W9128Z20R0001-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Cost Plus Fixed Fee

0001 2019DEC18

W9128Z

ACC-APG HUACHUCA DIVISION

2133 CUSHING STREET

FORT HUACHUCA, AZ 85613-1190

ADELINA KOSTUR

EMAIL: ADELINA.J.KOSTUR.CIV@MAIL.MIL

W9128Z-20-R-0001

2019NOV20

X

X 2020JAN09 04:00pm

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: ADELINA KOSTUR

Buyer Office Symbol/Telephone Number: CCAP-CCH/(520)538-6404

Type of Contract 1: Cost Plus Fixed Fee

Type of Contract 2: Firm Fixed Price

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

The purpose of this Amendment 0001 is to:

1. Answer the Industry questions submitted on 5 December 2019.

2. Section H-13 item 1 have been revised.

3. Section J has been revised to add revised versions of the following attachments:

ATT0010 REVISED 2.5 item f USAISEC Cybersecurity Assessment and CE Eng Manual V2.1.1

ATT0011 REVISED CDRL A001

ATT0019 REVISED Labor Category Descriptions

ATT0021 REVISED Sample Task Cybersecurity Pkg

ATT0032 REVISED ST-1 CDRL SE003 PRE DEPLOYMENT MEETING

ATT0037 REVISED ST-1 CDRL SE008 POST DEPLOYMENT MEETING

ATT0051 REVISED Sample Task Satellite Communications

ATT0059 REVISED Sample Task Technologies

ATT0060 REVISED ST-3 CDRL TS08 Facility Wiring Design Criteria (FWDC)

ATT0061 REVISED Past Performance Reference List (PART A)

ATT0062 REVISED Past Performance Information Summary (PART B)

ATT0063 REVISED Past Performance Questionnaire

ATT0064 REVISED CONUS/HIGH CONUS/OCONUS LABOR RATES

ATT0065 Revised Small Business Participation Commitment Document (SBPCD)

4. Section L the following parts have been revised:

L-16 Part 1

L-17 Part 1 item C

L-17 Part 2

L-18 Part 2

L-19 Part 1

L-19 Part 2

L-19 Part 3

L-19 Part 4

L-19 Part 5

L-19 Table L1

L-19 Part 6 item C

L-20 Part 1 item B

L-20 Part 1 item G

L-20 Part 1 item H

L-20 Part 1 item I

L-20 Part 1 item J

L-20 Part 1 item J(i)

L-20 Part 1 item P

L-20 Part 2 item B

L-20 Part 2 item C

L-20 Part 4

L-20 Part 4 item A

L-20 Part 4 item B(ii)

L-20 Part 4 item B(iv)

L-20 Part 4 item B(v)

L-20 Part 4 item E

L-20 Part 4 item G

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5. Section M-4 Part 3 has been revised.

6. Proposal due date have been revised to 9 January 2020 by 4:00pm AZ time.

*** END OF NARRATIVE A0002 ***

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 ORDERING PROCEDURES

In the event of any inconsistency between a task order and the contract, the contract shall control.

1. Services to be provided under this contract shall be ordered by issuance of firm fixed price (FFP) or Cost Plus Fixed Fee Task

Orders. In accordance with FAR 16.505(b), the Contracting Officer reserves to right to tailor procedures to each task order and shall state the procedures in the task order proposal request (TOPR).

2. Task orders will be awarded in accordance with FAR 16.505 and FAR 52.216-19. Only the Contracting Officer (KO) has the authority to award task orders against this contract.

3. Performance under Task Orders shall commence only after receipt of an executed Task Order sent via facsimile, mail, e-mail, or by verbal direction from the KO. If verbal direction is given, written confirmation will be provided within five working days of the verbal order. The Government shall not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed

Task Orders.

4. Contractor may choose whether or not to submit proposals in response to TOPRs at their discretion. If a TEIS IV Contractor intends to not bid on a RFP letter, they must notify the cognizant KO of their intent within 48 hours of the Government's release of the TOPR.

