registered in the System for Award Management (SAM) database at the time of proposal submission will not be considered. Offerors may register with SAM online at the following website: www.sam.gov .

A.7. All proposals must be signed, dated, and submitted to both Government Point of Contact email addresses listed below no later than 5:00 p.m. EDT on 27 September 2024, per instructions listed in Section L of this solicitation.

A.8. Any attachments, exhibits, or other supplemental information will be uploaded to SAM.gov. It is the responsibility of any interested party to maintain access to this site and monitor it regularly for any updates to this announcement.

A.9. Government points of contact:

Nicholas Granata Jr.

Contracting Officer ACC-APG Edgewood Contracting Division nicholas.granata.civ@army.mil

Sammy B. Solo Contract Specialist ACC-APG Edgewood Contracting Division sammy.b.solo.civ@army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

PASS Services/Tasks CPFF

CPFF

The Contractor, as an independent contractor and not as an agent of the Government, shall furnish the necessary resources (except those specifically designated as Government-furnished) to perform the work, as detailed in the Performance Work Statement (PWS) which is incorporated in Section C of this Solicitation. The ordering period for this CLIN is 60 months from the date of contract award.

FOB: Destination

PSC CD: R408

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

PASS Services/Tasks (FFP)

FFP

The Contractor, as an independent contractor and not as an agent of the Government, shall furnish the necessary resources (except those specifically designated as Government-furnished) to perform the work, as detailed in the Performance Work Statement (PWS) which is incorporated in Section C of this Solicitation. The ordering period for this CLIN is 60 months from the date of contract award.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

Travel, Materials and ODCs (COST)

COST

Travel, Materials, and ODCs and their resulting indirect expenses shall be billed on a cost-reimbursable basis and are not fee-bearing.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

Contract Data Requirements Lists (CDRL)

FFP

The Contractor shall complete data requirements IAW the PWS and associated Contract Data Requirements List (CDRL) Exhibits, listed in Section J.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Service Contract Reporting

FFP

The Contractor shall complete Service Contract Reporting (SCR) requirements in the System for Award Management (SAM).

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See attached Performance Work Statement (PWS) for Base IDIQ and Task Order for details.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (NOV 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-65 F.O.B. Origin, Prepaid Freight--Small Package Shipments JAN 1991

Section G - Contract Administration Data

252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

NOTE: THIS CLAUSE TO BE FILLED IN AT CONTRACT AWARD

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

INVOICING FOR RATES

INVOICING FOR RATES THAT DEVIATE FROM PROPOSED RATES

1. If in any performance period, the Contractor is projecting a cost overrun greater than 5% of the proposed estimated cost for that period which is determined to not be a result of Government direction, and not attributable to Forward Pricing Rate Agreement (FPRA) changes, this may trigger a Show Cause or Termination for Default subject to the Contracting Officers discretion. Note: Contractors proposing at current FPRA rates and invoicing at current Provisional Billing rates will not trigger a Show Cause or Termination for Default.

2. If in performance of the award, the Contractor incurs a cost overrun of greater than the contract value and less than 5% during that Contract Performance Assessment Reporting System (CPARS) evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive a MARGINAL rating for that periods CPARs “Cost Control” element. The greater than the contract value and less than 5% overrun will also affect CPARs ratings for “Management,” and may affect “Schedule” and “Quality.”

3. If in performance of the award, the Contractor incurs a cost overrun greater than 5% during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive an UNSATISFACTORY rating for that periods CPARs “Cost Control” element. The greater than 5% overrun will also affect CPARs ratings for “Management,” and may affect “Schedule” and “Quality.”

4. In regard to cost overruns and estimated costs mentioned in paragraphs 1-3 above, the Government will be comparing proposal costs (specifically direct rates) to actual costs of work performed. Contractors are cautioned that costs should be directly proportional to hours expended, and if in excess may be considered a cost overrun by the Government.

5. To track invoiced hourly rates, the contractor shall attach a filled out “Invoice Template” with a format specified by the Contracting Officer to every invoice.

