Intelligence Sharing Policy Development Support Services
Other Defense Agencies, Washington Headquarters Services | Published January 18, 2013 - Deadline February 8, 2013
The contractor will provide support for review of industrial security letters concerning national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base.
184.108.40.206 Industrial Security Forums: The contractor will participate in sessions unique to the cleared defense industrial base such as the National Industrial Security Program Policy Advisory Committee chaired by the Information Security Oversight Office, the DoD Defense Industrial Base Cyber Security/Information Assurance Program under the auspices of the DoD Chief Information Officer, various DoD, and other national interagency or cleared industry entities.
4.0 Reports. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and
completion of all reports under this effort.
4.1 Monthly Status Report (MSR). The contractor shall submit a monthly report for the contract work during the reporting month and plans for the following two months to the COR by the tenth day of each month. The report shall contain a listing of any Travel and Other Direct Charges. The contractor shall maintain project performance information at a level of detail corresponding to that of the task descriptions. Monthly Status Reports (electronic) will include:
Status of deliverables/milestones
Issues and resolutions
Topics or issues identified by the government
Description of work completed and plans for next two months
Government will provide feedback via monthly Program Management Reviews.
4.2 Trip Reports. Trip reports are required for all travel performed under this contract.
4.3 Progress Reviews. Progress reviews will be performed, as directed, by the appropriate Government Project Officer and COR, and will generally summarize the status and progress of all activities being performed by the contractor under this delivery order. Progress reviews will take place at those locations requested by the appropriate Government Project Officer. At the request of the appropriate Government Project Officer and COR, the contractor will address additional topics. Specific dates for progress reviews will be agreed between the appropriate Government task monitor and COR and the contractor's Program Manager.
5.0 Deliverables. The contractor shall submit all data as required, in the contract in accordance with Table 1. The Government will review deliverables for accuracy and completeness, and provide required changes or comments to the contractor within 15 calendar days or the item is approved without comment. The contractor shall submit any necessary revisions to the document(s) within 15 calendar days after receipt of Government comments. The Government Project Officer in coordination with the COR will determine delivery schedules for specific deliverables as the intelligence mission requirement dictates. Specific studies, activities and/or mission requirement of short duration, may require instances where multiple deliverables for the same item are required.
Deliverable Instructions: When directed or as required, documentation shall be delivered in either Microsoft Word, PowerPoint, or Excel soft copy format files unless otherwise specified by the Government Project Officer or COR.
Deliverable Due Format
Non-Disclosure Agreement NLT 14 days after award; and upon replacement of personnel, to the COR Microsoft Word with original employee signature
OCI Mitigation Report NLT 14 days after award and annually thereafter, to the COR Microsoft Word
Monthly Status Report NLT 10th of each month, to the COR Microsoft Word
Program/Progress Reviews of Work Plan NLT 30 days after award and as requested thereafter, to the COR Microsoft Word
Trip Report NLT 14 days following completion of travel, to the COR Microsoft Word
Policy Issuances As determined by the COR or task lead Microsoft Word
Oversight Reports As determined by the COR or task lead Microsoft Word
Outreach Reports As determined by the COR or task lead Microsoft Word
Security support materials (para 3.1.3) As determined by the COR or task lead Microsoft Word, PowerPoint, or Excel; electronic or hardcopy as directed by the COR or task leads
6.0 Type of Task Order/Period of Performance. This is a Firm Fixed Price task order. The contract will contain a Cost Reimburseable Other Direct Charges. The period of performance will be a base period of 12 months with four 12-month option periods.
7.0 Place of Performance. Work will be performed at the Pentagon, Arlington, VA, Crystal City, VA, or other government sites within the National Capital Region. The Government will furnish office space and office equipment. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I).
Recognized Holidays: Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day.
8.0 Travel/Other Direct Charges (ODC). The contractor will be reimbursed for allowable, allocable and reasonable Other Direct Charges when approved in advance by the Contracting Officer Representative (COR).
9.0 Security. All tasks must be conducted in full compliance with DoD security regulations. During the period of performance, all contractor personnel will be required to maintain a Top Secret/Sensitive Compartmented Information clearance.
All contractor personnel will be required to sign a Non-Disclosure Agreement (attached).