5. The TOPR will include, among other things, a Performance Work Statement (or Statement of Work, or Statement of Objectives) that will specify requirements in terms of performance objectives. Contractor shall propose in accordance with the TOPR issued for each task order.

6. Only the contract holder, designated by the CAGE code in the awarded contract SF 26, Block 7, may submit a proposal in response to a TOPR. In a task order proposal, any supporting documentation or information (such as rates) submitted under a different CAGE code, including those within the legal entity of the contract holder, will be considered that of a subcontractor and evaluated as appropriate in accordance with the TOPR.

7. The Contractor is responsible for all bid and proposal costs incurred in performance of the contract.

8. The Army Contracting Command - Aberdeen Proving Ground Ombudsman will be identified at the base contract level.

H-2 ON-RAMPS AND OFF-RAMPS

1. The objective of an on-ramp is to maintain competitive sources for task orders and/or to obtain access to additional technologies and capabilities. The objective of an off-ramp is to reduce administrative burden and costs for the Government and Contractors and to maintain streamlined and efficient processes on the contract. The Government reserves the right to review all contracts under the

TEIS IV multiple award IDIQ vehicle to determine if the need exists to add additional contracts, and/or to determine if it is appropriate to remove existing contracts.

2. The KO may conduct market research to assess additional technologies and capabilities available in the open market. The KO may also assess Contractor performance and the amount of competition available. The Government may evaluate the benefit of conducting an on-ramp on the multiple award IDIQ vehicle on an annual basis. The Government will strongly consider on-ramps in years three (3) and six (6) of the ordering period. However, the Government may conduct an on-ramp in any year of the ordering period in order to maintain adequate competition or to obtain access to additional technologies and capabilities.

3. During an on-ramp, offerors who are not already a contract holder may be eligible to obtain a contract under the TEIS IV multiple award IDIQ vehicle. Current contract holders shall not submit a proposal for a new contract during the on-ramp and shall continue with their existing contract.

4. The Government may conduct an on-ramp to this contract in accordance with the following:

A. Notice of an on-ramp solicitation and the on-ramp procedures will be publicized on the FedBizOpps website;

B. The solicitation may identify the total approximate number of new contract awards the Government intends to make, however the actual number of awards may depend on the number of quality proposals received;

C. The basis for award under the solicitation will be substantially the same as the original solicitation;

D. The terms and conditions of any contracts resulting from the solicitation will be materially identical to the current

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version of the existing contracts under the TEIS IV multiple award IDIQ vehicle;

E. The ordering period of any new contracts resulting from the solicitation will be coterminous with the ordering period of the existing contracts under the TEIS IV multiple award IDIQ vehicle;

F. If awarded a contract resulting from the solicitation, any new Contractor will be eligible to submit a proposal in response to a TOPR with the same rights and obligations as any other Contractor on the TEIS IV multiple award IDIQ vehicle; and

G. The award of any new contracts will not increase the existing overall ceiling amount of the TEIS IV multiple award IDIQ vehicle.

5. The Government may evaluate the benefit of conducting an off-ramp on the multiple award IDIQ vehicle on an annual basis. The

Government will strongly consider off-ramps in years three (3) and eight (8) of the ordering period. However, the Government may conduct an off-ramp in any year of the ordering period in order to reduce administrative burden and costs for the Government and

Contractors and to maintain streamlined and efficient processes on the contract.

6. Any Contractor that has not submitted an acceptable proposal for a task order in 12 months, has had any Contractor-induced cost overruns, has any Unsatisfactory performance ratings in CPARS for the TEIS IV contract or task orders under the contract, or has not met small business participation commitments, as proposed, in Section J, Attachment Att0065 and their reporting requirements in CDRL

A003 for the TEIS IV contract may be off-ramped.

7. The Government may off-ramp a Contractor in accordance with the following:

A. The KO will effect a no-cost settlement instead of issuing a termination notice if applicable;

B. The KO will implement a termination for convenience in accordance with FAR clause 52.249-2, 52.249-4, 52.249-6, or 52.249-8 as applicable;

8. Any Contractor that is off-ramped shall not receive any further task order awards under this contract. However, any Contractor that is off-ramped shall be responsible to continue performance on existing task orders in accordance with the terms and conditions of the task orders, including task order option periods, if exercised.