TASK ORDER LABOR COST PLUS FIXED FEE CALCULATION

1. Incorporating Proposed Cost & Fixed Fee of Labor Rates: “Proposed Cost per Hour” from the Contractor’s submitted cost proposal, which includes all direct costs, indirect costs, and cost of money of every labor category are hereby incorporated into the contract as follows:

Labor Category Title Contract Cost per Hour Rates

Contract Program Manager <Rate>

Contract Site Supervisor <Rate>

Contract Administrative Specialist <Rate>

Contract Accounting Technician <Rate>

Senior Communication Specialist <Rate>

Communication Specialist <Rate>

Photographer/Videographer <Rate>

Graphic Designer <Rate>

Congressional Affairs Advisor <Rate>

Senior Technology Transfer Specialist <Rate>

Junior Technology Transfer Specialist <Rate>

Senior Business Development Analyst <Rate>

Acquisition Specialist - Midlevel <Rate>

Acquisition specialist - Senior Level <Rate>

Cost Analyst - Junior Level <Rate>

Cost Analyst - Senior Level <Rate>

Decision Analysis Analyst - Junior Level <Rate>

Decision Analysis Analyst- Senior Level <Rate>

Financial Analyst - Junior Level <Rate>

Financial Analyst - Senior Level <Rate>

GFEBS Senior Consultant <Rate>

Program Analyst - Junior Level <Rate>

Program Analyst - Senior Level <Rate>

Emergency Coordinator (Emergency Management) <Rate>

Risk Communications Specialist (Safety and Risk Management Support) <Rate>

Administrative Specialist (Safety and Risk Management Support) <Rate>

SOP Coordinator (Safety, Surety, Health, Security, and Environmental Planning, Audits, and Inspections) <Rate>

Radiation Specialist (Safety, Surety, Health, Security, and Environmental Planning, Audits, and Inspections) <Rate>

Engineering Controls Certification Specialist (Hazardous Work Protection) <Rate>

Explosives Safety Specialist (Hazardous Work Protection) <Rate>

Senior Operations Analyst <Rate>

Operations Specialist <Rate>

Security Specialist <Rate>

Technical Writer <Rate>

Travel and Timekeeping Clerk <Rate>

2. Escalation of Contracted Rates: Orders will be placed with “Contract Cost per Hour Rates” escalated as follows based on the date an order is placed, which will be escalated at 5% annually within the task order: For example, an order placed 6 months into the IDIQ (i.e. during Contract Year 1), will use an escalation factor of 1.0000 for 12 months after the order is placed (18 months into the IDIQ).

1st day of Period of Performance up to 1 Year Escalation

Factor Order Placed From Order Placed To

Contract Year 1 IDIQ Award Date <Insert Date> 1.0000

Contract Year 2 <Insert Date> <Insert Date> 1.0500

Contract Year 3 <Insert Date> <Insert Date> 1.1025

Contract Year 4 <Insert Date> <Insert Date> 1.1576

Contract Year 5 <Insert Date> <Insert Date> 1.2155

3. Estimated Cost: The estimated labor cost of an order will be the sum-product of hours of each labor category and labor categories’ respective Contract Cost per Hour Rate, with rates escalated at 5% annually for any order with a period of performance greater than one year.

4. Fixed Fee: The awarded fixed fee of an order will be the estimated cost (ordered hours multiplied by respective “Contract Cost per Hour Rates”) multiplied by <percentage>.

5. Contract Cost per Hour Rates, Updates: Regardless of updated cost or pricing information during performance

(e.g. fringe rates go up or down during the IDIQ), “Contract Cost per Hour Rates” will not be updated for purposes of placing orders (i.e. arriving at estimated costs and fixed fee dollar amounts).

6. Labor categories that do not perfectly fit any labor category as defined in the solicitation shall be accounted as whichever existing labor category is the best fit (i.e. using the “Contract Cost per Hour Rate” of the closest described labor category). New labor categories with new rates shall not be added regardless of any differentiating work location, noun, adjective or verb used to describe the personnel and/or what they do.

7. Invoiced Rates: While “Contract Cost per Hour Rates” may be described as fixed in terms of estimated cost per hour for purposes of placing orders, the Contractor shall invoice actual rates.

STREAMLINED PRICING OF ORDERS

1. Unilateral Orders: The Contracting Officer may place a unilateral order for Government specified labor categories and hours, with the estimated cost and fixed fee for labor calculated as described in Task Order Labor Cost Plus Fixed Fee Calculation and Travel, Materials, and ODC funding estimated by the Government.