10.0 Contractor Quality Control. The contractor shall perform all technical and administrative planning, coordination, analysis and tracking of the diverse activities and disciplines provided by the contractor to meet the requirements of this contract. The contractor shall manage and control contract resources to assure completion of all tasks within schedule and performance requirements.
11.0 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the task order or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this order is Richard N. Weyrauch, 1550 Crystal Drive Suite 502B Arlington, VA 22202. The Contractor will be notified in writing concerning the replacement of the COR for this task order. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the Contractor.
12.0 Key Personnel Qualifications
Unauthorized Disclosure Sr. Functional Analyst: The position requires expert knowledge of national, DoD and Intelligence Community information security policies and procedures. Knowledge of the Department's supporting security functions to include operations security, critical program information/technology protection, declassification, and SCI and SAP security policies is highly desired. The SME should have security review experience, must be familiar with classification guidance construction, and must understand and interpret DoD policy governing disclosure of classified information. The SME must also be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution.
The SME must be capable of developing DoD security policy for UD related events, facilitating policy implementation by all components, and overseeing the effectiveness of DoD information security and UD policy throughout the department. The position requires the SME to coordinate with multiple agencies within DoD and with several external government agencies to promote and facilitate the interoperability among those departments and agencies that have interest or equities in preventing and deterring UD events. The SME shall have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field at a minimum is preferred.
Office Management Sr. Functional Analyst: The position requires expert knowledge of overall office management and administrative support and office administrative processes. Knowledge of the Department's correspondence staffing procedures, the Defense Travel System, ATAAPS Time and Attendance system, and the Staff Action Control and Coordination Portal is highly desired. The SME should have experience with classified correspondence, expert knowledge of Microsoft Office suite tools, knowledge of government and best business practices, experience in writing, editing, and managing executive correspondence. The SME must be familiar with maintaining, marking, filing, and retaining electronic records in accordance with the Office of the Secretary of Defense federal records disposition schedule approved by the National Archives and Records Administration.
The SME must be capable of formatting and some editing of formal letters, memoranda, read ahead briefing/meeting packages, activity reports, senior leadership reports, and travel/training/personnel documents. The position requires the SME to arrange meetings, conferences, and video-teleconferencing, to include taking minutes and maintaining invitation/attendee contact rosters for Directorate executives. The SME must have 5-7 years of office management experience on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field is preferred.
Personnel Security Sr. Functional Analyst: The position requires expert knowledge of DoD, Intelligence Community, and national-level personnel security policies and procedures. Knowledge of the Department's personnel security functions to include personnel security manager responsibilities and investigation and adjudication policies is highly desired. The SME must be capable of developing, updating, and coordinating policy and providing personnel security and Homeland Security Presidential Directive-12 interpretation and guidance as required.
The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for personnel security equities. Excellent writing and project management skills is highly desired.
The position requires the SME to coordinate with the DoD services and components to resolve complex personnel security policy issues. The SME is expected to be familiar with all aspects of personnel security reform implementation and project management. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum is preferred.
Information Security Sr. Functional Analyst: The position requires expert knowledge in DoD, Intelligence Community, and national level information security policies. Knowledge of the Department's information security related functions to include operations security, critical information protection/technology protection, declassification, SCI and SAP security policies is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to the DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for information security equities.
The SME must be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution. The SME must have 5-7 years of security policy experience, classification and markings experience, and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum in a related field is preferred.
Industrial Security Sr. Functional Analyst: The position requires expert knowledge of DoD Intelligence Community, and national level industrial security policies and procedures. Knowledge of national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for industrial security equities.
The SME must be capable of providing support for key working groups such as the National Industrial Security Policy Program Advisory Committee and Defense Industrial Base Cyber Security Program. Furthermore, the SME must be capable of completing a wide spectrum of staff actions within established deadlines in response to Directorate, OSD, Joint Staff and Component leadership actions and requests concerning all facets of the Industrial Security Program.
The SME will serve as a subject matter expert on various industrial security committees. The SME must be capable of developing, updating, and coordinating policy and developing action memos, congressional responses, briefings, background research, oversight visits, and participate in inter and intra agency meetings. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree is preferred.
Section D - Packaging and Markings
All deliverables shall be marked with the contractor's name, contact information, date delivered, and contract number
Section E - Deliveries & Performance
E.1 All inspection and acceptance terms are contained in FAR 52.212-4 for firm-fixed-price.