H-3 ESTIMATED TIME TO COMPLETE

1. Subject to the requirements of 'Incremental Funding' provision and the 'Limitation of Funds' and the 'Allowable Cost, and

Payment' clauses of this contract, the following is incorporated herein:

2. It is estimated that [To Be Determined at task order award] months (commencing approximately [To Be Determined at task order award] and ending approximately [To Be Determined at task order award]) will be required by the Contractor to complete the work called for in the Schedule (Sections A thru H) hereof. The funds allocated hereunder and set forth in the Schedule cover the estimated funding required for a period of [To Be Determined at task order award] months, up to and including [To Be Determined at task order award]. Succeeding funding to cover the total cost/performance of this contract will be in increments of 12 months or less for each fiscal year, as required.

H-4 ESTIMATED COST, FIXED FEE, SUM ALLOTTED

1. Estimated Cost: The estimated cost of the Contractor's performance hereunder, exclusive of the fixed fee, is $ [To Be Determined _______________ at task order award] which amount is based upon data on file in the office of the KO. This sum may be increased from time to time by the Government solely at its discretion. Upon the making of any such increase, the KO shall notify the Contractor in writing thereof.

2. Fixed Fee: In addition to the estimated cost, the Government shall pay the Contractor a fixed fee of $[To Be Determined at task __________ order award] for the performance of this contract. Subject to the withholding provided for in the clause of this contract entitled

'Fixed Fee', and unless the KO determines that the Contractor's performance is unsatisfactory, this fixed fee may be paid, as it accrues in monthly installments in amounts which, when added to all previous payments on account of the fixed fee, bear the same proportion to the total fixed fee as the sum of the payments made and due on account of all allowable cost bear to the total estimated cost, or where appropriate, such payments of fixed fee will be based upon the percentage of completion of the work as determined from estimate made or approved by the KO.

3. Sum Allotted: There has been allotted for this contract, inclusive of the fixed fee, the total sum of $[To Be Determined at task _____________ order award]. Being $ [To Be Determined at task order award] on account of allowable cost and $ [To Be Determined at task order award] on account of fixed fee.

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H-5 Computer Hardware, Enterprise Software and Solutions (CHESS)

1. In accordance with Army Regulation (AR) 25-1, when procuring commercial off the shelf (COTS) software, desktops, notebook computers, video teleconferencing or other commercial IT equipment (e.g. routers, servers, printers) Contractors shall use the CHESS contract vehicle at https://chess.army.mil . Contractors shall indicate CHESS items and use catalog prices in task order proposals. Contractors shall be authorized upon award to order through CHESS contract vehicles.

2. A waiver is required for purchase of products from another source. In the event that the required hardware and related software is not available through an Army CHESS contract, Contractors shall be authorized to obtain the hardware through an alternate source after receiving all appropriate waivers.

H-6 FEE

The maximum fee rates [TO BE DETERMINED AT CONTRACT AWARD] apply to any and all cost plus fixed fee task orders and/or contract line item numbers (CLINs). The maximum fee rate for the optional ordering period also applies to any task orders that may extend beyond the optional ordering period. Contractors shall not propose fees for cost plus fixed fee task orders or CLINs that exceed the maximum fee rate.

H-7 CONTRACTOR POINT OF CONTACT (POC) REQUIREMENT

It is the Contractor's responsibility to provide the KO with no more than two (2) accurate email addresses for the Contractor. It is the

Contractor's responsibility to provide the KO with an updated accurate email address in the event of address changes during the ordering period. Contractors may not be afforded additional time to respond to TOPRs or additional time to perform awarded task orders as a result of the Contractor's failure to maintain an accurate email on record with the KO.

H-8 PERSONNEL CHANGES

1. The Contractor shall advise the Government in advance of any necessity to reassign or replace personnel holding key positions during the performance of this contract. Any personnel, proposed as substitutes or replacements for personnel originally proposed, who become unavailable during the period of the contract, shall possess equal or greater qualifications. If the requested personnel for substitution or replacement do not have equal or greater qualifications, a waiver should be submitted to the KO for review. In this case, the rates for the substituted personnel may be subject to downward negotiation and/or consideration.