2. Bilateral Cost Reimbursable Orders: To streamline task order pricing, bilaterally placed orders will be based on an agreed-to Travel, Materials, and ODC budget; and an agreed-to schedule of labor hours to be required by labor category with the estimated cost and fixed fee for labor calculated as described in Task Order Labor Cost Plus Fixed Fee Calculation.

3. Fixed Price Orders: For stable, easy-to-estimate requirements, the Contracting Officer may agree to a Firm

Fixed Price order, with the price arrived at as described in Bilateral Cost Reimbursable Orders plus 5% of estimated cost (in addition to the fixed fee percentage).

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 Worldwide Web Restrictions.

H.1.1 The Contractor shall obtain the Contracting Officer’s permission before posting any information to the Internet (worldwide web). The Contractor shall not violate any data or technology export control acts or statutes if information is posted to the Internet after receipt of the Government approval to post.

H.2 Release of Information.

H.2.1The Contractor shall receive the Procuring Contracting Officer’s approval before making a public release of any information, which includes but is not limited to the following: data, documentation, webpages, manuals, press releases, announcements, software, shareware, or test reports. The Contractor shall require all subcontractors to meet the same criteria regarding release of information.

H.3 Government – Contractor Relationships.

H.3.1 The Government and contractor understand and agree that the support services to be delivered under this contract by the Contractor are non-personal services and the parties recognize and agree that no employer-employee relationships exist or will exist under the contract between the Government and the Contractor and between the Government and the Contractor employees. It is, therefore, in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

H.3.1.1 Additional Limitations.

H.3.1.1.1 Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian.

H.3.1.1.2. Contractor personnel under this contract shall not be placed in a staff or policy-making position.

H.3.1.1.3 Contractor personnel under this contract shall not be placed in a position of command, supervision, direction, or evaluation over DA military or civilian personnel, or personnel of other contractors or become part of a Government organization.

H.3.2.1 Employee Relationship.

H.3.2.1.1 The services to be performed under this contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

H.3.2.1.2 Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

H.3.2.1.3 The Contractor will not be paid for performance of personal services. Therefore, in the event the Contractor (or its employee) is directed by any Government employee to perform tasks that the Contractor believes are personal services, the Contractor should take no action until it has contacted the Procuring Contracting Officer to determine the appropriate course of action.

H.4 Security.

H.4.1 This contract is unclassified and does not contain security requirements or a Contract Security Classification Specification, DD Form 254. However, the Government may require Operations Security (OPSEC) measures (when applicable) to protect sensitive unclassified contract information. If access to unclassified sensitive information (Controlled Unclassified Information (CUI) ) is authorized, the Contractor may access only the information related to the subject matter of this contract.

H.4.2 In accordance with the Arms Export Control Act (Title 22, USC (Sec 275)), the International Traffic in Arms Regulation (ITAR), and/or Department of Defense (DoD) Directive 5230.25, foreign nationals shall not work on this contract without the express permission of the Contracting Officer. If requesting approval, the Contractor shall provide: the full name; date of birth; place of birth; citizenship; registration number; type of visa; clear copy of picture identification of visa, green card, or permanent resident card; port of entry; title of position to be filled;

abbreviated curriculum vitae; and justification for employment to the Contract Specialist. These items will be reviewed by the Security Office with subsequent approval by the Contracting Officer. Previously approved foreign nationals must be reapproved if the nature of their work under this contact differs from that performed under the prior year’s contract.

H.4.2.1 If the Contractor believes this effort is strictly for fundamental research, the Contractor shall request a waiver from this requirement from the Contracting Officer.

H.4.2.1.1 The Contractor shall ensure that foreign nationals approved for support of this effort will not have access to military technical or critical unclassified information. (The contractor shall conduct a search through the Defense Technical Information Center to determine whether information is designated as military technical or critical unclassified information. Additional information is available from the Military Critical Technologies List (http://www.dtic.mil/mctl/).

H.4.3 Should the Government determine that the technology has developed to a point where the information warrants protection, a DD Form 254 and an approved classification guide will be issued.

H.4.4 The Contractor shall report a violation of administrative security procedures or export control regulations that would subject critical unclassified information to possible compromise by foreign visitors or foreign national employees shall immediately be reported to the cognizant facility security office and Contracting Officer.