E.2 Contractor Responsibility. The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry.
E.3 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
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
Section F - Deliveries & Performance
F.1 Period of Performance. The period of performance for this contract will be a 12-month base period and four 12-month option periods.
F.2 Place of Performance. Work will be performed at the Pentagon, Arlington VA; Crystal City, VA; or other government sites within the National Capital Region. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I).
F.3 Recognized Holidays. Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day.
Section G - Contract Administrative Data
G.1 Submission of Invoices
WHS AD WAWF INVOICING INSTRUCTIONS (Apr 2010)
To implement DFARS 252.232-7003, "Electronic Submission of Payment Requests and Receiving Reports (March 2008)", Washington Headquarters Services, Acquisition Directorate (WHS/AD) utilizes WAWF to electronically process vendor requests for payment. The web based system is located at https://wawf.eb.mil, and allows government contractors and authorized Department of Defense (DoD) personnel to generate, capture, process and track invoice and acceptance documentation electronically. The contractor is required to utilize this system when submitting invoices and receiving reports under this contract. Submission of hard copy DD250/Invoice/Public Vouchers (SF1034) is no longer permitted.
The contractor shall ensure an Electronic Business Point of Contract is designated in Central Contractor Registration at http://www.ccr.gov/ and register to use WAWF at https://wawf.eb.mil within ten (10) days after award of the contract or modification incorporating WAWF into the contract. Step by step instructions to register are available at http://wawf.eb.mil.
The contractor is directed to submit the following invoice type:
2-n-1 - Services Only, including Construction
**Do NOT use the WAWF Construction invoice type - it is not permitted for invoices paid in the MOCAS system
Back up documentation may be attached to the invoice in WAWF under the "Misc Info" tab. Fill in all applicable information under each tab.
With the exception of extensions, the following required information should automatically populate in WAWF; if it does not populate, or does not populate completely or correctly, enter the following information as noted:
Contract Number TBD
Delivery Order n/a
Pay DoDAAC HQ0347
Issue By DoDAAC HQ0034
Admin By DoDAAC HQ0034
Inspect By DoDAAC/Extension HQ0208
Service Acceptor DODAAC/Extension or
Ship to DODAAC/Extension or
Service Approver DODAAC/Extension or
Grant Approver DODAAC/Extension HQ0034/OSDTM2
DCAA Auditor DODAAC/Extension
LPO DODAAC Leave Blank
The Contractor shall verify that the DoDAACs automatically populated by the WAWF system match the above information. If these DoDAACs do not match then the contractor shall correct the field(s) and notify the contracting officer of the discrepancy (ies).
The Contractor will need to enter a Shipment (or Voucher) Number in a specific format.
• The correct format for a shipment number for MOCAS invoices is AAAXNNN where A = alpha, X = alphanumeric and N = numeric characters, followed by a "Z" suffix if it is a final invoice. (e.g. SER0001, BVN0002Z, SERA003)
• WAWF will affix the prefix "SER" for 2-in-1 invoices and prefix "BVN" for cost vouchers to the Shipment (or Voucher) Number fields. For Combo documents, the contractor may enter their own three letter prefixes.
Take special care when entering Line Item information. The Line Item tab is where you will detail your request for payment and material/services that were provided based upon the contract. Be sure to fill in the following items exactly as they appear in the contract:
• Item Number: If the contract schedule has more than one ACRN listed as sub items under the applicable Contract Line Item Number (CLIN), use the 6 character, separately identified Sub Line Item Number (SLIN) (e.g. - 0001AA) or Informational SLIN (e.g. - 000101), otherwise use the 4 character CLIN (e.g. - 0001).
• Unit Price
• Unit of Measure
• ACRN: Fill-in the applicable 2 alpha character ACRN that is associated with the CLIN or SLIN.
Note - DO NOT INVOICE FOR MORE THAN IS STILL AVAILABLE UNDER ANY CLIN/SLIN/ACRN.
Before closing out of an invoice session in WAWF but after submitting your document or documents, the contractor will be prompted to send additional email notifications. Contractor shall click on "Send More Email Notification" on the page that appears. Add the following email address email@example.com in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the government is important to ensure that all appropriate persons are aware that the invoice documents have been submitted into the WAWF system.