2. The Government maintains the right to require removal of Contractor personnel for cause.

3. Contractor shall replace, at no cost to the Government, any personnel, trained at Government expense, who leave the contract for other than Government convenience within the period of performance of the task order or subsequent task orders upon which the personnel begin to perform, and for which the training is also required for performance. Personnel so replaced shall be comparably trained at the Contractor's expense.

H-9 CONTRACTOR PERSONNEL ADMINISTRATION

The Contractor shall ensure Contractor personnel under this contract are not placed in a position:

1. Where they are appointed or employed by Government personnel or under the supervision, or direction of Government personnel or evaluation of Government personnel military or civilian;

2. Of staff or policy-making for the Government;

3. Of command, supervision, administration, or control over U.S. Government military or civilian personnel or of other Contractors, or become a part of the Government organization;

4. Involving administration or supervision of military procurement activities; or

5. To establish requisitioning objectives, stockage lists, or direct supply channels to a manufacturer or others to circumvent established Department of the Army supply channels. The services 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 employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

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H-10 CONTRACTOR REQUEST AND GOVERNMENT APPROVAL OF TRAVEL

1. Any travel under each individual Task Order must be specifically requested by the Contractor and approved by the COR prior to any travel costs being incurred. All requests and approvals shall be written, by mutual concurrence between the COR and the Contractor, there may be verbal requests but only the KO can give a verbal approval. Verbal requests and approvals shall be confirmed in writing within 24 hours.

The request shall include as a minimum, the following:

A. Task Order number

B. Date, time, and place of proposed travel

C. Purpose of travel and how it relates to the task order

D. Contractor's estimated cost of travel and intended method of travel

E. Name(s) and title of individual(s) traveling and;

F. A breakdown of estimated travel expenses and per diem charges.

2. General: ________

A. The costs for travel, subsistence, and lodging shall be reimbursed to the Contractor only to the extent that it is necessary and authorized prior to travel for performance of the work under this contract. The costs for travel, subsistence, and lodging shall be incurred in the performance of task orders and shall be invoiced on an actual cost basis.

B. The Contractor shall utilize the most economical airfare available and costs shall be limited to the rates specified in

Volume II of the Joint Travel Regulation in effect at the time the travel is actually performed and in accordance with FAR

31.205-46, which is incorporated by reference into this contract. Using Government funds to pay for premium travel (including first and business class) is not allowable unless specifically authorized. Exceptions for the use of premium travel shall be approved in writing by the KO prior to travel.

C. As specified in FAR 31.205-46(a)(2), reimbursement for the costs incurred for lodging, meals and incidental expenses (as defined in the travel regulations cited subparagraphs 1 through 3 below) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

(i) Federal Travel Regulation prescribed by the General Services Administration for travel in the contiguous 48 United

States;

(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in

Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States; or

(iii) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances in

Foreign Areas" prescribed by the Department of State

D. The Contractor shall submit receipts over $75.00 for all travel and per diem expenses with its invoice.

E. Contractor personnel may require theater clearance for some OCONUS locations. Contractor personnel are responsible for preparing and/or obtaining all documentation required for OCONUS locations, including but not limited to, Technical Expert

Status Accreditation (TESA) and visas. Travel to OCONUS locations shall be in accordance with the applicable laws, regulations, and policies, including but not limited to, TESA requirements and Status of Forces Agreement (SOFA) policies. Contractors are required to register all OCONUS travelers in the Synchronized Deployment and Operational Tracker (SPOT) system as the single source to track all deployed Contractor personnel supporting DoD military operations worldwide. Upon approval and signature by the KO a letter of authorization (LOA) will be generated.

F. In the event the Contractors must pay additional compensation to their employees for hardship, post differential and hazardous duty, the Department of State Standardized Regulations (DSSR) shall be followed. DSSR can be found at http://aoprals.state.gov . Any costs related to hardship, post differential and hazardous duty will be considered on a case-by-case basis and negotiated on Task Order level.