H.5 Authority to Change or Modify the Contract.

H.5.1 The Contractor is hereby notified that no Government personnel other than an authorized Contracting Officer can change or modify this contract or authorize any action that obligates the Government. If a Contracting Officer’s Representative (COR) or Alternate COR (ACOR) is appointed for this contract, his/her authority is limited to the specific duties as set forth in the letter of appointment. The COR/ACOR is not authorized to make any commitments or changes that affect price.

H.5.2 If the Contractor accepts any such commitment from Government personnel other than an authorized Contracting Officer, it shall be at the Contractor’s own risk and expense. The Contractor shall not be entitled to an equitable adjustment of the contract amount or delivery schedule unless changes or modifications are directed by an authorized Contracting Officer.

H.5.3 The Contractor shall be under no obligation to comply with any direction or change that will result in a contract modification unless it is issued by an authorized Contracting Officer. The Contractor shall direct any questions concerning the authority of Government personnel to the PCO.

H.6 Organizational Conflicts of Interest (OCIs)

H.6.1 An OCI can occur when: a contractor is unable, or potentially unable, to render impartial assistance or advice to the Government; a contractor's objectivity in performing the contract work is or might be otherwise impaired; or contractor has an unfair competitive advantage for a contract award. Additional information on the types of OCIs that can occur can be found in FAR Subpart 9.5.

H.6.2 In the event of nondisclosure or misrepresentation of any relevant facts, the Government reserves the right to terminate the offeror’s contract(s) for default, disqualify the contractor and/or subcontractor(s) from future related contract efforts, and to pursue any other remedies as allowed by law.

H.6.3 Contractors shall not place themselves in a position where submitting a proposal or accepting a contract / TO award would result in an OCI.

H.7 Subcontracting Plan Reporting Requirements H.7.1 IAW FAR Subpart 19.704(a)(10)(iv)(A), “Subcontracting plan requirements,” those firms that are required to submit a small business subcontracting plan shall submit their Individual Subcontract Report (ISR) via the Electronic Subcontracting Reporting System (eSRS) semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the contracting officer.

H.8 Government-Furnished Property (GFP)

H.8.1 GFP will be provided to the Contractor by the Government to facilitate performance of the individual orders under this contract. Should such circumstances arise, GFP will be addressed in individual TOs.

H.9 Inherently Governmental Functions

H.9.1 As discussed in FAR Subpart 7.5, an "inherently Governmental function" is a function that is so intimately related to the public interest as to mandate performance by Government employees. These functions include those activities that require the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: (1) the act of governing (i.e., the discretionary exercise of Government authority), and (2) monetary transactions and entitlements.

Contractor personnel shall not perform inherently Government functions.

H.10 Personal Services

H.10.1 Personal services are characterized by the employer-employee relationship created between the Government and the Contractor’s personnel. Obtaining personal services by contract rather than by direct hire circumvents the law unless Congress has specifically authorized acquisition of the services by contract. Agencies shall not award personal service contracts unless specifically authorized by statute, 5 U.S.C. 3109. Contractors shall not perform personal services.

H.10.2 An exception to the prohibition of personal services is health services allowed for by FAR Subpart 37.4.

H.11 Insurance Requirements

H.11.1 This IDIQ contract may include either fixed-price or cost-reimbursable task orders. Performance may or may not occur on a military installation, which may or may not be located within the continental United States. The following clauses have therefore been incorporated into this contract by reference: FAR 52.228-3, 52.228-5, and 52.228-7, each of which is applicable to the circumstances for which each is intended as set forth in the clause and related provisions of the FAR. Prime Contractors shall be required to either provide copies of insurance certificates or certify in writing that the required insurance has been obtained before commencing on site (i.e., on a Government site) work on any installation. If Contractor's certification is used in lieu of submission of insurance certificates to the Contracting Officer, prime Contractors shall obtain from the Contracting Officer a Certificate of Compliance with Insurance Requirements for completion. A copy of the Contractor's and all Sub-Contractors' proof of required insurance shall be maintained and shall be made available to the Contracting Officer upon request.