If you have any questions regarding WAWF, please contact the WAWF Help Desk at 1-866-618-5988.
G.2 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the contract or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this contract is:
The contractor will be notified in writing concerning the replacement of the COR for this contract. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the contractor.
The COR is NOT authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.
The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the Contracting Officer has issued a written directive or written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the Contracting Officer.
If the Contracting Officer has designated an Alternate COR (ACOR), the ACOR may act only in the absence of the COR (due to such reasons as leave, official travel, or other reasons for which the COR is expected to be gone and not readily accessible for the day).
COR authority IS NOT delegable.
G.3 Points of Contact
COR: Richard Weyrauch
Contract Specialist : Steve Slagle
Contracting Officer: Christopher Harris
Section H - Special Contract Requirements
H.1 Pricing under FAR 52.217-8
In the event the Government exercises its unilateral right under FAR clause 52.217-8, Option to Extend Services, the unit price for the performance of services during this period will be the latest price(s) agreed upon in the contract or subsequent modifications.
H.2 Government Furnished Equipment
The government will provide office space, furniture, supplies, and automated office equipment. Access will be granted to classified and unclassified military LAN services, LAN support, telephones, and reproduction facilities at the place(s) of performance. The government will provide access to relevant government organizations, information, documentation, manuals, texts, briefs, and associated materials as required and available. Access will be granted to classified networks as directed by the designated security authority. The government will provide workstations and software required.
H.3 Special Contract Requirements for Service Contracts
a. Inherently Governmental Functions - No inherently government functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer's Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.
b. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.
c. Identification of Contractor Personnel - In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Department of Defense (DoD), but rather shall identify themselves as being under contract to DoD. To that end, contractor personnel shall: 1) identify themselves as contractor personnel at meetings by introducing themselves or being introduced as contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as contractor employees in telephone conversations and in formal and informal (e.g. e-mail) written correspondence.
H.4 Organizational Conflicts of Interest - Disclosure
(a) Purpose. This clause applies to the Contractor and its affiliates, consultants and subcontractors of any tier (collectively referred to as "Contractor"). This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor's proposal or performing the work. Attention also is directed to FAR Subpart 9.5 and the provisions which follow.
(b) Government Contractor Participation in Solicitation/Statement of Work, Award or Administration. The following Government contractors participated in the preparation of the Statement of Work/Solicitation or are expected to assist in the award and administration of the contract:
1. Infinity Technology
2. Horizon Industries LTD.
(c) Scope-Actual or Potential Conflicts of Interest. This clause is intended to ensure that the Contractor (1) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of actual or potential unauthorized use or disclosure of proprietary or procurement-related information, (2) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of any relationship (social, familial, financial etc) between the Contractor or Contractor's employees and any Government employee, Government contractor or Government contractor employee involved in the procurement process or the administration of the contract whether or not specifically identified in this solicitation, (3) is not biased or potentially biased or its ability to render impartial advice to the Government impaired or potentially impaired due to Contractor's current or planned interests (financial, contractual, organizational or otherwise) that relate to the services performed or products to be delivered under this solicitation, or (4) any other potential conflict of interest identified or within the scope of FAR 9.5. Parts (1), (2) and (3) above are examples of potential conflicts of interest governed by this clause.
(d) Contractor Representation. The Contractor represents by submission of its offer that, to the best of its knowledge and belief, Contractor has no actual or potential conflict of interest or, pursuant to paragraph (e), has disclosed to the Contracting Officer in writing all relevant information regarding any actual or potential conflict of interest.
(e) Contractor Disclosure of Actual or Potential Conflicts of Interest Before and After Award. If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the Contracting Officer. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information:
(1) a description of the actual or potential conflict of interest and identify the parties involved;
(2) a description of the work affected by the actual or potential conflict of interest; and
(3) a mitigation plan as described in section (f).
(f) Mitigation Plan. To the extent that the Contractor or the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or proposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the Contracting Officer, the mitigation plan will become part of the contract.
(g) Final Authority. The Contracting Officer is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided.
(h) Remedies. The presence of an actual or potential conflict of interest that, in the Contracting Officer's discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor from competing for the award or, if the conflict is discovered after award and cannot, in the Contracting Officer's discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the Contracting Officer may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest. If the Contractor was or, with reasonable diligence, should have been aware of a potential conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the Contracting Officer, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation.
(i) The Contractor may not compete for any requirement that incorporates, involves or relates to any work performed by contractor under this solicitation unless otherwise authorized in writing by the Contracting Officer.
H.5 Compliance with Pentagon Regulations - Contractor and Subcontractor Conduct
The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities.
All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may, in writing, require the contractor to remove the employee from work under this contract.
This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work.
This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work.
H.6 Security Requirements
a. All tasks must be conducted in full compliance with DoD security regulations. Personnel assigned by the contractor to perform work under this contract must hold an active Top Secret/Sensitive Compartmented Information (TS/SCI) clearance before starting work and the clearance must be maintained during the entire period of performance. The Contractor shall submit the security nomination packages for the personnel assigned to the contract at the time of award.
In the event that the necessary security clearances are not adjudicated within the timelines described above, the Government will require the Contractor to develop a work-around plan to meet the requirements of the PWS and submit it to the Contracting Officer for acceptance. In the event that an acceptable plan is not submitted, the Government shall be entitled to an equitable adjustment to the contract and any other rights under this contract or applicable law including termination for default.
The Contractor's Facility Security Officer (FSO) shall submit Personnel Security Clearance (PCL) validation through use of a Visit Authorization Request (VAR) for each employee, in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) to the designated security representative.
Changes in PCL status of contractor employees shall be forwarded in writing to the Contracting Officer and the designated security representative.
All contractor personnel will be required to sign a Non-Disclosure Agreement.
b. Security Classification Guidance
In addition to the personal security clearances described above, the contractor, to be eligible for award, must hold, on the date proposals are submitted, an active Top Secret facility clearance that must be maintained throughout the period of performance.
All Security Classification Guidance is provided on DD Form 254, Department of Defense Contract Security Classification Specification (hereafter referred to as the DD 254). Any changes or additional security classification guidance shall be provided to the Contractor in writing, through updates and modifications to the DD 254. At no time will the Government issue classification guidance in any other form (verbal, e-mail, etc.).
c. Facility Security Clearance (FCL)
The Contractor's FSO shall report, in writing, to the Contracting Officer any changes in the Contractor's security status throughout the contract period of performance.
Subcontractors shall comply with the same security requirements as the Contractor. The Contractor shall issue DD 254s to each subcontractor reflecting the same security requirements applicable to the prime contract. The contractor shall also sponsor subcontractor(s) for an FCL and associated PCL(s) required in accordance with the DD 254.
H.7 Key Personnel
(a) The Contractor shall notify the Contracting Officer prior to making any changes in personnel assigned to key positions. The key position is defined as:
(1) Senior Functional Analyst
(2) Office Management Functional Analyst
(3) Personnel Security Senior Functional Analyst
(4) Information Security Senior Functional Analyst
(5) Industrial Security Senior Functional Analyst
(b) During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events and provide the information required below. After the initial ninety (90) calendar day period, the Contractor may propose substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contractor shall, prior to making any substitution permanent, demonstrate to the satisfaction of the Contracting Officer that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel originally identified for the position. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on proposed substitutions.
Section I - Clauses/Provisions
Clauses/Provisions Incorporated By Reference
52.203-7 Anti-Kickback Procedures OCT 2010
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.212-1 Instructions to Offerors--Commercial Items FEB 2012
52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012
52.217-5 Evaluation Of Options JUL 1990
52.219-8 Utilization of Small Business Concerns JAN 2011
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.223-6 Drug-Free Workplace MAY 2001
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011
252.204-7000 Disclosure Of Information DEC 1991
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7006 Billing Instructions OCT 2005
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009
252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government JUN 2010
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States MAR 2006
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
Clauses/Provisions Incorporated By Full-Text
52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION) (AUG 2012)
(a) Definitions. As used in this clause-
"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.
"Commercial and Government Entity (CAGE) code" means-
(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
"Registered in the SAM database" means that-
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;
(2) The Contractor's CAGE code is in the SAM database; and
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-
(1) Data collected from prospective federal awardees required for the conduct of business with the Government;
(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.
(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) A contractor may obtain a DUNS number-
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The Contractor should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
(End of Clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.