H-11 COMPLIANCE WITH LAWS AND REGULATIONS

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1. The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National

Corps operations and fragmentary orders, instructions, policies and directives.

2. Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault. Contractor employees are subject to General Orders Number

1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures.

3. Contractor employees may be ordered removed from secure military installations or the theater of operations by order of the senior military commander of the battle space for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its

Contractor employee.

4. Contractor employees performing in the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements.

5. Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed

Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement within the AOR or administratively attached to a military command pending resolution of a criminal investigation.

6. Contractors shall immediately notify military law enforcement and the KO if they suspect an employee has committed an offense.

Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the senior U.S. commander in the country.

H-12 CONTRACTOR HEALTH AND SAFETY

1. The Contractor is responsible for the safety and occupational health of its workforce. The Contractor also must prevent exposing

Government personnel, facilities, equipment, and the general public from exposure to health and safety hazards arising from

Contractors performance under this Contract.

2. Contractors shall identify and evaluate system safety and health hazards, define risk levels, and establish a program that manages the probability and severity of all hazards associated with the performance of the requirements of a task order. All inherent safety and health hazards shall be identified, evaluated and either eliminated or controlled to ensure minimum risk to the environment and personnel. The Contractor shall comply with the Occupational Safety and Health Act (OSHA) and all federal, state, and local safety laws and regulations and standards as applicable in effect at all work sites. The Contractor shall participate in the Government's safety program and Government job hazard analysis/risk assessments. Compliance with provisions pertaining to safety of site facilities and equipment is mandatory.

3. During the performance of tasks requiring protective equipment and clothing, Contractor employees shall wear safety items required by OSHA and as specified in the applicable regulations. The Contractor shall be responsible for providing personal protective equipment, clothing and training to its employees.

4. Contractor employees, and all associated Subcontractor employees with an area of performance within a Government-controlled installation, facility or area, shall attend Government-provided Area of Responsibility (AOR) specific safety training. Specific AOR training content is directed by the Commander, with the COR being the local point of contact.

5. The Contractor shall establish and implement a comprehensive safety program plan for use by Contractor and subcontractor employees. This plan shall incorporate appropriate elements of OSHA, other Federal agency, state and local regulations and standards as applicable. The plan shall include an accident prevention plan to identify and assess hazards through risk assessments.

6. The Government reserves the right to conduct unannounced safety inspections at any time.

7. The TM may require the Contractor to cease operations associated with the performance of this contract for safety violation reasons. The Contractor shall correct any safety violations, caused by a Contractor employee during non-duty hours, at no additional

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cost to the Government.

8. The Contractor shall ensure all employees receive the safety training required by all federal, state and local laws and policies.

The Contractor shall maintain the safety training records and make them available to the COR and KO upon request for the duration of the contract.

H-13 HOURS of WORK

1. Work within the continental limits of the United States and its possessions shall not normally exceed eight hours per day or forty hours per normal workweek. Work hours outside of the continental limits of the United States and its possessions (OCONUS) shall correspond to hours worked by comparable Government personnel, and it shall be at a minimum forty hours per normal workweek.

2. The Contractor work week is forty hours. The Contractor will obtain written approval from the KO prior to incurring any hours in excess of the Contractor work week in accordance with task order hours. Any services that extend beyond the forty hours in a given calendar week will be billed in accordance with FAR 52.237-10.

3. Contractor personnel performing at a Government site shall observe federal holidays and other days identified in this section unless otherwise indicated in a task order. The Government observes the following days as holidays:

NEW YEAR'S DAY

MARTIN LUTHER KING JR DAY

PRESIDENTS DAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

COLUMBUS DAY

VETERAN'S DAY

THANKSGIVING DAY

CHRISTMAS DAY

In addition to the days designated as holidays, the Government may also observe any day designated by Federal Statute, Executive

Order, or Presidents Proclamation.

H-14 GOVERNMENT SITE CLOSURES

1. From time to time, an installation Commander may decide to close all or part of the installation in response to an unforeseen emergencies. Such emergencies may include, but are not limited to, adverse weather such as snow or flood, a natural disaster such as tornado or earthquake, or a site disaster such as a gas leak or fire. Contractor personnel are non-essential personnel for purposes of any instructions regarding such emergencies.

2. Contractor personnel shall be officially dismissed upon notification of a Government site closure in accordance with paragraph

H.14.1. Contractor personnel shall promptly secure all Government furnished property appropriately and evacuate in an expedient but safe manner.

3. Regarding Government site closure notifications, Contractors shall follow instructions for non-essential personnel provided by local radio, television, official websites, and/or official Government site hotlines. Contractors may not receive any other form of notification of a Government site closure from the Government. If a decision to close all or part of a Government site is made during the duty day and the decision is transmitted through official notification channels, Contractors shall follow the instructions provided.

4. Regarding the requirements of a task order under this contract, the Government shall retain the following options:

A. The Government may grant an extension for any task order delayed by the closure equal to the time of the closure, subject to the availability of funds.

B. The Government may forego work. Contractors shall not receive payment for any work not performed.

C. The Government may reschedule the work on any day that is mutually satisfactory.

D. The Government may, at its discretion, permit the Contractor personnel to perform at an off-site location during the period of the Government site closure, if meaningful work can be accomplished. The Contractor shall certify to the Government in writing within five (5) business days of returning to the Government site the nature and scope of the work completed off-site.

If applicable, the Contractor shall be permitted to bill the Government at the labor rates identified in the task order.

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5. The parties will mutually agree to the appropriate course of action for completion of interrupted work.

H-15 DENIAL OF ENTRY

The Government reserves the right to terminate the entry of any Contractor employee upon disclosure of information which indicates the individual's continued entry to the installation is not in the best interest of national security. Additionally, the violation of or deviation from the established security procedures by Contractor employees may result in the confiscation of identification media and the denial of future entry to the installation.

H-16 PERSONNEL ACCOUNTABILITY DURING ENERGENCIES

Contractors, and all associated sub-contractors, through their Primes, shall provide the COR with an accountability report for all personnel during emergencies. An emergency includes, but is not limited to, terrorist attacks, natural disasters, and other declared emergencies. This report shall include the Contractor name, contract/task order number, geographic location, impact of emergency, welfare of Contractor personnel, and other additional emergency-specific information that may be requested for personnel actively supporting USAISEC. This information shall be reported to the COR by 1200hrs MST on a daily basis until the emergency subsides.

H-17 Security Requirements

1. Access to Government Systems: In accordance with DoD Directive Number 7045.14, dated 21 November 2003, Contractors are not _____________________________ allowed access to any DoD system without explicit authorization of a relevant Government official, and that is based on a need-to-know basis only. Individuals shall have the appropriate clearance for access to a particular system.

2. DD Form 254 (DD254): The DD254 and/or additional specific security requirements shall be defined in each individual task order as ____________________ applicable.

H-18 CONTRACTOR USE OF GOVERNMENT EQUIPMENT

The Contractor is reminded that, in addition to the "Government Property" clause(s) included in this contract, there are substantial restrictions on the use of Government equipment. Any equipment so provided shall only be used for contract performance-related purposes.

For example, information resources (computers, telephones, facsimile machines, etc.) shall not be used for activities such as accessing pornographic materials/websites, personal business, playing games, or "surfing" the internet. Prior to beginning performance under this contract, the Contractor shall instruct each employee on the proper use of Government equipment. As each new employee is hired, they shall also be briefed before performing work under this contract. Each employee should also be informed that use of Government information resources constitutes consent to monitoring/search. A copy of the content of the briefing shall be submitted to the KO 30 days after contract award. A record of who was briefed, and when, shall be kept in a file that shall be made available to the KO or

Contracting Officer's Representative upon request.

H-19 SERVICE CONTRACT ACT (SCA) COMPLIANCE REQUIREMENT

1. Task orders issued under this contract are subject to the Service Contract Act (SCA), though the exact places of performance are unknown. Labor categories may vary based upon Contractor employment policies and labor agreements.

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

3. The Offeror/Contractor is responsible for ensuring that the rates proposed and billed for personnel on task orders subject to the

SCA meet or exceed the corresponding minimum wages established by the DOL for the corresponding geographical region for task order performance.

H-20 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (eCMRA)

The following clause will be included in each individual task order:

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under task orders on this contract for Responsive Strategic Sourcing for Services (RS3) via the eCMRA secure data collection site. The Contractor is required to completely fill-in all required data fields within the eCMRA.

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

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October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/ .

H-21 ORGANIZATION CONFLICT OF INTEREST (OCI)

1. Review of this requirement, relative to FAR Subpart 9.5, "Organizational and Consultant Conflicts of Interest," has determined that potentially significant organizational conflicts of interest may arise due to the nature of the work the Contractor will perform under this contract that may preclude the Contractor from being awarded future ACC-APG Acquisition Center Contracts in a related area. Whereas the Contractor has agreed to undertake this contract to provide TEIS IV services, it is agreed that the

Contractor shall be ineligible to act as a Prime Contractor, consultant, or subcontractor to any Prime Contractor or subcontractor at any tier who is to supply the services, system or major components thereof for any project where the Contractor has provided or is providing support as described in FAR 9.505-1 through 9.505-4.

2. The KO may make a determination to allow a Contractor to participate in an acquisition subject to the submission of an acceptable mitigation plan in accordance with paragraphs A and B below. This determination may not be appealed.

A. If the KO requests, and the Contractor submits an organizational conflict of interest mitigation plan that, after Government review is acceptable to the Government, the Contractor's parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a subcontractor or consultant on future ACC-APG Acquisition Center contracts. The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation are unilateral decisions made solely at the discretion of the Government and are not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.

B. Any mitigation plan shall include, at a minimum, non-disclosure agreements to be executed by the Contractor and the

Contractors employees supporting the Government per paragraph 2 above. Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); and data security measures.

3. The restrictions outlined in paragraph 1 shall apply to [To Be Determined at task order award]. This clause shall remain in effect for one year after completion of this contract.

4. The Contractor shall apply this clause to any subcontractors or consultants, who have access to information, participate in the development of data, or participate in any other activity related to this contract which is subject to terms of this clause at the

Prime Contractor level, unless the Contractor includes an acceptable alternate subcontractor provision in its mitigation plan. For subcontractors or consultants under this contract, if an organizational conflict of interest mitigation plan is submitted and acceptable to the Government, the subcontractor's parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a Prime, subcontractor, or consultant on future ACC-APG Acquisition Center contracts.

5. The Contractor's employees shall be trained and informed of Subpart 9.5 of the FAR and this contract provision, and shall execute a Contractor-Employee Personal Financial Interest/Protection of Sensitive Information Agreement as appropriate.

6. The Contactor agrees that it will use all reasonable diligence in protecting proprietary data received by it. The Contractor further agrees it will not willfully disclose proprietary data to unauthorized parties without the prior permission of the

Government, and that proprietary data shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the contracted effort. This restriction does not limit the Contractors right to use, duplicate or disclose such information if such information was lawfully obtained by the Contractor from other sources.

7. The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the KO copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

8. The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the KO.

9. Government Representatives shall have access to the Contractor's premises and the right to inspect all pertinent books and records in order to insure that the Contractor is in compliance with FAR 9.5.

10. The Contractor agrees that if after award it discovers a potential organizational conflict of interest, a prompt and full

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disclosure shall be made in writing to the KO. This disclosure shall include a description of the actions the Contractor has taken or proposes to take, to avoid or mitigate such conflicts.

11. The Government may waive application of this clause when the Government determines that it is in its best interest to do so.

H-22 INSURANCE

The following types of insurance are required in accordance with the clause entitled "Insurance -Work on a Government Installation,"

Section I, FAR 52.228-5, and shall be maintained in the minimum amounts shown below:

1. Workmen's Compensation and Employer's Liability Insurance: Minimum amount of: $100,000. (Note: The states of California, New

Jersey, New York, and Rhode Island have imposed upon employers the obligation to afford benefits for non-occupational disability as well as for disability in the course of and arising out of employment. Employers may, under State law, be given the option of insuring with companies, or underwriters, or of self-insuring this obligation.)

2. Comprehensive Automobile Insurance: $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

3. Comprehensive General Liability $500,000 per occurrence.

4. Prior to commencement of work hereunder, the Contractor shall furnish to the KO, a certificate or written statement of the above required insurance. The policies evidencing the required insurance shall contain an endorsement to the effect that any cancellation or any material change in the policy adversely affecting the interests of the Government in such insurance shall not be effective for such periods as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the KO.

5. The Contractor agrees to insert the substance of this clause in all subcontracts hereunder.

H-23 LIABILITY FOR LOSS OR DAMAGE

The Contractor shall indemnify and save harmless the Government, its officers, agents and employees against all actions, proceedings, claims, demands, costs, damages and expenses, including attorney's fees by reason of any suit or action brought for any actual or alleged injury to or death of any person or damage to property, other than the property furnished by the Government for use of the

Contractor, if any, resulting from the performance of the services contracted for herein. The Contractor shall submit, to the KO, within twenty-four (24) hours following the occurrence of such damage or loss a fully detailed written report of the incident.

H-24 DISCLOSURE OF INFORMATION

1. Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this contract would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge nor release data or information developed or obtained under performance of the contract except to authorized Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in the contract.

2. To the extent the Contractor receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other classified or privileged technical, business or financial information under this PWS, the Contractor shall treat and protect Privacy

Act information in accordance with any restrictions imposed on such data. Such information and materials will be protected, as a minimum, in accordance with AR 25-55. Access includes the functions of record management, data handling, storage, electronic transmission and physical distribution.

3. As required by the KO or designee, the Contractor shall agree to enter into a written agreement with any firm whose proprietary data is used in conjunction with performance of this PWS. The Contractor shall furnish the KO with executed copies of such agreements, and shall not use any proprietary information for any purpose other than which it was provided.

4. Neither the Contractor nor the Contractor's employees shall disclose, or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activity's security or interrupt the continuity of its operation.

5. All inquiries received by the Contractor for information concerning work performed under this contract shall be referred to the

Government for evaluation. The determination of whether records will be released will remain with the Government. The Contractor shall assist the COR in compiling information or records for submission upon request by the Government.

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6. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials or confirmations) on any part of the subject matter of this contract or any phase of any program there under without the prior written approval of the COR. All documentation showing individuals names or other personal information shall be controlled and protected.

7. The Contractor shall use any data furnished by the Government only for performance under this PWS, and shall return copies of such data to the Government upon completion of this effort.

8. Data pertaining to other contracts/services may reside on IT systems utilized or accessed by other Government organizations where

Contractor personnel may be performing. Contractor personnel shall in no way divulge this information or use this information for their gain. The Contractor shall notify the KO of any potential conflicts of interest.

9. All Contractor personnel shall sign non-disclosure agreements to protect all Government information to which they have access both during and after contract performance is completed. The non-disclosure agreements will provide that the Contractor's employees will not disclose the information at any time.

H-25 JOINT ETHICS REGULATION.

The Contractor acknowledges that Government personnel are required to comply with all provisions of DoD Regulation 5500.7-R, Joint

Ethics Regulation (JER). This regulation restricts Government employees from engaging in a number of activities that create an appearance of impropriety or otherwise violate the law, including certain activities involving interaction with Contractors and their employees. The Contractor hereby agrees to use its best efforts to prevent its employees from taking any action which could be construed as soliciting, encouraging, assisting, aiding, or abetting any Government employee to violate any provision of the JER. The Contractor further agrees to provide a copy of the JER to all of its employees assigned to work under this contract in any Government owned or leased facility. It is available at no cost at http://www.defenselink.mil/dodgc/defense_ethics/index.html

H-26 INCORPORATION OF SMALL BUSINESS SUBCONTRACTING PLAN (FOR LARGE BUSINESSES ONLY) AND REPORTING REQUIREMENTS.

The [insert Contractor name] small…