H.12 Service Contract Act (SCA) Compliance

H.12.1 The TOs procured under this contract are subject to the Service Contract Act (SCA), though the exact requirements and places of performance are unknown. The Offeror’s labor categories may vary based upon

Contractor employment policies and labor agreements. The Offeror/Contractor is responsible for determining the applicability of the Service Contract Act to the labor categories they identify to perform work under this contract.

Consult the Department of Labor (DOL) website: https://www.dol.gov for specific location wage determinations as appropriate.

H.13 Contractor Identification Requirements and Performing Work on Government Premises

H.13.1 Contractor personnel performing services on Department of Defense installations or other Government facilities shall ensure that they are readily identifiable as Contractor employees. The Contractor shall be required to contact the Government requiring activity to obtain the necessary base entry procedures.

H.13.2 Contractor employees without access to a Department of Defense or other Government Local Area Network (LAN) systems shall:

H.13.2.1 Identify themselves as Contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of any service provision to the Government;

H.13.2.2 Identify themselves as Contractor personnel in all recorded messages including those which are heard by callers attempting to contact Contractor employees via answering machines or voicemail;

H.13.2.3 Identify themselves as Contractor personnel at the onset of every meeting, conference, or any other gathering attended in support of any service provision to the Government;

H.13.2.4 Identify themselves as Contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including but not limited to, correspondence sent via the U.S. Mail, facsimile or electronic mail (e-mail) inclusive of "out-of-office" replies;

H.13.2.5 Wear or display Contractor-provided nametags, badges or attire which display, at a minimum, the name of the Contractor.

H.13.3 Any work under this contract which is performed by the Contractor or any of its Sub-Contractors on premises under Government control is subject to all requirements of this contract governing such work, and the following:

H.13.3.1 All Contractor and Subcontractor personnel shall, at all times, conspicuously display a distinctive badge provided by the Contractor, identifying such personnel as employees of the Contractor and shall observe and otherwise be subject to such security regulations as are in effect for the particular premises involved.

H.13.3.2 All Contractor and Subcontractor personnel shall be easily recognized by wearing Government provided security badges while working in a U.S. Government facility.

H.13.3.3 The Contractor shall designate, in writing, an on-the-premises representative to serve as point of contact for the Contractor to the Contracting Officer or their duly authorized representative.

H.13.3.4 All Contractor and Subcontractor employees shall dress appropriately for a professional work environment.

H.14 Other Considerations

H.14.1 Contractor Points of Contact. It is incumbent on the Contractor to provide the IDIQ Contracting Officer with two (2) Points of Contact (PoCs) who are empowered to correspond with the Government regarding contractual or business matters. The Contractor shall provide an email address and phone number for each PoC. The Contractor shall promptly notify the Contracting Officer of any changes or updates to its PoCs. Failure to maintain current PoCs may result in the Contractor failing to receive Government communications, including the issuance of Task Order Requests (TORs).

H.14.2 Task Order Contract Line Item Numbers (CLINs). Additional CLINs and/or subCLINs may be added to

Task Orders at the Government’s discretion if needed to meet Task Order requirements or separate certain requirements and funding sources.

H.14.3 Non-fee Bearing Cost Elements: Travel and Other Direct Costs (ODCs) shall be non-fee/profit-bearing in all TOs.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-2 Security Requirements MAR 2021 52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

APR 2008

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001)

OCT 2021

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001)

OCT 2021

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

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

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.216-7 Allowable Cost And Payment AUG 2018 52.216-8 Fixed Fee JUN 2011 52.216-11 Cost Contract--No Fee APR 1984 52.216-18 Ordering AUG 2020 52.216-19 Order Limitations OCT 1995 52.216-22 Indefinite Quantity OCT 1995 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity APR 1984 52.227-9 Refund Of Royalties APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.230-3 Disclosure And Consistency Of Cost Accounting Practices JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.243-2 Alt II Changes--Cost Reimbursement (Aug 1987) - Alternate II APR 1984 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.244-2 Subcontracts JUN 2020 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2023

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-26 Reporting Nonconforming Items. NOV 2021 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.- International Atomic Energy Agency Additional Protocol

JAN 2009

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

JAN 2023

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.235-7011 Final Scientific or Technical Report DEC 2019 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services

DEC 1991

252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 252.247-7023 Transportation of Supplies by Sea JAN 2023

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES…